Ipaliwanag sa Tagalog at mag bigay ng tig-tatatlong halimbawa
Distinguish Amnesty and Pardon
Amnesty
-A special form of pardon exercised by the President of the Republic. Is a general pardon extended to a certain class of people who are usually political offenders.
- Operates objectively with respect to the crime, and by virtue thereof the latter should be regarded as wiped out, pardoned and forgotten.
-The criminal complex of act constituting the crime is erased, as though such act was innocent when committed; hence, the effects of the conviction are obliterated. Amnesty is granted in favor of a class of convicted offenders, not to individual convicted offenders; and the crimes involved are generally political offenses, not common crimes. Amnesty is a public act that requires the conformity or concurrence of the Philippine Senate.
Pardon
- It is likewise issued by the President and is also political in nature.it is an exclusive act of the President where the court and Congress has no say whatsoever.
Ordinary pardon is more of a subjective character and solely affects the person pardoned, and is granted upon the supposition of the actual existence of the crime.
-The convict is excused from serving the sentence but the effects of conviction remain untess expressly remitted by the pardon; hence, for pardon to be valid there must be a sentence already final and executor at the time the same is granted. Moreover, the grant is in favor of individual convicted offenders, not to a class of convicted offenders; and the crimes subject to the grant may be common crimes or political crimes. Finally, the grant is a private act of the Chief Executive which does not require the concurrence of any other public officer or office .
Distinguish Amnesty and Pardon
Amnesty
-A special form of pardon exercised by the President of the Republic. Is a general pardon extended to a certain class of people who are usually political offenders.
- Operates objectively with respect to the crime, and by virtue thereof the latter should be regarded as wiped out, pardoned and forgotten.
-The criminal complex of act constituting the crime is erased, as though such act was innocent when committed; hence, the effects of the conviction are obliterated. Amnesty is granted in favor of a class of convicted offenders, not to individual convicted offenders; and the crimes involved are generally political offenses, not common crimes. Amnesty is a public act that requires the conformity or concurrence of the Philippine Senate.
Pardon
- It is likewise issued by the President and is also political in nature.it is an exclusive act of the President where the court and Congress has no say whatsoever.
Ordinary pardon is more of a subjective character and solely affects the person pardoned, and is granted upon the supposition of the actual existence of the crime.
-The convict is excused from serving the sentence but the effects of conviction remain untess expressly remitted by the pardon; hence, for pardon to be valid there must be a sentence already final and executor at the time the same is granted. Moreover, the grant is in favor of individual convicted offenders, not to a class of convicted offenders; and the crimes subject to the grant may be common crimes or political crimes. Finally, the grant is a private act of the Chief Executive which does not require the concurrence of any other public officer or office .