Practice question
A qualified applicant invokes a valid amnesty while prosecution is pending and before conviction becomes final. An official says every amnesty must wait for final conviction because pardon does. Which is correct?
- The two powers have identical final-conviction requirements
- Amnesty can operate before final conviction under its valid terms; the pardon limitation should not simply be imported
- Pending cases can never involve amnesty
- The prosecutor alone can supply congressional concurrence
- Amnesty necessarily requires serving the entire sentence first
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution Article VII section 19: presidential amnesty and concurrence of a majority of all Members of Congress.
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles89(3) and113: amnesty’s penal effect and survival of civil liability.
- https://lawphil.net/judjuris/juri2024/apr2024/gr_241494_2024.html — Trillanes v. Medialdea, G.R. 241494,256660 and256078, April 3, 2024, main decision: legal effect, coverage, legislative concurrence and due process in revocation.
- https://lawphil.net/judjuris/juri1949/jan1949/gr_l-1278_1949.html — Barrioquinto v. Fernandez, G.R. L-1278, January 21, 1949, main decision: amnesty distinguished from pardon.
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