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Republic of the Philippines

Department of Justice
BOARD OF PARDONS AND PAROLE
DOJ Agencies Bldg., NIA Rd., Cor. ast A!e., Diliman, "ue#on Cit$
RESOLUTION NO. 24-4-10
RE: Amending and Repealing e!"ain R#le$ and Se%"i&n$ &' "(e
R#le$ &n Pa!&le and Amended )#ideline$ '&! Re%&mmending
E*e%#"i+e lemen%, &' "(e 200- Re+i$e .an#al &' "(e B&a!d &'
Pa!d&n$ and Pa!&le
/0EREAS1 %ection &', Article (II of the &')* Philippine
Constitution pro!ides that the President, e+cept in cases of
impeachment or as other,ise pro!ided therein, ma$ grant reprie!es,
communications and pardons, and remit fines and forfeitures, after
con!iction b$ the final -udgment.
/0EREAS1 in accordance ,ith the abo!e/cited constitutional
pro!ision, the President has the plenar$ po,er to grant e+ecuti!e
clemenc$, e+cept on the follo,ing three 012 constitutional limitations
to ,it3
&. In cases of impeachment.
4. In cases in!ol!ing of election la,s, rules and regulations as
pro!ided for in %ection 5, Paragraph C, Article I6 of the &')*
Philippine Constitution ,ithout the fa!orable recommendation
of the Commission on lections. and
1. In cases ,here the con!iction is on appeal or has not become
final and e+ecutor.
/0EREAS1 the eight 0)2 dis7ualifications or e+ceptions enumerated
and pro!ided for in %ection 5 of the Amended 8uidelines for
Recommending +ecuti!e Clemenc$ of the 499: BPP Re!ised ;anual
are not in consonance ,ith the pro!isions of %ection &', Article (II of
the &')* Philippine Constitution, constitute as limitations on the
pardoning po,er of the President, and !iolate the time/honored
principle of e7ual protection of the la,s enshrined in the Bill of
Rights, thus defeating the primar$ purpose of restorati!e -ustice.
/0EREAS1 %ection 5, Paragraph a, b, c, d, e, f, g, and h of the
Amended 8uidelines for Recommending +ecuti!e Clemenc$
discriminates against certain criminal offenders and denies them e7ual
opportunit$ for e+ecuti!e clemenc$.
/0EREAS1 under %ection 1 of Republic Act No. '1<:, other,ise
=no,n as >An Act Prohibiting the Imposition of Death Penalt$ in the
Philippines>, enacted on June 4<, 499:, persons con!icted of offenses
punished ,ith reclusion perpetua, or ,hose sentences ,ere reduced to
reclusion perpetua b$ reason of this Act shall not be eligible for parole
under Act No. <&91, other,ise =no,n as >?he Indeterminate %entence
@a,>, as amended.
/0EREAS, under +ecuti!e Order No. )1 dated Januar$ &&, &'1*,
the Board of Pardons and Parole is mandated to assist the President in
e+ercising the po,er of e+ecuti!e clemenc$. and
/0EREAS1 pursuant to the mandate of the la, to redeem and uplift
!aluable human resources and pre!ent e+cessi!e depri!ation of libert$,
there is a need to pro!ide opportunities to 7ualified and deser!ing
inmates in order to ease congestion no, plaguing the correctional
institutions.
/0EREFORE1 premises considered, the Board resol!es, as it is
hereb$ Resol!ed, to A;ND and RPA@ the follo,ing pro!isions
of the Rules on Parole and the Amended 8uidelines for
Recommending +ecuti!e Clemenc$ of the 499: BPP Re!ised
;anual3
I. Rule 4.&. of the Rules on Parole is hereb$ A;NDD to read as
follo,s3
2RULE 2.1. Eligibility for Review of A Parole Case / an inmateAs case
ma$ be eligible for re!ie, b$ the board pro!ided3
a. Inmate is ser!ing an indeterminate sentence the ma+imum
period of ,hich e+ceeds one 0&2 $ear.
b. Inmate has ser!ed the minimum period of the indeterminate
sentence.
c. InmateAs con!iction is final and e+ecutor.
In case the inmate has one or more co/accused ,ho had been
con!icted, the directorB,arden concerned shall for,ard their prison
records and carpetasB-ac=ets at the same time.
d. Inmate has no pending criminal case. and
e. Inmate is ser!ing sentence in the national penitentiar$,
unless the confinement of said inmate in a municipal, cit$,
district or pro!incial -ail is -ustified.
A national inmate, for purposes of these Rules, is one ,ho is sentenced
to a ma+imum term of imprisonment of more than three 012 $ears or to
a fine of more than fi!e thousand pesos. or regardless of the length of
sentence imposed b$ the Court, to one sentenced for !iolation of the
customs la, or other la,s ,ithin the -urisdiction of the Bureau of
Customs or enforceable b$ it, or to one sentenced to ser!e t,o 042 or
more prison sentences in the aggregate e+ceeding the period of three
012 $ears.>
II. Rule 4.4, Paragraphs i to l of the Rules on Parole are hereb$
D@?D for being inconsistent ,ith the pro!isions of %ection 4 of
the >Indeterminate %entence @a,>, as amended. Curther, said Rule is
hereb$ A;NDD to read as follo,s3
>RULE 2.2. Disqualifications for Parole / Pursuant to %ection 4 of
Act No. <&91, as amended, other,ise =no,n as the >Indeterminate
%entence @a,>, parole shall not be granted to the follo,ing inmates3
a. ?hose con!icted of offenses punished ,ith death penalt$ of
life imprisonment.
b. ?hose con!icted of treason, conspirac$ or proposal to
commit treason or espionage.
c. ?hose con!icted of misprision treason, rebellion, sedition or
coup dA etat.
d. ?hose con!icted of pirac$ or mutin$ on the high seas or
Philippine ,aters.
e. ?hose ,ho are habitual delin7uents, i.e., those ,ho, ,ithin a
period of ten 0&92 $ears from the date of release from prison or
last con!iction of the crimes of serious or less serious ph$sical
in-uries, robber$, theft, estafa, and falsification, are found
guilt$ of an$ of said crimes a third time or oftener.
f. ?hose ,ho escaped from confinement or e!aded sentence.
g. ?hose ,ho ha!ing been granted conditional pardon b$ the
President of the Philippines shall ha!e !iolated an$ of the terms
thereof.
h. ?hose ,hose ma+imum term of imprisonment does not
e+ceed one 0&2 $ear or those ,ith definite sentence.
i. ?hose con!icted of offenses punished ,ith reclusion
perpetua, or ,hose sentences ,ere reduced to reclusion
perpetua b$ reason of Republic Act No. '1<: enacted on June
4<, 499:, amending Republic Act No. *:5' dated Januar$ &,
499<. and
-. ?hose con!icted for !iolation of the la,s on terrorism,
plunder and transnational crimes.>
III. Rule 4.1 of the Rules on Parole is hereb$ A;NDD to read as
follo,s3
2RULE 2.3. Review Upon Petition or referral by the correctional
and/or other agencies / a parole case ma$ be re!ie,ed b$ the Board
upon petition or referral b$ the correctional andBor other agencies if
inmate is not other,ise dis7ualified under Rule 4.4.>
I(. %ection & of the Amended 8uidelines for Recommending
+ecuti!e Clemenc$ is hereb$ A;NDD to read as follo,s3
SETION 1. Plenary Power of the President to Grant Eecutive
Cle!ency / Dnder %ection &' Article (II of the Constitution, e+cept in
cases of impeachment or as other,ise pro!ided therein, the President
ma$ grant reprie!es, commutations and pardons, and remit fines and
forfeitures, after con!iction b$ final -udgment. +ecuti!e clemenc$
rests e+clusi!el$ ,ithin the sound discretion of the President, and is
e+ercised ,ith the ob-ecti!e of pre!enting a miscarriage of -ustice or
correcting a manifest in-ustice."avvphi"
?hese 8uidelines are meant solel$ for the guidance of the Board of
Pardons and Parole 0hereafter the >Board>2 in the performance of its
dut$ to assist the President in e+ercising the po,er of e+ecuti!e
clemenc$ pursuant to +ecuti!e Order No. )1 dated Januar$ &&, &'1*.
?hese 8uidelines create no !ested or enforceable rights in persons
appl$ing for e+ecuti!e clemenc$.>
(. %ection 1 of the Amended 8uidelines for Recommending +ecuti!e
Clemenc$ is hereb$ A;NDD to read as follo,s3
>SETION 3. Etraordinary Circu!stances / ?he Board shall
recommend to the President the grant of e+ecuti!e clemenc$ ,hen an$
of the follo,ing e+traordinar$ circumstances are present3
a. ?he trial court or appellate court in its decision
recommended the grant of e+ecuti!e clemenc$ for the inmate.
b. Dnder the peculiar circumstances of the case, the penalt$
imposed is too harsh compared to the crime committed.
c. !idence ,hich the court failed to consider, before
con!iction ,hich ,ould ha!e -ustified an ac7uittal of the
accused.
d. Inmates ,ho ,ere o!er fifteen 0&52 $ears but under eighteen
0&)2 $ears of age at the time of the commission of the offense.
e. Inmates ,ho are se!ent$ 0*92 $ears old and abo!e ,hose
continued imprisonment is inimical to their health as
recommended b$ a ph$sician of the Bureau of Corrections
Eospital and certified under oath b$ a ph$sician designated b$
the Department of Eealth.
f. Inmates ,ho suffer from serious, contagious or life/
threatening illness disease, or ,ith se!ere ph$sical disabilit$
such as those ,ho are totall$ blind, paral$#ed, bedridden, etc.,
as recommended b$ a ph$sician of the Bureau of Corrections
Eospital and certified under oath b$ a ph$sician designated b$
the Department of Eealth.
g. Alien inmates ,here diplomatic considerations and amit$
among nations necessitate re!ie,. and
h. %uch other similar or analogous circumstances ,hene!er the
interest of -ustice ,ill be ser!ed thereb$.>
(I. %ection < of the Amended 8uidelines for Recommending
+ecuti!e Clemenc$ is hereb$ A;NDD to read as follo,s3
>SETION 4. #ther circu!stances / Fhen none of the e+traordinar$
circumstances enumerated in %ection 1 e+ist, the Board ma$
nonetheless re!ie, andBor recommend to the President the grant of
e+ecuti!e clemenc$ to an inmate pro!ided the inmate meets the
follo,ing minimum re7uirements of imprisonment3
A. Cor Commutation of %entence, the inmate should ha!e
ser!ed3
&. at least one/third 0&B12 of the definite or aggregate
prison terms.
4. at least one/half 0&B42 of the minimum of the
indeterminate prison term or aggregate minimum of the
indeterminate prison terms.
1. at least ten 0&92 $ears for inmates sentenced to one
0&2 reclusion perpetua or one 0&2 life imprisonment, for
crimesBoffenses not punished under Republic Act No.
*:5' and other special la,s.
<. at least thirteen 0&12 $ears for inmates ,hose
indeterminate andBor definite prison terms ,ere
ad-usted to a definite prison term of fort$ 0<92 $ears in
accordance ,ith the pro!isions of Article *9 of the
Re!ised Penal Code as amended.
5. at least fifteen 0&52 $ears for inmates con!icted of
heinous crimesBoffenses as defined in Republic Act No.
*:5' or other special la,s, committed on or after
Januar$ &, &''< and sentenced to one 0&2 reclusion
perpetua or one 0&2 life imprisonment.
:. at least eighteen 0&)2 $ears for inmates con!icted and
sentenced to reclusion perpetua or life imprisonment for
!iolation of Republic Act No. :<45, as amended,
other,ise =no,n as >?he Dangerous Drugs Act of
&'*4> or Republic Act No. '&:5 also =no,n as >?he
Comprehensi!e Dangerous Drugs Act of 4994>, and for
=idnapping for ransom or !iolation of the la,s on
terrorism, plunder and transnational crimes.
*. at least t,ent$ 0492 $ears for inmates sentenced to
t,o 042 or more reclusion perpetua or life imprisonment
e!en if their sentences ,ere ad-usted to a definite prison
term of fort$ 0<92 $ears in accordance ,ith the
pro!isions of Article *9 of the Re!ised Penal Code, as
amended.
). at least t,ent$/fi!e 0452 $ears for inmates originall$
sentenced to death penalt$ but ,hich ,as automaticall$
reduced or commuted to reclusion perpetua or life
imprisonment.
B. Cor Conditional Pardon, an inmate should ha!e ser!ed at
least one/half 0G2 of the ma+imum of the original indeterminate
andBor definite prison term.>
(II. %ection 5 of the Amended 8uidelines for Recommending
+ecuti!e Clemenc$ is hereb$ RPA@D.
(III. %ection &9 of the Amended 8uidelines for Recommending
+ecuti!e Clemenc$ is hereb$ A;NDD to read as follo,s3
>SETION 10. $otice to the #ffended Party / In all cases ,hen an
inmate is being considered for e+ecuti!e clemenc$, the Board shall
notif$ the offended part$ or, in the e!ent that the offended part$ is
una!ailable for comment or other,ise cannot be located, the
immediate relati!es of the offended part$. %aid persons shall be gi!en
thirt$ 0192 da$s from notice to comment on ,hether or not e+ecuti!e
clemenc$ ma$ be granted to an inmate. Pro!ided that, in matters of
e+treme urgenc$ or ,hen the interest of -ustice ,ill be ser!ed thereb$,
such notice ma$ be ,ai!ed or dispensed ,ith b$ the Board. In such a
case, the Board shall e+plain the reason for the ,ai!er of such notice
in the Board resolution recommending e+ecuti!e clemenc$.>
I6. %ection && of the Amended 8uidelines for Recommending
+ecuti!e Clemenc$ is hereb$ A;NDD to read as follo,s3
>SETION 11. Publication of $a!es of %hose &eing
Considered for Eecutive Cle!ency / ?he Board shall cause
the publication once in a ne,spaper of national circulation the
names of inmates ,ho are being considered for e+ecuti!e
clemenc$. Pro!ided, ho,e!er, that in cases of those con!icted
of offenses punished ,ith reclusion perpetua or life
imprisonment b$ reason of Republic Act No. '1<:, publication
shall be once a ,ee= for three 012 consecuti!e ,ee=s.
An$ interested part$ ma$ send to the Board ,ritten
ob-ectionsBcommentsBinformation rele!ant to the cases of
inmates being considered for e+ecuti!e clemenc$ not later than
thirt$ 0192 da$s from date of publication.
Pro!ided that, in matters of e+treme urgenc$ or ,hen the
interest of -ustice ,ill be ser!ed thereb$, abo!e publication
ma$ be ,ai!ed or dispensed ,ith. In such publication in the
Board resolution recommending e+ecuti!e clemenc$.>
6. ?his Resolution shall ta=e effect upon appro!al b$ the %ecretar$ of
Justice and fifteen 0&52 da$s after its publication in a ne,spaper of
general circulation. @et copies of this Resolution be li=e,ise sent to
the Office of the President through the +ecuti!e %ecretar$, and the
Dni!ersit$ of the Philippines 0DP2 @a, Center.