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Unformatted text preview: xtended without any conditions Conditional pardon ‐ one under which the convict is required to comply with certain requirements Plenary pardon ‐ extinguishes all the penalties imposed upon the offender, including accessory disabilities partial pardon does not extinguish all penalties Partial pardon ‐ does not extinguish all the penalties Note: A judicial pronouncement that a convict who was granted a pardon subject to the condition that he should not again violate any penal law is not 54 necessary before he can be declared to have violated the condition of her pardon. (Torres v. Gonzales, G.R. No. L‐76872, July 23, 1987) Q: Can an offender reject pardon? A: It depends. 1. Conditional Pardon ‐ the offender has the right to reject it since he may feel that the condition imposed is more onerous than the penalty sought to be remitted. 2. Absolute Pardon ‐ the pardonee has no option at all and must accept it whether he likes it or not. Note: In this sense, an absolute pardon is similar to commutation, which is also not subject to acceptance by the offender. (Cruz, Philippine Political Law, 2002 ed., p. 232) Q: Mon Daraya, the assistant city treasurer of Caloocan, was convicted of estafa through falsification of public documents. However, he was granted an absolute pardon, prompting him to claim that he is entitled to be reinstated to his former public office. Is Mon’s contention tenable? A: No. Pardon does not ipso facto restore a convicted felon neither to his former public office nor to his rights and privileges which were necessarily relinquished or forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility to that office. (Monsanto v. Factoran, G.R. No. 78239, Feb. 9, 1989) Q: What is reprieve? A: It is the postponement of sentence to a date certain, or stay of execution. Note: It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the executio...
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This document was uploaded on 03/12/2014.

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