Amnesty is distinguished from Pardon as follows:
Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof; while amnesty by Proclamation of the Chief Executive with the concurrence of Congress, is a public act of which the courts should take judicial notice. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction. Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does 'not work the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon,' and it 'in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence' (Article 36, Revised Penal Code). While amnesty looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. (People vs. Patriarca, Jr. G.R. No. 135457, September 29, 2000 citing People vs. Casido)
AMNESTY | PARDON |
Addressed to political offenses | Infractions against the peace of the state |
Classes of persons | Individuals |
No need for distinct acts of acceptance | Acceptance necessary |
Requires concurrence of Congress | Does not require Congressional concurrence |
A public act of which the courts may take judicial notice | Private act which must be pleaded and provided |
Looks backward and puts into oblivion the offense itself | Looks forward and relieves the pardonee of the consequences of the offense |
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