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SLM4
Learning Outcomes
Intended Students should be able to meet the following intended learning outcomes:
Learning Differentiate the Other types of Non-Institutional Corrections.
Outcomes Understand the coverage of Pardon, Commutation of Sentence, Amnesty, and
Reprieve.
Identify the Laws and/or Acts involved in each program.
Targets/ At the end of the lesson, students should be able to:
Objectives Discuss and fully understand the process of Pardon, Commutation of Sentence,
Amnesty, and Reprieve from its application until its termination.
The online discussion will happen on June ____, 2021 from ______-_____
P.M, and on June ____, 2021 from ______-______ P.M.
(For further instructions, refer to your Google Classroom and see the
schedule of activities for this module)
Note: The insight that you will post on online discussion forum using Learning Management
System (LMS) will receive additional scores in class participation.
Offline Activities
(e-Learning/Self- Lecture Guide
Paced)
OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS
EXECUTIVE CLEMENCY
- Collective term for absolute pardon, conditional pardon, reprieve,
amnesty and commutation of sentence.
PARDON
- 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 that the law inflicts for a crime he has committed; pardoning
power is exercised by the President.
History of Pardon
The exercise of the pardoning power has always been vested in the
hands of the executive branch of the government, whether King, Queen,
President or Governor. Pardons dates back to the pre-Christian era. In fact the
bible contains an illusion where a criminal was released and pardoned by the
King at the time Christ was crucified.
In England, pardon was developed out of the conflict between the King
and the Nobles who threatened their powers. Pardon was applied to members
of the Royal family who committed crimes, and occasionally to those convicted
or offenses against the royal power. It was the general view that the pardoning
power was the exclusive prerogative of the King. In England today the power to
extend pardon is vested in the Queen upon advice of the Minister of the
Interior.
In the United States, pardoning among the early American colonists was
a carry-over of the English practice. The pardoning power was exercised by the
Royal governor through the power delegated by the King. After the declaration
of Independence, the Federal and state constitutions vested the pardoning
power on the President of the United States and the Governor in federal and
state cases, respectively.
In the Philippines, the Jones Law Section 21 stated that “the Governor
General of the Philippine Islands is vested with the power to grant pardons and
reprieves and remit fines and forfeiture.” Currently, the pardoning power is
vested in the Prime Minister by Article IX, Section 14 of the Philippine
Constitution which states:
“The Prime Minister shall have the power to grant reprieves, commutations, and
pardons, and remit fine and forfeitures, after convictions for all offenses, except
cases of Impeachment, upon such conditions and with such restrictions and
limitations as he may deem proper to impose. He shall have the power to grant
amnesty with the concurrence of the Congress.”
KINDS OF PARDON
The greatest number of application for absolute pardon come from ex-
prisoners who desire to be restored their political and civil rights. In the
Philippines, the Office of the President laid down the policy to grant absolute
pardon to ex-prisoners ten years from the date of their release from prison.
Recently the policy was relaxed, thereby shortening the waiting period of five
years. The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.
The case where the Supreme Court laid down the doctrine that the
absolute pardon removes all that is left of the consequences of conviction,
and that it is absolute in so far it restores the pardonee to full civil political
right.
2. Conditional Pardon
EFFECTS OF PARDON
1. It removes penalties and disabilities and restores full civil and political
rights.
2. It does not discharge the civil liability of the convict to the individual he
has wronged, as the President has no power to pardon a private wrong.
3. It does not restore offices, property or rights vested in others in
consequence of the conviction. Under our law, a pardon shall not work
the restoration of the right to hold public office or the right of suffrage
unless such rights be expressly restored by the terms of the pardon.
He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence:
-At least two (2) years of the minimum sentence if convicted of Murder or
Parricide but not sentenced to Reclusion Perpetua.
-At least one (1) year of the minimum sentence if convicted of Homicide.
At least nine (9) months if convicted of Frustrated Homicide.
-At least six (6) months if convicted of Attempted Homicide.
CONDITIONS OF PARDON
a. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining the
consent of the Board of Pardons and Parole. If the parolee or pardonee
leaves the parole jurisdiction temporarily, he needs not get the
permission of the Board, although he may so inform his parole officer
(Municipal Judge) of his whereabouts.
b. That he shall report to the Municipal Judge (of the town where he will
reside) or to such officer as may be designated by the Executive Officer
of the Board of Pardons and Parole during the first year once a month
and, thereafter, once every two months or as often as he may be
required by said officer.
c. That he shall not indulge in any injurious or vicious habits, and shall
COMMUTATION OF SENTENCE
-Reduction of lowering, shortening of sentence.
-An executive clemency changing a heavier sentence to a less serious one, or a
longer prison term to a shorter one.
-Granted by the president with the recommendation of the BPP.
-Granted after conviction but do not erase the fact of conviction of the person.
-Granted with condition of maintaining good behavior.
He must have served at least one third (1/3) of the minimum of his
indeterminate sentence or the following portions of his prison sentence
consisting of Reclusion Perpetua:
-At least ten (10) years if convicted of Robbery with Homicide, Robbery with
Rape, or Kidnapping with Murder.
-At least eight (8) years if convicted of Simple Murder, Parricide, Rape or
Violation of anti-drug laws.
-At least twelve (12) years if given two or more sentences of Reclusion
Perpetua.
REPRIEVE
AMNESTY
-An act of the sovereign power granting oblivion or general pardon for a past
offense usually granted in favor of certain classes of persons who have
committed crimes of a political character, such as treason, sedition or
rebellion.
-Also known as General Pardon or Blanket Pardon.
-Forgiveness which one sovereign grant to the subjects of another, who have
offended by some breach of the law of nations.
1. Proclamation No. 75 made clear that the amnesty “shall not cover
rape, acts of torture, crimes against chastity and other crimes
committed for personal ends”.
EFFECTS OF AMNESTY
Act No. 2489, otherwise known as the Industrial Good Time Law,
provides that when a prisoner has been classified as trusty or penal colonists,
he is given an additional 5 days’ time allowance for every month of service.
A prisoner serving life sentence has his sentence automatically reduced to 30
years of imprisonment upon attaining the classification of trusty or penal
colonists.
Performance Tasks
PT 1
Directions: Choose two of the Powers of Chief Executive and explain them in 3-5 minute video. Use
English language in your discussion (15 pts.)
PT 2
Directions: In a yellow sheet of paper, enumerate the other types of Non-Institutional Corrections and
define them according to your understanding with at least 2-3 sentences. (15 pts.)
Name: Date:
Year and Sec.: Subject:
It does not have a Majority of required elements All required elements are
grasp of the are present. Is at ease with present. Demonstrate full
information and expected information to all knowledge by presenting
cannot answer the needed elements without information responsive to
questions about the elaboration. all elements with
subject. explanation and
While there may be minor elaboration.
It contains numerous errors, which it follows normal
Content &
errors. conventions throughout and The content is error-free
Substance
Plagiarism is has carefully proofread and develops a position
(15 pts)
disturbing in the based on evidence from
answers. Develops a position based on sources that consider
evidence from sources that multiple perspectives;
It does not develop a doesn’t consider multiple draws reasonable
position; no perspectives; draws somewhat conclusions.
conclusion evident. reasonable conclusions.
Learning Resources