Chapter 4

EXECUTIVE CLEMENCY AND

FUTURE OF CORRECTIONS
Overview
Clemency means leniency or mercy. A power given to a public official,
such as a governor or the President, in some way lower or moderate
the harshness of punishment imposed upon a prisoner. Clemency is
considered to be an act of grace. It is based on the policy of fairness,
and forgiveness. However, it is not a right but rather a privilege, and
one who is granted clemency does not have the crime forgotten, as in
amnesty, but is forgiven and treated more leniently for the criminal
acts.
Leniency- ito yung tinatawag naatin na AWA
Governor giving clemency is for example ng CALIFORNIA CONSTITUTION
& UNITED STATES CONSTITUTION where clemency is granted by a
GOVERNOR for state crimes and by a PRESIDENT in federal crimes

Federal state- is a political entity by a union of a partially self

governing provinces, states or other regions under a central federal
government.
Clemency is an Act of grace dahil it is vested on the president’s power
or repertoire
What is Repertoire?
- the complete list or supply of skills, devices, or ingredients used in a
particular field, occupation, or practice
Overview
Clemency means leniency or mercy. A power given to a public official,
such as a governor or the President, in some way lower or moderate
the harshness of punishment imposed upon a prisoner. Clemency is
considered to be an act of grace. It is based on the policy of fairness,
and forgiveness. However, it is not a right but rather a privilege, and
one who is granted clemency does not have the crime forgotten, as in
amnesty, but is forgiven and treated more leniently for the criminal
acts.

The Correctional System in the Philippines is composed of six agencies

under three distinct and separate departments of the national
government: The Department of Justice or DOJ; The Department of
Interior and Local Government or DILG; and the Department of Social
Welfare and Development or DSWD.
Leniency- ito yung tinatawag naatin na AWA
Governor giving clemency is for example ng CALIFORNIA CONSTITUTION
Clemency is an Act of grace dahil it is vested on the president’s power
or repertoire
What is Repertoire?
- the complete list or supply of skills, devices, or ingredients used in a
particular field, occupation, or practice
What is the function of Department of Justice?
- serves as the government's prosecution arm and administers the
government's criminal justice system by investigating crimes,
prosecuting offenders and overseeing the correctional system.
NOTE: THE BUCOR is under the DOJ and the BJMP is on the DILG
What is the role of Department of Interior and Local Government?
- promotes peace and order, ensures public safety, and strengthens
local government capability to effectively deliver basic services to the
citizenry.
What is the role of DSWD in the Philippine corrections system?
- supervises the regional rehabilitation centers for youth
offenders through the Bureau of Child and Youth Welfare.

What are the 5 major Departments of the Philippines?

Department of Health (DOH) - Its mandate is to develop national plans,

technical standards, and guidelines on health.

Department of Trade & Industry (DTI) - The DTI is the primary agency in
the promotion and development of MSMEs through the provision of
various assistance and interventions.

MSMEs- Ministry of Micro, Small & Medium Enterprises.

Department of Labor and Employment (DOLE) - To promote gainful
employment opportunities, develop human resources, protect workers
and promote their welfare, and maintain industrial peace.
Department of Justice (DOJ) - serves as the
government's prosecution arm and administers the
government's criminal justice system by investigating
crimes, prosecuting offenders and overseeing the
correctional system.

Department of the Interior & Local Government (DILG)

- promotes peace and order, ensures public safety,
and strengthens local government capability to
effectively deliver basic services to the citizenry.
 Department of the Interior &
Local Government
Department of Labor
& Employment Department of
Trade &
Industry

Department of Department
Justice of Health
General Objectives
1. Discuss the concept of Pardon
and other forms of Executive
Clemency; and
2. Discuss the future of Philippine
Corrections.
 Lesson 1
PARDON AND OTHER FORMS OF
EXECUTIVE CLEMENCY
Pre-discussion
The lesson tackles about pardon and other forms of
executive clemency. Pardon is a form of executive clemency
which is exercised by the Chief Executive. it is an act of grace
and the recipient of pardon is entitled to it as a matter if right.
The exercise of pardon is vested in the executive, is
discretionary and is not subject to review or judicial notice by
the court. Neither does the Legislative Branch of the
Government have the right to establish condition nor provide
procedures for the exercise of the same. Hence, it is
vulnerable for abuse by the executive.
However, other forms of executive clemency like amnesty - is
an act of grace given with the concurrence of Congress. It is
usually extended to groups of persons who committed
political offenses. It abolishes the offense itself. Commutation
of sentence - is the substitution of a lesser punishment for a
greater one. Finally, reprieve - the execution of the sentence
is stayed or postponed.

What to expect?
At the end of the lesson, the students can:
1. discuss the meaning of executive clemency;
2. compare and contrast the different forms of executive
clemency;
3. discuss the constitutional and statutory mandate of
executive clemency;
4. discuss executive clemency investigation process;
5. identify and discuss the qualification and procedures for
various types of executive clemency; and
6. discuss the amended guidelines for recommending
executive clemency.

Lesson Outline

Executive Clemency
The power of a president in state convictions, to pardon a
person convicted of a crime, commute the sentence (shorten
it, often to time already served), or reduce it from death to
another lesser sentence.
There are many reasons for exercising this power, including
real doubts about the guilt of the party, apparent excessive
sentence, humanitarian concerns such as illness of an aged
inmate, to clear the record of someone who has
demonstrated rehabilitation or public service, or because the
party is a political or personal friend of the governor.
It is an executive function and not a function of the judiciary.
It is also a non-delegable power and it can only exercise by
the President of the Philippines personally.

Shall refer to absolute Pardon, Conditional Pardon with or

without Parole conditions and Commutation of sentence as
may be granted by the President of the Philippines.
The President extends executive clemency for administrative
penalties. The Constitution makes no distinction with regard
to the extent of the pardoning power except with respect to
impeachment (Llamas, vs. Orbos, G.R. No. 99031, Oct. 15,
1991).
The Plenary Power of the President to grant
Executive Clemency
Executive Power under section 1 of Article VII, 1987
Philippine Constitution is defined as the power to enforce
and administer the laws, which means carrying them into
practical operation and enforcing their due observance.
The President shall ensure that laws are faithfully executed
(section 17, Article VII, 1987 Philippine Constitution).
Another mandated power of the President under the 1987
Philippine Constitution is the Pardoning Power. Pardon is the
act of grace by the Chief Executive exempting the individual
on whom it is bestowed from punishment which the law
inflicts for a crime he has committed. Pardon may be granted
only after conviction by final judgment.
Section 19 of Article VII of the 1987 Philippine Constitution
authorizes the President of the Republic of the Philippines to
grant not only pardon but also reprieve, commutation of
sentence, remission of fines and forfeitures, and amnesty. It
provides:
“Section19. Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant
reprieves, commutation, 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 Members of the Congress.”

Limitations on the Exercise of the Power

to Grant Pardon:
1. It cannot be granted in cases of impeachment

(Section 19, Article VII of the 1987 Constitution), an impeachment

proceeding is not judicial proceedings neither criminal prosecution and
therefore beyond the ambit of Pardoning power. But when the
government official is already impeached from his office and later on
charged and convicted criminally in an ordinary criminal action, the
President may extend pardon to him.
Impeachment – has been defined as a method of
national inquest into the conduct of public men.
2. It cannot be granted in cases of violation of election laws
without the favorable recommendation of the Commission on
Elections
(Section 5, Article IX (C) – this provision is a good guard for
the President in exercising this power in favor to her political
party mates who violated election laws for her to win the
presidency.
3. It can only be granted after conviction by final judgment
-There is no room for pardon when the case has not yet
reached its finality.
e.g. in the case of former President Estrada, his appeal from
the judgment of Sandiganbayan was withdrawn to make it
final and for him to avail the privilege of pardon.
4. It may not be exercised over civil contempt – (as for
refusing to answer a proper question when testify as a
witness in a case).
Civil contempt - the failure to do something ordered to be
done by a court or a judge for the benefit of the opposing
party
Ex. a party who refuses to turn over documents requested
during discovery.
Executive Clemency Investigation Process:
Upon referral from the Office of the President or upon
petition of the prisoner, the Board may act on his
case. A formal petition may be submitted to the Board
and should be addressed to:
The President of the Philippines
Through: The Chairman
Board of Pardons and Parole
Under the Rules and Regulations of the Board of
Pardons and Parole, “The Board may, however, motu
propio, consider cases for commutation of sentence
or the conditional pardon of deserving prisoners
whenever the interest of justice will be served
thereby.”
MOTU PROPIO - (Latin: “on one's own initiative”)
describes an official act taken without a formal
request from another party.
Petition for Absolute or Conditional Pardon shall be
endorsed to the Board by the Secretary of the
National Defense if the crime committed by the
prisoner is a crime against the national security.
REMEMBER : The current OIC of the National Defense
of the Philippines is Carlito Galvez Jr. as of January 9,
2023.
However, if it is a violation
against any of the crimes stated
in the Omnibus Election Code
or any of its rules and
regulations, then favorable
endorsement shall be done by
the Commission on Election.
What are the guidelines for recommending Executive Clemency?
The President has the power to grant Executive Clemency. The Board of
Pardons and Parole acts on the cases of prisoners upon his application
or referral by the Office of the President.
The following Extra Ordinary Circumstances shall be considered in the
grant of Executive Clemency (EC) (BPP Manual 2006, as amended by
Board Resolution No. 24-4-10 dated April 3, 2010, and further
amended by Board Resolution No. OT-11-12 dated February 9, 2012).
RESOLUTION NO. 24-4-10
- 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
What are the guidelines for recommending Executive Clemency?
The President has the power to grant Executive Clemency. The Board of
Pardons and Parole acts on the cases of prisoners upon his application
or referral by the Office of the President.
The following Extra Ordinary Circumstances shall be considered in the
grant of Executive Clemency (EC) (BPP Manual 2006, as amended by
Board Resolution No. 24-4-10 dated April 3, 2010, and further
amended by Board Resolution No. OT-11-12 dated February 9, 2012).

1. Recommendation granting EC for the prisoner given by the trial court

or appellate court;
2. Penalty imposed is too harsh;
3. Presence of material evidences which was not considered by the
court, which would have justified an acquittal of the accused, prior to
his/her conviction;
4. Inmate was a minor (over 15 but less than 18) at the time of the
commission of the offense;
5. Inmate is over 70 years old and above whose continued confinement
in prison is hazardous to his health;
6. Inmate is suffering from serious and contagious disease or life-
threatening illness, or with severe physical disability such as those who
are totally blind, paralyzed, bedridden, and the likes, as recommended
by a physician of the Bureau of Corrections Hospital and certified under
oath by a physician designated by the Department of Health;
7. Alien inmates where diplomatic considerations and amity among
nations necessitates review; and
8. Such similar and analogous circumstances whenever the interest of
justice will be served thereby.
Prisoners shall not be granted Executive Clemency if
1. They had been on conditional pardon and violated
any of its conditions;
2. They are recidivists;
A recidivist is one who, at the time of his trial for one crime,
shall have been previously convicted by final judgment of
another crime embraced in the same title.
- If the person has previously served sentence for a crime
that is not embraced in the same title of the Revised Penal
Code, it is a crime aggravated by the circumstance of
reiteration.
REITERATION- That the offender has been previously
punished by an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it
attaches a lighter penalty.
A habitual delinquent is a person who, “within
a period of ten years from the date of his
release or last conviction of the crimes of
serious or less serious physical
injuries, robo (robbery), hurto (theft), estafa or
falsification, is found guilty of any of said crimes
a third time or oftener.”
A quasi-recidivist is “any person who shall
commit a felony after having been convicted by
final judgment for another crime before
beginning the service of such sentence or while
serving the same.”
3. They were convicted of evasion of service of
sentence, kidnapping for ransom, violation of
R.A No. 9165 except those convicted of the use
and or possession of prohibited or regulated
drugs, and offenses committed under the
influence of drug;
REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS
THE DANGEROUS DRUGS ACT OF 1972, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
3. They were convicted of evasion of service of
sentence, kidnapping for ransom, violation of
R.A No. 9165 except those convicted of the use
and or possession of prohibited or regulated
drugs, and offenses committed under the
influence of drug;
Evasion of service of sentence. — The penalty
of prision correccional in its medium and
maximum periods shall be imposed upon any
convict who shall evade service of his sentence
by escaping during the term of his
imprisonment by reason of final judgment.
However, if such evasion or escape
shall have taken place by means of
unlawful entry, by breaking doors,
windows, gates, walls, roofs, or floors,
or by using picklocks, false keys, deceit,
violence or intimidation, or through
connivance with other convicts or
employees of the penal institution, the
penalty shall be prision correccional in
its maximum period.
4. Their release would be at risk to the
community;
High Risk Inmate - those who are considered highly
dangerous and who require a greater degree of
security, control and supervision because of their
deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence
inside the jail.
4. Their release would be at risk to the
community;
High Risk Inmate - those who are considered highly
dangerous and who require a greater degree of
security, control and supervision because of their
deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence
inside the jail.
Psychopaths - The psychopath will typically seek to
avoid prosecution by manipulating the other
individual into taking the blame for the crime.
- often engage in criminal, cruel, or socially
irresponsible behavior, including lying, stealing,
or being violent or abusive toward others.
Because psychopaths have no empathy for a
person's needs or rights, they also feel no
remorse—even when their actions harm others.
Some psycopaths created their names off the charts are:
Theodore Robert Bundy- was an American serial killer who
kidnapped, raped and murdered numerous young women
and girls during the 1970s and possibly earlier. After more
than a decade of denials, he confessed to 30 murders
committed in seven states between 1974 and 1978.
George Nassar -a twice-convicted murderer who said
that his former cellmate Albert DeSalvo had confessed
to him that he had killed the 13 women whose deaths
in the early 1960s were widely attributed to the
Boston Strangler.
5. They are suffering from insanity.
Insanity - a mental illness or disease that makes it
impossible for a defendant to know they were
committing a crime or to understand that their
actions are wrong.
M'Naghten Rule- a standard under which a criminal defendant is
considered to have been insane at the time of an act (as a killing) if he
or she did not know right from wrong or did not understand the moral
nature of the act because of a mental disease or defect.
The M’Naghten rule–which is
sometimes spelled McNaghten–was
the first legal test for criminal insanity.
The test originated in 1843 in England
during the case against Daniel
M’Naghten. M’Naghten shot and killed
the secretary to the Prime Minister,
Edward Drummond, believing he was
the Prime Minister.
The "Durham Rule"
A defendant found "not guilty by reason of
insanity" (or legally insane) can't be
convicted for crimes committed as a result
of certain mental conditions, since
willful intent is required for most
convictions. State and federal courts use a
legal test to determine the mental state of
the defendant at the time of the incident if
they use the insanity defense.
 ORIGIN OF DURHAM RULE

This rule was first adopted by New

Hampshire in 1871. It became more
widespread after a 1954 U.S. Court of
Appeals decision (Durham v. United States)
in which the court found the existing tests
for legal insanity inadequate. At the time,
insanity was based on either the inability
to know right from wrong or the inability to
control impulses.
EXECUTIVE CLEMENCY INVESTIGATION PROCESS
Office of the President or Petition made by the Prisoner

Board (Referral)

PPA
- investigate
- submit required reports within 30 days

Board
- Recommends
- Resolves
- Certifies

Office of the President

Grant Denial

Conditional Pardon Document

Retention in jail or prison
with Parole Conditions
FORMS OF EXECUTIVE CLEMENCY:

1. Pardon
2. Amnesty
3. Commutation of Sentence- only
for sentence.
Forfeiture of Fine- for the fines only.
4. Reprieve
 Pardon
Concept and purpose of Pardon
Is defined as an act of grace given by those charged with the power and
authority to execute laws exempting the individual subject of pardon
from the punishment the law inflicts for a crime he has committed. The
grant of pardon is an executive clemency that 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.
Is an act of grace, proceeding from the power entrusted with the
execution of the laws, which exempts an individual, on whom it is
bestowed, from the punishment the law inflicts for a crime it has
committed. It is private, though official act of the executive magistrate,
delivered to the individual for whose benefit it is intended, and not
communicated officially to the court. (De Leon vs. Director of Prisons,
31 Phil. 64)