[OPINION] Lessons from the Pemberton pardon

'There is a real danger that this president will use the power of pardon, an absolute power, arbitrarily and irresponsibly without due regard to public opinion and common decency.' Opinion Read this ThoughtLeaders piece by Tony La Viña and Joy Reyes.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.”

Amnesty refers to political offenses, while pardon refers to infractions of the peace or order. While amnesty is granted to classes of persons, pardon is granted to an individual. Amnesty is a public act and so courts take judicial notice of it, and its grantee does not need to do anything to accept the grant, while pardon is a private act by the president and so it has to be proved in court by the grantee, who will accept its grant.

It can be said, therefore, that the grant of executive clemency was legally sound in its application.Many have questioned what the pardon means for the Visiting Forces Agreement, due to which he was detained in a restricted facility in Camp Aguinaldo instead of a Philippine prison, while others have questioned the propriety of the use of the Good Conduct Time Allowance Law.

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