EXPLAINER: What is absolute pardon?

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After 16 years, former overseas Filipino worker (OFW) Mary Jane Veloso may soon walk free after President Ferdinand Marcos Jr. granted her absolute pardon. But what is this power granted to the chief executive?

Article VII, Section 19 of the 1987 Philippine Constitution grants the President power to give reprieves, commute sentences, grant pardons and remit fines and forfeitures, even after conviction by final judgement.

Simply put, if an inmate meets the proper requirements, they could appeal for pardon on their case.

The Board of Pardons and Parole’s (BPP) 2006 guidelines for recommending executive clemency further details how an inmate could possibly appeal for clemency from the President.

An inmate could appeal for either absolute pardon or conditional pardon. Absolute pardon is the total extinction of criminal liability of the inmate.

“It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted,” the guidelines read.

Meanwhile, conditional pardon is the exemption of an individual from the punishment of their crime, within certain limits.

The rules also outline when clemency can be appealed and when it could not. The President could not grant pardon in cases of impeachment, in cases violating election laws, and in cases where the conviction is on appeal or not final and executory.

The BPP is tasked with assisting the President by helping review and recommend which cases deserve clemency. According to their rules, an inmate may be eligible for pardon if they meet the following criteria:

• If the inmate is serving a maximum period that exceeds more than one year
• If the inmate has served the minimum period of their indeterminate sentence
• If the inmate’s conviction is final and executory
• If the inmate has no pending criminal case
• If the inmate is serving the sentence in a national penitentiary

The BPP may also give special recommendations in the case of youth offenders, senior citizens, those with physical disabilities or serious illnesses, alien prisoners, among others.

• There are also several disqualifications for parole, including if:
• They are convicted of offenses punished with the death penalty or life imprisonment
• They are convicted of treason, conspiracy or proposal to commit treason or espionage
• They are convicted of misprision of treason, rebellion, sedition or coup d’ etat
• They are convicted of piracy or mutiny on the high seas or Philippine waters
• They are habitual delinquents or if they have committed a serious crimes within 10 years of their release
• They escaped from confinement or evaded sentence
• They have been granted conditional pardon and have violated terms
• Their maximum term does not exceed more than one year