EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY- refers to Reprieve, Absolute Pardon, Conditional Pardon & Commutation of
Sentence, as maybe granted by the President upon recommendation of the BPP.

 Is a Presidential prerogative extended to prisoners as an act of mercy.

PLENARY POWER OF THE PRESIDENT TO GRANT EXECUTIVE CLEMENCY:

Under Section 19, Article VII of the Constitution, except in cases of impeachment or as otherwise provided therein,
the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by
final judgment. Executive clemency rests exclusively within the sound discretion of the President, and is exercised
with the objective of preventing a miscarriage of justice or correcting a manifest injustice.

Remission of fines and forfeitures entails non-collection of money or property lawfully adjudged but it does not have
the effect of returning property already in the legal possession of the government or a third person.

(Impeachable Officials: President, V-President, Justices of the Supreme Court, Ombudsman, and Members of the
Constitutional Commission-COMELEC, CSC, COA)

• At least 1/3 of all members of the house to affirm a favorable resolution of Articles of Impeachment.
• No person shall be convicted w/o the concurrence of the 2/3 of all the members of the Senate.

BPP - Board of Pardons & Parole

 BPP is an agency under the DOJ was created pursuant to Sec.3 of Act No. 4103.
 In-charge with the release of sentenced prisoners based on the modes specified by law.
 Its actions and proceedings are governed by the provisions of Sec. 4 of Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended, and E.O. No. 292, series of 1987, otherwise known as
The Administrative Code of 1987.

ACT NO. 4103- INDETERMINATE SENTENCE LAW- Approved on December 5, 1933

SCOPE OF AUTHORITY OF THE BPP:

 The Board (BPP) may consider the case of a prisoner for executive clemency or parole only after his case has
become final and executory.
 It will not take action on the petition of a prisoner who has a pending criminal case in court or when his case is
on appeal.

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.

EXTRAORDINARY CIRCUMSTANCES:

The Board shall recommend to the President the grant of executive clemency when any of the following
extraordinary circumstances are present: (Sec. 3, Resolution no. OT-11-02-12, amendments to the existing rules on
parole and the existing amended guidelines for recommending executive clemency, Feb. 9, 2012)

 The trial court or appellate court in its decision recommended the grant of executive clemency for the inmate;
 Evidence which the court failed to consider, before conviction, which would have justified an acquittal of the
accused;
 When an inmate suffer from serious, contagious, or life-threatening illness/disease or with severe physical
disability, such as those who are totally blind, paralyzed, bedridden, etc. as recommended under oath by a
physician of the BUCOR Hospital & certified under oath by a physician designated by the DOH;
 Alien inmates where diplomatic considerations and amity among nations necessitates review; and
 Such other similar or analogous circumstances whenever the interest or justice will be served thereby.

THE BOARD UNDERTAKES THE FOLLOWING:

 Looks into the physical, mental and moral records of prisoners who are eligible for parole or any form of
executive clemency and determines the proper time of release of such prisoners on parole;
 Assists in the full rehabilitation of individuals on parole or those under conditional pardon with parole conditions,
by way of parole supervision; and
  Recommends to the President of the Philippines the grant of any form of executive clemency to prisoners other
than those entitled to parole.

PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY:

 Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a period of one
(1) year from the date or their last recommitment to prison or conviction for evasion of service of sentence.

PARDON

PARDON-is a form of executive clemency granted by the President as a privilege extended to convicts as a
discretionary act of grace.

 Neither the legislative nor the judiciary branch of the gov't has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative.
 Highly political in nature and is usually granted in response to popular clamor or to aid in the return to
normalcy of a political situation that might affect the country if not addressed.

WHAT ARE THE CONSTITUTIONAL LIMITATIONS ON THE GRANT OF PARDON?

Section 19, Article VII of the 1987 Philippine Constitution provides that the President, except in cases of
impeachment or as otherwise provided therein, may grant reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction by final judgment;

In accordance with the above-cited constitutional provision, the President has the plenary power to grant
executive clemency, except on the following three (3) constitutional limitations, to wit:

1. In cases of impeachment;
2. In cases involving violation of election laws, rules and regulations as provided for in Section 5, Paragraph C,
Article IX of the 1987 Philippine Constitution without the favorable recommendation of the Commission on
Elections; and
3. In cases where the conviction is on appeal or has not become final and executory.

TWO (2) KINDS OF PARDONS IN THE PHILIPPINES:

1. ABSOLUTE PARDON:

ABSOLUTE PARDON- refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition.
 It looks forward and relieves the offender from the consequences of an offense.
 It restores to the individual his civil and political rights and remits the penalty imposed for the particular
offense of which he was convicted.
 It is granted by the President upon the recommendation of the BPP through the DOJ Secretary.
 Pardon shall not work restoration the right to hold public office or the right to suffrage, unless such
rights be expressly restored by the terms of the pardon”. (Art 36, RPC)
 A pardon shall in no case exempt the culprit from the payment of civil indemnity”. (Art 36, RPC)

“Indemnity means compensation in money or property for a loss suffered. It also means a contract to
save another from the legal consequences of the conduct of one of the parties or of a third person. It is
an agreement whereby one party agrees to secure another against an anticipated loss or damage. (For
example, in the Philippines, a rape victim may be ordered to receive a civil indemnity from the
accused)”.

WHEN A CONVICT MAY FILE 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.
PETITION FOR ABSOLUTE PARDON SHALL BE ACCOMPANIED BY:

 Affidavit of at least two (2) responsible member of the community where the petitioner resides. The Affidavit
shall state that the petitioner has conducted himself in a moral & law abiding manner since his release from
prison & indicate the petitioner’s occupation and the community service he has rendered, if any.
 Clearances from Police, Court & Prosecutor from place where he resides.

REFERRAL OF PETITION FOR ABSOLUTE PARDON TO PROBATION AND PAROLE OFFICER:

 Upon receipt of a petition for absolute pardon, the Board shall refer the petition to a Probation and Parole
Officer who shall conduct an investigation on the conduct and activities, as well as the social and economic
conditions, of the petitioner prior to his conviction and since his release from prison and submit a report thereof
within fifteen (15) days from receipt of the referral.

2. CONDITIONAL PARDON:

CONDITIONAL PARDON- refers to the exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his
criminal liability.

 It is granted by the president to release an inmate who has reformed but is not illegible for parole.
 It has the nature of a contract in w/c a pardonee agrees to strictly comply w/ the conditions imposed by
the pardon, otherwise, violations of the conditions will revoke the contract & the pardonee will be
criminally prosecuted as a violator.
 It has no force until accepted by the convicted person.
 Pardon violator will be liable for imprisonment of prision correctional (Art.95, RPC), but if the unexpired
portion of the original sentence of the pardonee exceeds six (6) yrs, then this more than six yrs of
pardoned sentence will have to be fully served by the recommitted pardon violator (Art.159, RPC).

WHO MAY FILE A PETITION FOR CONDITIONAL PARDON?

 For Conditional Pardon, an inmate should have served at least one-half (1/2) of the maximum of the original
indeterminate and/or definite prison term. (As amended by Board Resolution No. 24-4-10 dated April 13,
2010).

“Compliance with the above-mentioned periods of imprisonment shall be without prejudice to the results of
publication, community interview, pre-executive clemency investigation report, institutional conduct, NBI
records check, psychological test, notices, comments from the victim or victims relatives, court certifications of
the non-existence of any record of pending appeal or case, and other pertinent documents and factors.”

RA 10592 (IRR)- AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF RPC, AS AMENDED.

Article 29 of the RPC, as amended, is hereby further amended to read as follows:

Art. 29. Period of preventive imprisonment deducted from term of imprisonment:
“Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted
prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily;
"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths (4/5) of the time during which he has
undergone preventive imprisonment."

Article 97 of the RPC, as amended, is hereby further amended to read as follows:

Allowance for good conduct:

“The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:
Good Conduct Time Allowance (GCTA) Deductions:

Art.97
Period RA 10592

1st yr to 2nd yr 20 days/month

3rd yr to 5th yr 23 days/month
6th yr to 10th yr 25 days/month
11th yr onwards 30 days/month

Time Allowance for Study, Teaching and Mentoring

At any time during the period of imprisonment, an accused or prisoner convicted by final judgment shall
be allowed, in addition to GCTA, another deduction of fifteen (15) days for each month of his time rendered for:
Study; Teaching; or Mentoring Service.

Article 98 of the RPC, as amended, is hereby further amended to read as follows:

“ART. 98. Special time allowance for loyalty:

“A deduction of one-fifth (1/5) of the period of his sentence shall be granted to any prisoner who, having
evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths (2/5) of the period
of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this Code.”
“This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.”

Who Grants Time Allowances?

Director of BuCor, Chief of the BJMP, and/or Wardens of Provincial, District or Municipal Jails.

“An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.”

“Once granted by authorized official shall not be revoked.”

TRANSMITTAL OF CARPETA AND PRISON RECORD:

 The Director or Warden concerned shall forward the prison record and carpeta of prisoners who may possibly
qualify for Executive Clemency for evaluation/consideration

Carpeta refers to institutional record of an inmate w/c consists of his mittimus or commitment order issued by
the court after conviction, the prosecutor’s information and the decision of the trial court & the appellate court,
if any; certificate of non-appeal, certificate of detention & other pertinent records of the case

Prison record refers to information concerning an inmate’s personal circumstances, the offense he committed,
the sentence imposed, the criminal case number in trial & appellate courts, the date he commended serving his
sentence, date he was received for confinement, place of confinement, the date of expiration of sentence, the
number of previous convictions, if any, and his behavior while in prison

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.

COMMUTATION OF SENTENCE
(Resolution no. Ot-11-02-12 : amendments to the existing rules on parole and the existing amended guidelines for
recommending executive clemency)

COMMUTATION OF SENTENCE- refers to the reduction of the duration of a prison sentence of a prisoner, or a
substitution of a lesser penalty.

 Is another form of executive clemency in which the duration of prison sentence or penalty is being reduced.
 It does not forgive the offender but merely reduces the penalty.
 Heavier or longer sentence is being reduced to a lighter or shorter term.
 Applicable to convicts sentenced to fixed or determinate sentence (e.g. Life imprisonment or Death).
  Changes the original fixed sentence to indeterminate sentence which will then help enable the beneficiary to
avail the parole.
 Also, appropriate to use those convicted of several counts in which the sentence may be commuted to a single
indeterminate sentence which will then help the recipient to avail of parole after serving the minimum sentence.

WHO MAY FILE PETITION FOR COMMUTATION OF SENTENCE?

Other Circumstances: When none of the extraordinary circumstances enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the President the grant of executive clemency to an inmate provided the
inmate meets the following minimum requirements of imprisonment:

 Petitioner must have served at least 1/3 of the definite or aggregate prison terms;
 At least ½ of the minimum of the indeterminate prison term or aggregate minimum of the indeterminate prison
terms;
 At least 10 yrs for inmates sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under RA 7659 & other Special Laws;
 At least 13 years for inmates whose indeterminate and / or definite prison terms were adjusted to a definite
prison term of 40 years in accordance with the provisions of art 70 of the RPC, as amended;
 At least 15 years for inmates convicted of heinous crimes/ offenses as define by RA 7659 or other special laws
committed after Jan 1, 1994 and sentenced to 1 reclusion perpetua or 1 life imprisonment;
 At least 18 years for inmates convicted and sentenced to reclusion or life imprisonment for violation of RA 6425
or RA 9165 and for kidnapping for ransom or violation of the laws on terrorism, plunder and transnational
crimes.
 At least 20 yrs for inmates sentenced to two (2) or more Reclusion Perpetua or Life Imprisonment even if their
sentences were adjusted to a definite prison term of forty (40) yrs in accordance w/ the provisions of Art. 70 of
RPC, as amended; and
 At least 25 yrs for inmates originally sentenced to death penalty but which was automatically reduced or
commuted to reclusion perpetua or life imprisonment

REPRIEVE

REPRIEVE- refers to the deferment of the implementation of the sentence for an interval of time.

 It does not annul the sentence but merely postpones or suspends its execution;
 Generally, it is applied to DEATH SENTENCES already affirmed by the Supreme Court.
 It is another prerogative exercised by the President of the Philippines.
 The President can also exercise reprieve when the sentence has become final.
 The execution of sentence is temporarily postponed indefinitely to enable the Chief Executive to study the
petition of a convict for commutation of sentence or pardon.
 It is usually resorted by the President in order to resolve all his doubts and reservations and want really to
establish that the convict truly deserve to be executed.

INTERVIEW OF PRISONERS:

 Any Board member or government official authorized by the Board may interview prisoners confined in prison or
jail to determine whether or not they may be released on parole or recommended for executive clemency.

 The Board or its authorized representatives shall interview an inmate who was sentenced to Reclusion Perpetua
or Life imprisonment, or whose sentence had been commuted from Death to Reclusion Perpetua.

 Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under Republic
Act No. 7659 and other special laws to undergo psychological/psychiatric examination if the prisoner has a
history of mental instability, or in any case, if the Board finds a need for such examination in the light of the
nature of the offense committed or manner of its commission.

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:
 a. To the Commission on Elections, if it involves violations of election laws, rules and regulations, as
required by Sec. 5, Art. IX-C of the Constitution which provides that no pardon, amnesty, parole, or
suspension of sentence for violation of election laws, rules and regulations shall be granted by the
President without the favorable recommendation of the Commission on Elections;
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
c. To the Department of Foreign Affairs, if the prisoner is an alien.

NOTICE TO OFFENDED PARTY:

 In all cases when the inmate is being considered for executive clemency, the Board shall notify 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 shall be given 30 days from notice to comment on whether or not executive clemency may be
granted to an inmate.
 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 notice in the Board resolution recommending executive clemency.

PUBLICATION OF NAMES OF THOSE BEING CONSIDERED FOR EXECUTIVE CLEMENCY:

 The Board shall cause the publication once in a newspaper of national circulation the names of inmates who are
being considered for executive clemency.
 Provided, however, that in cases of those convicted of offenses punished with reclusion perpetua or life
imprisonment by reason of RA 9436, publication shall be once a week for 3 consecutive weeks.
 Any interested party may send to the Board written objection/comments/information relevant to the cases of
inmates being considered for executive clemency not later than 30 days from date of publication.
 Provided that, in matters of extreme urgency or when the interest of justice will be served thereby, above
publication may be waived or dispensed with. In such cases, the Board shall explain the reason for the waiver of
such publication in the Board resolution recommending executive clemency.”

OPPOSITION TO GRANT OF EXECUTIVE CLEMENCY:

 When an opposition to the grant of executive clemency is filed, the Board shall seriously consider the same and
may, in its discretion, require the oppositor to submit supporting evidence.
 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.

BOARD RECOMMENDATION, RESOLUTION AND CERTIFICATION:

 At least majority of the sitting members of the Board shall be necessary to recommend the grant of executive
clemency. Said recommendation shall be contained in a resolution of the Board to be submitted to the Office of
the President,
 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 individual(s), 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, state the reason
why said form of executive clemency, or said period, or said date certain, is being recommended.

IMPLEMENTATION OF PRESIDENT’S GRANT OF EXECUTIVE CLEMENCY:

 From the Office of the President, the document evidencing the president’s grant of executive clemency shall be
sent to the prisoner, through the director of the Bureau of Corrections or the warden of the jail where the
prisoner is confined, copy of which shall be furnished the board.
 Upon receipt, the director or warden shall immediately implement the grant of executive clemency.”

CERTIFICATE OF RELEASE:

In case of grant of pardon, the Director or Warden shall, on the date of release:

 Read to the prisoner the conditions of pardon in the language or dialect known to him or her;
 Make known to the prisoner the consequences of violating such conditions; and
  Require the prisoner to acknowledge acceptance of such conditions as a pre-requisite to actual release.
“Once accepted, the Director or Warden shall issue in favor of the prisoner a “certificate of
discharge from prison”, which shall include a recital of the conditions of the grant of pardon
& the consequences of non-compliance therewith, a copy of which shall be furnished the Board.”

PRESENTATION TO PROBATION AND PAROLE OFFICER:

 Within the period prescribed in the document evidencing the President’s grant of executive clemency, the
PARDONEE shall present himself to the Probation and Parole Officer shall inform the Board if the PARDONEE
fails to report within FIFTEEN (15) days from the date of his release from confinement.

INFRACTION AND PROGRESS REPORT:

 If a PARDONEE violates any of the conditions of his pardon 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.

MONITORING OF COMPLIANCE WITH CONDITIONS OF PARDON:

 Where the President grants conditional pardon to a PARDONEE, the Board shall monitor the PARDONEE’S
compliance with the conditions imposed for the duration of the period stated in the document evidencing the
President’s grant of executive clemency. The Board shall also determine whether said PARDONEE has complied
with or violated the conditions of his pardon. To assist the Board in monitoring compliance with the conditions
imposed upon the PARDONEE, the Board shall place the PARDONEE under the supervision of a Probation and
Parole Officer.

RECOMMENDATION FOR ARREST OF PARDONEE FOR VIOLATION OF CONDITIONS OF PARDON:

 Upon determination that a PARDONEE has violated the conditions thereof, the Board shall recommend to the
President his arrest or recommitment.

DEATH OF PARDONEE UNDER SUPERVISION:

 If a PARDONEE dies during the period of supervision, the Probation and Parole Officer shall immediately
transmit a certified true copy of the PARDONEE’S death certificate to the Board recommending the closing of
the case.
 However, in the absence of a death certificate, an affidavit narrating the circumstances of the fact of death from
the barangay chairman or any authorized officer or any immediate relative where the PARDONEE resided shall
suffice.

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 PARDONEE.
 The clearances from the police, court, prosecutor’s office and barangay officials shall be attached to the
Summary Report.

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 PARDONEE has complied with all the conditions of his pardon, issue a Certificate of
Final Release and Discharge.

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 PARDONEE,
the Probation and Parole Office concerned through the Technical Service of the Parole and Probation
Administration, the Court which imposed the sentence, the Bureau of Corrections, the National Bureau of
Investigation, the Philippine National Police, and the Office of the President.
 AMNESTY:

AMNESTY- Is a sovereign acts of oblivion for past acts granted by the government to a certain class of persons charge
or guilty of crime, usually political offenders and conditioned upon their return to obedience and duty within the
prescribed time.

It “Commonly denotes the general pardon to rebels for their treason and other high political offenses.”

While amnesty is the form of executive clemency generally granted to political offenders, this does not preclude the
President from extending individual pardons to the persons concerned.

 Looks backward and abolishes the offenses itself; it so overlooks and obliterates the offense with which he is
charged that the person released by amnesty stands before the law precisely as though he had committed no
offense.
 Can be granted by the Chief executive with the concurrence of the majority of all the members of the Congress.
 May be granted even before trial or during investigation, a conviction is not necessary.
 The purpose of amnesty is to hasten a country’s return to political normalcy by putting behind it the animosities
of the past through a pardon that will open the door to living normal lives for group of people targeted by the
amnesty who were once involved in political activities in certain troubled times like war or rebellion and by
making the gesture of the state forgetting past destructive activities of political dissidents or rebels and allowing
them to live normal lives.
 The extinguishment of criminal liability is without prejudice to civil liability for injuries or damages caused to
private persons.

WHERE TO FILE A PETITION FOR EXECUTIVE CLEMENCY?

 A formal petition for executive clemency shall be sent to:

“The President of the Philippines

Thru: The Chairman
Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue,
Diliman, Quezon City”