CvSU Mission

The Cavite State University shall provide

CvSU Vision
The premier university in historic
Cavite recognized for excellence in
the development of globally
competitive and morally upright
individuals
Republic of the Philippines
CAVITE STATE UNIVERSITY
Don Severino de las Alas Campus
Indang, Cavite
 (046) 4150-010
www.cvsu.edu.ph
excellent, equitable and relevant educational
opportunities in the arts, sciences and
technology through quality instruction,
responsive research and development activities.
It shall produce professional, skilled and
morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

CRIMINAL PROCEDURE AND COURT TESTIMONY

CHAPTER 9

PROCEEDINGS AFTER FINALITY OF JUDGMENT

TOPIC:

i. Pardon
ii. Parole
iii. Amnesty
iv. Commutation of Sentence
v. Suspension of Sentence
vi. Service of Penalties/ Service of Sentence

OVERVIEW:

This module is about proceedings AFTER the finality of Judgment.

OBJECTIVES:

After completing this module you will be able to know the procedures AFTER the
finality of judgment.

DISCUSSION:

PARDON

ARTICLE VII
EXECUTIVE DEPARTMENT 1987 CONSTITUTION

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.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.
➢ Definition

Pardon is an act of grace proceeding from the power entrusted with the execution of the laws,
which exempts the individual on whom it is bestowed, from the punishment which the law
inflicts for a crime he has committed. It is the private through official act of the executive
magistrate delivered to the individual for whose benefit it is intended. (De Leon v. Director of
Prison 31 Phil. 64).

➢ Kinds

A pardon may be general, applying to all persons falling within a certain category, or it may
be to a single individual for an ordinary crime, in which later case it is a special pardon, and is
evidenced by a writing, the acceptance of which is necessary in order it may become effectual.
(Villa v. Allen, 2 Phil. 440)

NOTE: Absolute pardon removes all disabilities resulting from conviction.

PAROLE
RESOLUTION NO. 24-4-10

RE: Amending and Repealing Certain Rules and Sections of the Rules on Parole and
Amended Guidelines for Recommending Executive Clemency of the 2006 Revise
Manual of the Board of Pardons and Parole

➢ Eligibility
"RULE 2.1. Eligibility for Review of A Parole Case - an inmate's case may be eligible for
review by the board provided:

a. Inmate is serving an indeterminate sentence the maximum period of which exceeds

one (1) year;
b. Inmate has served the minimum period of the indeterminate sentence;
c. Inmate's conviction is final and executor;
In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets
at the same time.
d. Inmate has no pending criminal case; and
e. Inmate is serving sentence in the national penitentiary, unless the confinement of
said inmate in a municipal, city, district or provincial jail is justified.

A national inmate, for purposes of these Rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or
regardless of the length of sentence imposed by the Court, to one sentenced for violation of the
customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by
it, or to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the
period of three (3) years."
➢ Disqualified

"RULE 2.2. Disqualifications for Parole - Pursuant to Section 2 of Act No. 4103, as amended,
otherwise known as the "Indeterminate Sentence Law", parole shall not be granted to the
following inmates:

a. Those convicted of offenses punished with death penalty of life imprisonment;

b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;

c. Those convicted of misprision treason, rebellion, sedition or coup d' etat;

d. Those convicted of piracy or mutiny on the high seas or Philippine waters;

e. Those who are habitual delinquents, i.e., those who, within a period of ten (10) years
from the date of release from prison or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, and falsification, are found guilty of any of
said crimes a third time or oftener;

f. Those who escaped from confinement or evaded sentence;

g. Those who having been granted conditional pardon by the President of the Philippines
shall have violated any of the terms thereof;

h. Those whose maximum term of imprisonment does not exceed one (1) year or those
with definite sentence;

i. Those convicted of offenses punished with reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of Republic Act No. 9346 enacted on June 24,
2006, amending Republic Act No. 7659 dated January 1, 2004; and

j. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."

➢ Extraordinary Circumstances

"SECTION 3. Extraordinary Circumstances - The Board shall recommend to the President

the grant of executive clemency when any of the following extraordinary circumstances are
present:

a. The trial court or appellate court in its decision recommended the grant of executive
clemency for the inmate;
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. Inmates who were over fifteen (15) years but under eighteen (18) years of age at
the time of the commission of the offense;
d. Inmates who are seventy (70) years old and above whose continued imprisonment is
inimical to their health as recommended by a physician of the Bureau of Corrections
 Hospital and certified under oath by a physician designated by the Department of
Health;
e. Inmates who 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 by a physician of the Bureau of Corrections Hospital
and certified under oath by a physician designated by the Department of Health;
f. Alien inmates where diplomatic considerations and amity among nations necessitate
review; and
g. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby."

AMNESTY

PROCLAMATION NO. 347

GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL OTHER PERSONS
WHO HAVE OR MAY HAVE COMMITTED CRIMES AGAINST PUBLIC ORDER,
OTHER CRIMES COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A NATIONAL
AMNESTY COMMISSION

Section 1. Grant of Amnesty. – Amnesty is hereby granted to all persons who shall apply
therefor and who have or may have committed crimes, on or before thirty (30) days following
the publication of this Proclamation in two (2) newspapers of general circulation, in pursuit of
political beliefs, whether punishable under the Revised Penal Code or special laws, including
but not limited to the following: rebellion or insurrection; coup d’etat; conspiracy and proposal
to commit rebellion, insurrection or coup d’etat; disloyalty of public officers or employees;
inciting to rebellion or insurrection; sedition; conspiracy to commit sedition; inciting to
sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance and
disobedience to a person in authority or the agents of such person; tumults and other
disturbances of public order; unlawful use of means of publication and unlawful utterances;
alarms and scandals; illegal possession of firearms, ammunition or explosives, committed in
furtherance of, incident to, or in connection with the crimes of rebellion or insurrection and
violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68
(failure to suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer
and a gentlemen), and 97 (general article) of the Articles of War; Provided, that the amnesty
shall not cover crimes against chastity and other crimes committed for personal ends.

COMMUTATION OF SENTENCE

ACT No. 3815 (December 8, 1930)

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
Preliminary Article - This law shall be known as "The Revised Penal Code."
BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE,
AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE
PENALTIES

Article 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 of the
time during which he has undergone preventive imprisonment. (As amended by Republic Act
6127, June 17, 1970).

Whenever an accused has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review. In
case the maximum penalty to which the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July
10, 1988).

SUSPENSION OF SENTENCE

A.M. No. 02-1-18-SC November 24, 2009

RULE ON JUVENILES IN CONFLICT WITH THE LAW

Section 48. Automatic Suspension of Sentence and Disposition Orders. - If the child is found
guilty of the offense charged, the court, instead of executing the judgments of conviction, shall
palce the child in conflict with the law under suspended sentence, without need of application.
Suspension of sentence can be availed of even if the child is already eighteen years (18) of age
or more but not above twenty-one (21) years old, at the time of the pronouncement of guilt,
without prejudice to the child's availing of other benefits such as probation, if qualified, or
adjustment of penalty, in interest of justice.

The benefits of the suspended sentence shall not apply to a child in conflict with the law who
has once enjoyed suspension of sentence, but shall nonetheless apply to one who is convicted
of an offense punishable by reclusion perpetua or life imprisonment pursuant to the provisions
of Rep. Act No. 9346 prohibiting the imposition of the death penalty and in lieu thereof,
reclusion perpetua, and after application of the privileged mitigating circumstance of minority.

If the child in conflict with the law reaches eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with the
provisions of Republic Act 9344, or to extend the suspended sentence for a maximum period
of up to the time the child reaches twenty-one (21) years of age, or to order service of sentence.

REVISED PENAL CODE

Art. 79. Suspension of the execution and service of the penalties in case of insanity. — When
a convict shall become insane or an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance number 1 of Article 12 being observed in
the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the
penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility
occurs while the convict is serving his sentence.

SERVICE OF PENALTIES/ SERVICE OF SENTENCE

Chapter Five
EXECUTION AND SERVICE OF PENALTIES REVISED PENAL CODE
Section One. — General Provisions

Art. 78. When and how a penalty is to be executed. — No penalty shall be executed except by
virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any
other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government
of the institutions in which the penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its performance, and other incidents
connected therewith, the relations of the convicts among themselves and other persons, the
relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or
at least into different departments and also for the correction and reform of the convicts.

Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor.— The penalties of reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which may be provided by law
in the future.

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the
place or places designated in the sentence, nor within the radius therein specified, which shall
be not more than 250 and not less than 25 kilometers from the place designated.
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail,
or in the house of the defendant himself under the surveillance of an officer of the law, when
the court so provides in its decision, taking into consideration the health of the offender and
other reasons which may seem satisfactory to it.

REFERENCES

• Criminal Procedure: The Bar Lecture Series, Williard B. Riano

• Criminal Procedure: A Comprehensive Approach for the Bench and the Bar,
Ferdinand A. Tan

Prepared by:

Atty. TRIXIA THERESA R. PILAPIL

Atty. AUREA ELEIN M. MONTALLA