EXECUTIVE CLEMENCY

- 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 upon the recommendation of the Board of Pardons and Parole.

- Except impeachment cases and remit fines and forfeitures after the recipient has
been convicted.
• It is an act of mercy or leniency from certain consequences of a criminal
conviction and is exercised by the president after receipt of a recommendation
from the BPP.
 CONSTITUTIONAL BASIS:
• Art. VII, sec. 19 of 1987 Philippine Constitution
• Except in cases of impeachment, or as otherwise provided in this constitution, the
President may grant Reprieves, Commutation of Sentence, and Pardons, Remit fines and
Forfeitures, after conviction by final judgement.
• He shall also have the power to grant amnesty with the concurrence of a majority of all
the members of the congress.
• Sec. 5 Art. IX (Constitutional Commissions – The Commission on Elections)
• No Pardon, Amnesty, Parole, or suspension of sentence for violation of Election Rules
and Regulations shall be granted by the President without a favorable recommendation
of the Commission.
WHEREAS,
• 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 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 executor;
•Where to apply?
o The President of the Philippines, through the chairman, Board of Pardons and
Parole.

Executive Clemency Basis:

• It is Discretionary
• It may not be controlled by the legislature or reversed by the courts unless there
is a violation of the Constitution: and
• Executive Clemency Must often be requested by Petition or Application before it
is granted.
 REFERRAL OF PETITION FOR EXECUTIVE
CLEMENCY/PAROLE TO OTHER GOVERNMENT
AGENCIES
• Secretary of National Defense – if the crime committed by the petitioner is against
national security or public order or law of nations.

• Commission on Elections – In case of violation of Election laws, rules and regulations.

• Department of Foreign Affairs – if the petitioner is an alien.

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 of their last recommitment to prison or conviction
for evasion of service of sentence.

CLEMENCY CAN TAKE ONE OF FOUR FORMS

 REPRIEVE
COMMUTATION OF SENTENCE
PARDON
AMNESTY
 [ BPAP RESOLUTION NO. 24-4-10, April 13, 2010 ]
AMENDING AND REPEALING CERTAIN RULES AND SECTIONS OF THE
RULES ON PAROLE AND AMENDED GUIDELINES FOR RECOMMENDING
EXECUTIVE CLEMENCY OF THE 2006 REVISED MANUAL OF THE BOARD
OF PARDONS AND PAROLE
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:
1. The trial court or appellate court in its decision recommended the grant of executive clemency for
the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the
crime committed;
3. Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;

4. Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the
commission of the offense;

5. 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;

6. 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;

7. Alien inmates where diplomatic considerations and amity among nations necessitate review; and

8. Such other similar or analogous circumstances whenever the interest of justice will be served
thereby."
• “SECTION 4. 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:
A. For Commutation of Sentence, the inmate should have served:
1. at least one-third (1/3) of the definite or aggregate prison terms;
2. at least one-half (1/2) of the minimum of the indeterminate prison term or aggregate minimum
of the indeterminate prison terms;
3. at least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other special
laws;
4. at least thirteen (13) years for inmates whose indeterminate and/or definite prison terms were
adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article
70 of the Revised Penal Code, as amended;
• RA 7659 defines heinous crimes as: treason; piracy in general and mutiny on the high seas in
Philippine waters; qualified piracy; qualified bribery; parricide; murder; infanticide; kidnapping
and serious illegal detention; robbery with violence against or intimidation of persons;
destructive arson; rape; and importation, distribution, manufacturing and possession of illegal
drugs.
• Under the “three-fold rule,” of Article 70, a convict can be punished only up to three times the
most severe penalty imposed, and such maximum period shall not exceed 40 years.
• Ex: a person is sentence to suffer – 14 years, 8 mos. & 1day for homicide, 17 years, 4 mos. & 1
day in other case, 14 years and 8 mos. In a frustrated case.
5. at least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994, and sentenced
to one (1) reclusion perpetua or one (1) life imprisonment;
6. at least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or life
imprisonment for 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 for kidnapping for ransom or violation of the laws on
terrorism, plunder and transnational crimes;
7. at least twenty (20) years 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) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as amended;
8. at least twenty-five (25) years for inmates originally sentenced to death penalty but which was
automatically reduced or commuted to reclusion perpetua or life imprisonment.
B. For Conditional Pardon, an inmate should have served at least one-half (½) of the maximum of the
original indeterminate and/or definite prison term.”
Or the following portions of his prison sentence:
1. At least 2 years of the minimum sentence if convicted of Murder or parricide but not
sentenced to Reclusion Perpetua;
2. At least 1 year of the minimum sentence if convicted of homicide:
3. At least 9 months if convicted of Frustrated homicide;
4. At least 6 months if convicted of Attempted Homicide.
• However, the following category of prisoners shall not be considered for commutation of sentence
or conditional pardon:
 For Commutation of sentence
1. The petitioner is eligible for Parole;
2. The petitioner had been sentenced to another prison term within 1 year from the date of his
last recommitment to the jail or prison from where he escaped;
3. The petitioner had violated any condition of his discharge on Parole or Conditional pardon;
and
4. The petitioner is suffering from a mental illness or disorder as certified by a government
psychiatrist.
For conditional Pardon
1. The petitioner is eligible for Parole;
2. The Petitioner had been sentenced to another prison term within 1 year from the date of
his last recommitment to jail or prison from where he escaped;
3. The petitioner is suffering from a mental illness or disorder as certified by a government
psychiatrist; and
4. The prisoner had violated a conditional pardon, which was previously granted before the
expiration of his maximum sentence.
"SECTION 10. Notice to the Offended Party
- In all cases when an 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 thirty
(30) days from notice to comment on whether or not executive clemency may be granted to an
inmate.
"SECTION 11. 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
Republic Act No. 9346, publication shall be once a week for three (3) consecutive weeks. Any
interested party may send to the Board written objections/comments/information relevant to the
cases of inmates being considered for executive clemency not later than thirty (30) days from date
of publication.
 WHAT IS PARDON?
• is a form of executive clemency granted by the President of the Philippines as a
privilege extended to a convict as a discretionary act of grace or forgiveness that relieves
the person Pardoned from some or all of the ramifications of lawful punishment . A
pardon is a Remission of a penalty. Pardons do not erase or seal a conviction but rather
forgives the guilt.

• Neither the legislative nor the judiciary branch of government has the power to set
conditions or establish procedures for the exercise of this presidential prerogative.
• Under these unpalatable realities, pardon is a safety valve to save the skin of those
wrongly accused and condemned under the guise of justice.
 TWO TYPES OF PARDON
1. Absolute Pardon - refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever and restores to the individual his civil
rights and remits the penalty imposed for the offense of which he was convicted.
 Purpose of Absolute Pardon
• To right a wrong - many who were sent to prisons are innocent while equally many of those
who should be behind bars remained scot-free.
• To normalize a tumultuous political situation
2. Conditional Pardon – refers to the exemption of an individual, within certain limits or
conditions; from the punishment that the law inflicts for the offense he has committed resulting in
the partial extinction of his criminal liability. It is also granted by the president of the Philippines to
release an inmate who has been reformed but is not eligible to be release on parole.
• 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.
 LIMITATIONS OF THE PARDONING POWER OF THE
PRESIDENT
 It may not be exercised for offenses of impeachment cases:
It may be exercised only after conviction by final judgement except amnesty;
It may not be exercised over legislative or civil contempt ( as for refusing to answer a
proper question as a witness in a case);
In case of violation of election laws or commission rules and regulations without the
favorable recommendation of the commission;
It cannot be exercised to violation of tax laws;
It cannot absolve of convict of civil liability;
It cannot restore public offices forfeited;
Violation of Art. 157 – evasion of service of sentence for 1 year from the time of
recommitment;
• In certain cases, the board of Pardons and Parole may require a petition for
CONDITIONAL PARDON to be accompanied by a written guarantee of the person
with whom the petitioner will reside that the latter will behave properly upon release
from confinement.

• To avail of this privilege, a qualified inmate, his family, or relatives, or upon the
recommendation of prison authorities will file a petition for CONDITIONAL
PARDON addressed to the President. The request will be forwarded to the Board of
Pardons and Parole, which will process the same before making their appropriate
actions.
• UNDER ARTICLE 95 of the Revised Penal Code, a pardon violator upon conviction will be
liable for imprisonment of “PRISON CORRECTIONAL”.
• However under ARTICLE 159 of the Revised Penal Code, if the un-expired portion of the
original sentence of the pardonee EXCEEDS SIX YEARS, then this more than six years of
pardoned sentence will have to be fully served by the recommitted pardon violator.

• CRISTOBAL VS LABRADOR
• In case of Cristobal vs. Labrador, et al., 71 Phil. 34, 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 and political rights.
• However on the case of Polobello vs. Palatino, 72 Phil.441,
 the supreme Court reiterated the doctrine laid down on the Cristobal vs. Labrador case and
elucidated further that “an absolute pardon not only blots out the crime but removes all
disabilities resulting from the conviction; and that when granted after the term of imprisonment
has expired, absolute pardon removes all that is left of the consequences of conviction.”

 Similarities of Absolute and Conditional Pardon

• A pardon, whether absolute or conditional, is in the nature of a deed, for the validity of which
delivery is an indispensable requisite. Until accepted, all benefits to the grantee may be
cancelled. But once accepted by the grantee, the pardon already delivered cannot be revoked by
the authority which granted it.
 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.
 Amnesty needs the concurrence of Congress, and the courts also take judicial notice of the act
by the President. It is also granted after trial, before or after conviction by the courts.
 Also known as the General Pardon or Blanket of Pardon
 Greek word Amnestia which means to “forget”
DISTINCTIONS BETWEEN AMNESTY AND PARDON
Difference as to: Amnesty Pardon

1. Kinds of Offenses Granted for political offenses Granted for any offense

2. Who may avail Granted to classes of persons or Granted to individuals

communities
3. Time to avail May be granted at anytime Granted after final conviction

4. Action of applicant Need not be accepted Must be accepted

5. Consent of Congress Requires the concurrence of congress Does not need the concurrence of
congress
6. Acts committed Public act which the court may take Private act which must be pleaded and
judicial notice proved by the person pardoned

7. Effect Act of forgetfulness Looks backward and Act of forgiveness Looks forward and
puts the offense into oblivion and restores relieves the offender from the
civil and political rights. consequences of his offense
• 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 for living normal lives for groups of people targeted by
amnesty.
• In the United States
 President S. Truman issued two Presidential Proclamations granting amnesty to groups of
unnamed persons who were anti-wars.
 1st amnesty was Proclaimed in 1945 right after World War II.
 2nd after the Korean war in 1952
 The purpose of such a grant of amnesty is to free those identified to be against these wars from
prosecution and harassment from the government or other members of society.
• The Philippines likewise issued two amnesty proclamations in the past.

 Presidential Proclamation No. 51 by then President Manuel Roxas amnestying those

who collaborated with the Japanese during World War II.

 Proclamation No. 76 issued by then President Elpidio Quirino extending amnesty to

leaders and members of the Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) or Huk
and Pambansang Kaisahan ng mga Magbubukid (PKM) which is organization of peasants
fighting for agrarian reform and is part of the communist underground movement.
• DISQUALIFICATION FOR AMNESTY
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."
 Rules, procedures, and further requirements to implement Proclamation No. 75 were contained
in Circular No. 1 of the DND Amnesty Committee. It included a condition where the applicant
should have an "express admission" of participation and guilt, and a "recantation of all previous
statements" that are not consistent with the admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws without favorable recommendation from
the COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt
 CRIMINAL AND CIVIL CONTEMPT ARE LIKEWISE DEFINED AS
FOLLOWS:
 Criminal contempt. — A criminal contempt is conduct that is directed against the dignity and
authority of the court and may occur in either criminal or civil actions and special proceedings.

 Civil contempt. — Civil contempt consists in failing to do something ordered to be done by a

court in a civil action for the benefit of the opposing party therein, and is therefore, not an
offense against the dignity of the court, but against the party in whose behalf the violated order is
made. If, however, the contempt consists in doing a forbidden act, injurious to the opposite party,
the contempt ma be considered criminal.
• PROCLAMATION NO. 347 GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL
OTHER PERSONS WHO HAVEOR MAY HAVE COMMITTED CRIMES AGAINST PUBLIC
ORDER, OTHER CRIMESCOMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
VIOLATIONS OF THE ARTICLESOF WAR, AND CREATING A NATIONAL AMNESTY
COMMISSION.
• Section 2. Effects. –
 (a) Amnesty under this Proclamation shall extinguish any criminal liability for acts committed in
pursuit of a political belief, without prejudice to the grantee’s civil liability for injuries or
damages caused to private persons. The grant of amnesty shall also affect the restoration of civil
or political rights suspended or lost by virtue of criminal conviction.
 (b) The amnesty herein proclaimed shall not ipso facto result in the reintegration or reinstatement
into the service of former Armed Forces of the Philippines and Philippine National Police
personnel.
• Proclamation No. 1091 was issued on February 5, 2021. It grants amnesty to members of the
Moro National Liberation Front (MNLF) in the Philippines. The amnesty covers crimes
punishable under the Revised Penal Code and Special Penal Laws committed in pursuit of their
political beliefs.