Limitations of the Pardoning Power of the
Does not restore offices forfeited or
President
1. Only after final conviction
2. Not extended to impeachment
cases
3. Not those involved in violation of
election laws without COMELEC’s
recommendation
(Risos-Vidal vs COMELEC G.R. NO.
206666, January 21, 2015 [Points 1-3])
Distinctions between Pardon and Amnesty
Pardon
Granted by Chief Executive which is a private
act that courts take no notice and must be
pleaded and proved by the pardoned
persons.
Granted to one person after final conviction
of usually ordinary offense
Looks forward and relieves the offender from
the consequences but does not restore to
hold public office or right to suffrage unless
stated in the terms of the pardon. No
exemption in paying indemnity.
Already served the full sentence may still be
pardoned because the pardon can extinguish
or wipe out accessory and resultant
disabilities and restore to his full civil rights
and political rights.
 Doctrine of Non-Diminution or Non-
impairment of the President’s
Power of Pardon by Acts of
Congress - The effects on political
rights and how this right will be
restored cannot, in any way, serve to
abridge or diminish the exclusive
power and prerogative of the
President to pardon persons
convicted of violating penal statutes.
6.) Diplomatic Power
4.
vacated after conviction
5. Whether there is violation of
condition exclusively rests in the
Chief Executive
6. Judicial and Legislative is cannot be
exercised (Doctrine of Separation of
Powers)
Amnesty
Requires the concurrence of majority of all
Members of Congress. A public act which the
courts take judicial notice.
Granted to a group who may be guilty of
political offense
Looks backward and abolishes the offense
If the accused does not profess and maintains
that he has not committed a crime, he cannot
avail the benefits of amnesty.
 The conduct of foreign relations
or diplomatic powers is vested in
the head of the state, our
President, which includes
nomination of ambassadors,
other ministers and consuls with
the consent of the Commission
on Appointments; enter into
treaty or executive agreement
with concurrence of two-thirds
of all the Members of the
senate; may contract or
guarantee foreign loans on
 behalf of the Republic of the
Philippines
 The president negotiates and
ratifies treaties for he is the sole
representative with foreign
nations; the sole role of the
senate is limited only to giving or
withholding its consent or
concurrence.
 The privilege for diplomatic
negotiations is to encourage a
frank exchange of exploratory
ideas between negotiation
parties by shielding such
negotiations from public view.