The Constitutional Power of Pardon by the President

Where the Department of Justice (DOJ-Phillippines) Secretary Leila de Lima may be charged with contempt resulting from her directive of barring former Philippine President Gloria Macapagal Arroyo from leaving the country due to the latter's impending plunder and electoral sabotage charges despite the "immediately executory" Temporary Restraining Order (TRO) issued by the Supreme Court, the usual bonding analysis which my father (Atty. Macario D. Carpio) and I share together seems to be an enlightening one. Hence, it lead to me to write this article.

What is worth reviewing is Section 19 Article VII of the Philippine Constitution which states: "Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutation, and pardons, and remit fines and forfeiture, after conviction by final judgment". What can be applicable to this case is the power of the President to grant "pardon" as specifically provided under the Philippine Constitution.

By way of definition, "pardon" is an act of grace, proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is a rule that every pardon granted makes the law inequitable. The term "law" may consist of rules enacted by the Supreme Court of the Philippines, such as the Rules of Court. The pardoning power (as granted to the President under the Constitution) is vested in order to prevent injustice.

Pardon is classified as general, special, absolute and conditional. A general pardon presupposes that an act of the legislature is passed expressly directing the offense of a certain class. Special pardons are those which are granted by the pardoning power for particular cases. Absolute pardons are those which free the criminal without any condition whatsoever. Conditional pardons are those which must be performed before the pardon can have any effect.

Under the Philippine Constitution, there is no requirement that the pardoning power should seek consent from any branch of the government, except on the power to grant amnesty, which requires concurrence of the majority of all the Members of Congress. (See Section 19, Article VII, Philippine Constitution). That being said, the pardoning power of the President is wide and all-encompassing.

How can this be applied to DOJ Secretary Leila de Lima? The President can always grant her a special absolute pardon in case she will be held guilty of contempt by the Supreme Court in violation of the Rules of Court. A person found guilty of contempt provides a penalty of a fine and/or imprisonment, therefore classified as a criminal liability. Since a pardon may be granted in favor of someone committing a criminal offense, it is my opinion that "contempt" constitutes a criminal offense where the grant of pardon may be applicable.

Something that we can ponder, but I think the Office of the President already knows this just in case the worst thing happens. But regardless of what can happen, and regardless of the opinions of the legal luminaries on this matter, let us just hope that the ends of justice will prevail.

Article Reference:

De Lima Ready to Face Contempt Charges

TheLaw.com (The Law Network, LLC)

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