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Amended Guidelines For Recommending Executive Clmency
Amended Guidelines For Recommending Executive Clmency
Amended Guidelines For Recommending Executive Clmency
GENERAL PROVISIONS
These guidelines are meant solely for the guidance of the Board of Pardons and Parole
(hereafter the "Board") in the performance of its duty to assist the President in
exercising the power of executive clemency. These guidelines created no vested or
enforceable rights in persons applying for executive clemency.
These guidelines do not restrict the plenary authority granted to the President under
Section 19, Article VII of the Constitution. The President may motu proprio or upon
recommendation of the Board or of any other agency, grant reprieves, commutations
and pardons and remit fines and forfeitures after final judgment. The President may also
review, revise, amend, revoke or affirm the recommendation of the Board; refer any
matter pertaining to executive clemency to the Board or to any other agency.
SECTION 2. Consideration of Cases for Executive Clemency. — The Board may consider
cases for executive clemency upon petition, or referral by the Office of the President, or
motu proprio.
a. The trial court or appellate court in its decision recommended the grant of executive
clemency for the prisoner;
b. Under the peculiar circumstances of the case, the penalty imposed is too harsh
compared to the crime committed;
c. Evidence which the court failed to consider, before conviction, which would have
justified an acquittal of the accused;
d. Prisoners who were over nine (9) years but under eighteen (18) years of age at the
time of the commission of the offense.
e. Prisoners who are seventy (70) years old and above who have served at least five (5)
years of their sentence or those whose continued imprisonment is inimical to their
health as recommended by a physician of the Bureau of Corrections Hospital and
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g. Alien prisoners where diplomatic considerations and amity among nations necessitate
review.
h. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby.
a. When he is suffering from severe physical disability as when he is a deaf mute, a leper,
a cripple, or is partially blind, etc., as recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician designated by the Department of
Health or designated by the Malacañang Clinic Director;
c. Such other circumstances whenever the interest of justice will be served thereby.
Provided, that a petition for executive clemency under this section may be reviewed only
if the petitioner meets the following minimum requirements:
1. at least one half (1/2) of the minimum of his indeterminate and/or definite prison
term or the aggregate minimum of his indeterminate and/or definite prison terms.
2. at least ten (10) years, for prisoners sentenced to one (1) reclusion perpetua or one (1)
life imprisonment, for crimes/offenses not punishable under Republic Act No 7659 and
other special laws.
3. at least twelve (12) years, for prisoners whose sentences were adjusted to forty (40)
years in accordance with the provisions of Article 70 of the Revised Penal Code, as
amended.
4. at least fifteen (15) years, for prisoners convicted of heinous crimes as defined in
Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to one (1)
reclusion perpetua or one (1) life imprisonment.
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5. at least seventeen (17) years, for prisoners sentenced to two (2) or more reclusion
perpetua or life imprisonment even if their sentences were adjusted to forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
6. at least twenty (20) years, for those sentenced to death which was automatically
commuted or reduced to reclusion perpetua or life imprisonment.
B. For Conditional Pardon, the prison should have served at least one-half (1/2) of the
maximum of the original indeterminate and/or definite prison term.
e. Those convicted of violation of Republic Act No. 6425, as amended, otherwise known
as "The Dangerous Drugs Act of 1972", or Republic Act No. 9165, also known as "The
Comprehensive Dangerous Drugs Act of 2002", and other drug related offenses except
those convicted only of use and/or possession of prohibited or regulated drugs;
g. Those whose release from prison would pose a threat to the public safety or would
constitute a danger to society; and
SECTION 6. Petition for Absolute Pardon. — the prisoner should have served his
maximum sentence or granted final release and discharge or court termination of
probation. However, the Board may consider a petition for absolute pardon even before
the grant of final release and discharge under the provisions of Section 6 or Act No.
4103, as amended, as when the petitioner: (1) is seeking an appointive/elective public
position or reinstatement in the government service; (2) will take any government
examination; or (3) is emigrating, provided the petitioner shall submit an approved
immigrant application.
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SECTION 7. Petition. — When a petition is filed by, or on behalf of, a prisoner, the form
of said petition shall substantially comply with the form prescribed by the Board and
shall clearly show the following:
PROCEDURE
SECTION 8. Referral to Government Agencies. — The Board may, in its discretion, refer
a petition for executive clemency to a Probation and Parole Officer who shall submit
within thirty (30) days from receipt of referral a Report on the behavior, character
antecedents, mental and physical condition of the petitioner, and the results of the
National Bureau of Investigation records check.
The Boards shall refer matters pertaining to executive clemency for comment and
recommendation as follows:
b. To the Secretary of National Defense and the Secretary of the Interior and Local
Government, if a case for executive clemency involves crime against national security or
public order or the law of nations; and
SECTION 10. Notice to Convicting Trial Judge, Prosecutor's Office, and Offended Party.
— In all cases when a prisoner is being considered for executive clemency, the Board
shall notify the following personally or by registered mail:
c. The offended party or, in the event that the offended party is unavailable for
comment or otherwise cannot be located, the immediate relatives of the offended party.
Said persons and offices shall be given thirty (30) days from notice to comment on
whether or not executive clemency may be granted to a prisoner.
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Provided that, in matters of extreme urgency or when the interest of justice will be
served thereby, such notice may be waived or dispensed with by the Board. In such case,
the Board shall explain the reason for the waiver of such notices in their board
resolution recommending executive clemency.
SECTION 11. Publication of Names of Those Being Considered for Executive Clemency.
— The Board shall also cause the publication in a newspaper of national circulation the
names of prisoners who are being considered for executive clemency.
SECTION 13. Board Meetings. — The Board shall meet once a week, or oftener upon call
by the Chairman, to deliberate matters pertaining to executive clemency.
SECTION 14. Quorum. — A majority of all the member of the Board shall constitute a
quorum.
SECTION 15. Contents of Minutes of Board Meeting. — The minutes of the meeting of
the Board shall show the votes of its individual members and the reason(s) for voting for
or against recommending the grant of executive clemency. Where at least majority of
the sitting members vote in favor of recommending the grant of executive clemency,
the vote of any dissenting member shall be reduced into writing and shall form part of
the records of the proceedings of the Board.
In case the Board shall favorably recommend executive clemency, the records of any
opposition submitted shall be forwarded to the Office of the President, along with the
other supporting documents enumerated in Section 19.
"During the meeting of the Board of Pardons and Parole held on (Date), at (Time), at
(Place), where the following members, constituting a quorum, were present:
"1. The Board discussed the matter concerning the grant of executive clemency in favor
of (Name of prisoner or prisoners), with the following circumstances.
a. (A summary of the decision of the trial and appellate courts, indicating the crime for
which the prisoner was charged and convicted and the date when his conviction became
final;)
c. (The place where he is serving his sentence and the date when he commenced the
same; and)
d. (The actual time spent in prison [does not include Good Conduct Time Allowance];)
"2. After due deliberation, the Board has found such circumstances present in the case
such that the strict application of the law will result in manifest injustice, particularly
(Explanation of what circumstances are present);
"3. After due deliberation, the Board, by the vote of at least majority of the sitting
members, hereby recommends to the President of the Philippines the grant of executive
clemency in favor of the above named individual(s) in the form of (State whether the
executive clemency being recommended is in the form of absolute pardon, conditional
pardon, commutation of sentence, or reprieve; If commutation, state the period; if
reprieve, state the date certain)
for the reason that (State the reason why said form of executive clemency, or said
period, or said date certain, is being recommended).
"We, the undersigned Chairman and Members of the Board of Pardons and Parole,
hereby certify that after meeting and due deliberation, we have determined that there
exist circumstances such that the strict application of the law will result in manifest
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injustice in the case(s) of the individual(s) mentioned above and that said individual(s)
deserve the grant of executive clemency by the President."
Where majority of the sitting members in favor of recommending the grant of executive
clemency, the vote of any dissenting member and the reasons therefore shall be stated
in the resolution of the Board.
SECTION 19. Supporting Documents. — The Board shall submit all relevant documents
to the Office of the President along with its resolution recommending the grant of
executive clemency, including the following documents:
i. Name;
ii. Crime for which convicted;
iii. Penalty imposed;
iv. Actual time spent in prison (not including good Conduct Time Allowance
v. If recommended for commutation:
(a) Recommended commuted term;
(b) Time to be served without commutation;
(c) Time to be served with commutation;
(a) Convicted (prior or subsequent to conviction of crime for which executive clemency
is sought) for Kidnap for Ransom or any drug-related offense; and
The Office of the President shall not act upon any recommendation for executive
clemency from the Board unless all supporting documents enumerated above have
been submitted.
The Board shall send a copy of said document to the prisoner, through the Director of
the Bureau of Correction or Warden of the jail where he is confined.
To assist the Board in monitoring compliance with the conditions imposed upon the
prisoner granted conditional pardon, the Board shall place the prisoner under the
supervision of a Probation and Parole Officer.
SECTION 23. Presentation to Probation and Parole Officer. — Within the period
prescribed in the document evidencing the President's grant of executive clemency, the
prisoner shall present himself to the Probation and Parole Officer concerned. The
Probation and Parole Officer shall inform the Board if the prisoner fails to report within
forty five (45) days from the date of his release from confinement.
SECTION 24. Arrival Report. — The Probation and Parole Officer shall submit his Arrival
Report to the Board, through the Technical Service of the Parole and Probation
Administration, within fifteen (15) working days from the date when the pardonee
reported for supervision.
SECTION 25. Infraction and Progress Report. — If a prisoner granted conditional pardon
violates any of the conditions thereof or seriously deviates from the obligations imposed
under the supervision program or otherwise commits another offense during the period
of his supervision, the Probation and Parole Officer concerned shall immediately report
the same to the Board and shall periodically submit a Progress Report as regards the
case filed against him.
SECTION 27. Summary Report. — Upon the expiration of the period stated in the
document evidencing the President's grant of executive clemency, the Probation and
Parole Officer concerned shall submit to the Board, through the Chief Probation and
Parole Officer, a Summary Report on his supervision of the prisoner.
The clearances from the police, court, prosecutor's office and barangay officials shall be
attached to the Summary Report.
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SECTION 28. Certificate of Final Release and Discharge. — Upon receipt of the Summary
Report, the Board shall, upon the recommendation of the Chief Probation and Parole
Officer that the prisoner granted conditional parlor has complied with all the conditions
of his pardon, issue a Certificate of Final Release and Discharge.
SECTION 29. Transmittal of Certificate of Final Release and Discharge. — The Board
shall forward a certified true copy of the Certificate of Final Release and Discharge to the
prisoner granted conditional pardon, the Court which imposed the sentence, the
Probation and Parole Officer concerned, the Bureau of Corrections, the National Bureau
of Investigation, the Philippine National Police, and the Office of the President.
* SECTION 31. Grant of Pardon to an Alien. — An alien who is released on pardon shall
be referred by the Bureau of Corrections/Warden to the Bureau of Immigration for
disposition, documentation and appropriate action.
SECTION 34. Effectivity Clause. — These Amended Guidelines shall take effect upon
approval by the Secretary of Justice and fifteen (15) days after its publication in a
newspaper of general circulation.
Published in The Manila Times and in The Philippine Star on March 13, 2006.