Pardon vs Parole is one of the most commonly misunderstood topics in criminal law. Many people think both are simply ways to get out of jail early, but they are very different.
In this guide, we’ll explain their differences in simple terms so you can clearly see how each works under Philippine law.
What Is the Difference Between Pardon and Parole in the Philippines?
Pardon is an act of executive clemency granted by the President of the Philippines that forgives the penalty of a crime, while parole is a conditional release granted by the Board of Pardons and Parole after a prisoner has served the minimum sentence.
In simpler terms: Parole is like a supervised “trial period” outside prison, while a pardon is the government saying, ‘You’re forgiven, your punishment ends here.’
👉 In short:
- Pardon = Presidential forgiveness
- Parole = Conditional freedom under supervision
What Is a Pardon Under Philippine Law?
A pardon is a constitutional power of the President to forgive a criminal penalty after conviction.
Legal Basis of Pardon
📘 1987 Philippine Constitution, Article VII, Section 19
“Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. xxx.”
Key Points About Pardon
- Granted only by the President
- Given after final conviction
- Based on mercy or public interest
- Does not erase the crime
- May restore civil and political rights
A pardon does not mean the person is innocent. The conviction still exists, but the punishment is reduced or forgiven.
Types of Pardon in the Philippines
Absolute Pardon
An absolute pardon:
- Fully removes the penalty
- Restores civil and political rights, such as: voting, holding public office (unless restricted)
- Has no conditions
📘 Case Reference:
Monsanto v. Factoran (G.R. No. 78239, February 9, 1989)
The Supreme Court ruled that an absolute pardon restores civil rights unless expressly excluded.
Conditional Pardon
A conditional pardon is a form of executive clemency that forgives a crime under specific conditions.
- Comes with requirements, such as not committing another offense or paying fines
- Can be revoked if conditions are violated
- Requires strict compliance with all terms
📘 Legal Principle:
Violation of the conditions can result in re-arrest and re-imprisonment without a new trial to serve the unexpired portion of the original sentence.
What Is Parole in the Philippines?
Parole allows a prisoner to live outside prison after serving the minimum sentence, subject to supervision.
Legal Basis of Parole
📘 Act No. 4103, (Indeterminate Sentence Law)
Parole is authorized after the inmate serves the minimum term of the indeterminate sentence.
📘 Administrative Code of 1987
Gives authority to the Board of Pardons and Parole (BPP) to grant parole.
Who Grants Parole in the Philippines?
✅ Board of Pardons and Parole (BPP)
❌ Not the President
The BPP evaluates:
- Behavior in prison
- Risk to society
- Nature of the offense
Who Is Qualified for Parole?
A prisoner may qualify if they:
- Have served the minimum sentence
- Display good conduct while incarcerated
- Are not convicted of disqualified offenses
- Are assessed as low risk to public safety
📘 BPP Rules and Regulations govern eligibility.
Pardon vs Parole: Side-by-Side Comparison
| Factor | Pardon | Parole |
|---|---|---|
| Granting Authority | President | Board of Pardons and Parole |
| Legal Nature | Executive clemency | Conditional release |
| Sentence Status | May end penalty | Continues |
| Conditions | Optional | Mandatory |
| Revocable | If conditional | Yes |
| Criminal Record | Remains | Remains |
Does a Pardon Erase a Criminal Record?
No.
A pardon does not erase the conviction.
📘 Monsanto v. Factoran
A pardon forgives the penalty but does not wipe out the crime itself.
However, an absolute pardon may restore civil rights.
Does Parole Mean the Sentence Is Over?
No.
A parolee is still serving the sentence outside prison.
📘 Indeterminate Sentence Law
The sentence continues until the maximum term expires or parole is terminated successfully.
Common Conditions of Parole in the Philippines
Parolees must usually:
- Report to a parole officer
- Stay within approved areas
- Avoid criminal acts
- Maintain good conduct
Violation results in parole revocation.
Can Pardon or Parole Be Revoked?
Revocation of Parole
Parole is revoked if the parolee:
- Commits another crime
- Violates parole conditions
- Fails to report to authorities
📘 BPP Rules authorize immediate re-arrest.
Revocation of Conditional Pardon
A conditional pardon in the Philippines can be revoked if the grantee violates any of the conditions imposed. The President has the power to recommit the pardonee to prison without waiting for a court conviction of a new crime. (In Re: Petition for Habeas Corpus of Wilfredo S. Torres, G.R. No. 122338, December 29, 1995)
Which Is Better: Pardon or Parole?
There is no better option—it depends on the situation.
- Pardon is more powerful but harder to obtain
- Parole is more common and based on behavior and eligibility
Both aim to rehabilitate offenders while protecting society.
Why Understanding Pardon vs Parole Matters
Knowing the difference helps:
- Prisoners plan legal options
- Prisoners and Families manage expectations
- Citizens avoid misinformation
Quick FAQ
Is parole the same as pardon?
No. Parole is conditional release; pardon is forgiveness of penalty.
Who grants pardon in the Philippines?
Only the President, under the Constitution.
Can parole be denied?
Yes. Not all prisoners qualify.
Can a pardoned person go back to jail?
Yes, if a conditional pardon is violated.
Final Summary
- Pardon is is an act of forgiveness by the President
- Parole is conditional freedom after minimum sentence supervised by authorities
- Both require responsibility and compliance
- Neither erases the criminal conviction
Understanding pardon vs parole in the Philippines ensures clarity, compliance, and informed legal decisions.