UNIVERSITY OF CAGAYAN VALLEY

Balzain Highway, Tuguegarao City, Cagayan

SCHOOL OF CRIMINOLOGY

MODULE IN NON INSTITUTIONAL CORRECTIONS

FINAL COVERAGE
MODULE NO. 3: EXECUTIVE CLEMENCY
TOPICS:
 Pardon (Absolute & Conditional Pardon)
 Commutation of Sentence
 Reprieve
 Amnesty
 Origin of the Development of Indeterminate Sentences
 Differences between amnesty and pardon
 Recognizance
 Bail Rule # 114
 PDLs preventive imprisonment

EXECUTIVE CLEMENCY
 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 recommendation of the Board of Pardons and Parole.
 Under the law, the President has the power to grant pardons, commutations, reprieves,
amnesty for all offenses except impeachment cases and remit fines and forfeitures after
the recipient has been convicted.
 The Board of Pardon and Parole is the agency in charge with the release of sentenced
prisoner’s base on modes specified by law. Its actions and proceedings are governed by
the provisions of Section 4 of act 4103, otherwise known as the Indeterminate Sentence
Law as amended, and Executive Order No. 292, series of 1987, otherwise known as the
Administrative code of 1987.

TOPIC 1: Pardon (Absolute & Conditional Pardon)

What is Pardon?
 the action of forgiving or being forgiven for an error or offense.
 A pardon is an expression of the President's forgiveness and ordinarily is granted in
recognition of the applicant's acceptance of responsibility for the crime and established
good conduct for a significant period of time after conviction or completion of sentence.
 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.
 Neither the legislative nor the judiciary branch of the government has the power to set
conditions or establish procedures to exercise of this Presidential Prerogative.
2 KINDS OF PARDON
1. Absolute Pardon-- refers to the total extinction of the criminal liability of the individual
to whom it is granted without any conditions and restores to the individual his civil rights
and remits the penalty imposed for the particular offense of which he was convicted.
Purposes of Pardon
 1. To right a wrong
2. To normalize a tumultuous situation
2. Conditional Pardon-- refers to the exemption of individuals, within certain limit or
conditions; from the punishment that the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal liability.
o This is applicable to inmates who were given a fixed or determinate sentence or a
life imprisonment, who are not eligible for parole.

 Who are the person disqualified for parole?

- Those who have a pending criminal case for an offense committed while serving a
sentence are not eligible for parole nor are inmates with any properly certified mental
disorder.
- Persons who have been convicted of specified serious crimes three times or more are not
eligible for parole, and neither are those convicted of treason or piracy.

 Who may qualify for a presidential pardon?

The Board of Pardons and Parole (BPP) under the Office of the Secretary of Justice reviews
applications for parole or conditional pardon and recommends to the president for executive
clemency.

PDLs may qualify for pardon if they meet the following condition/s:

o For conditional pardon, those who have served at least one-half of the minimum
original sentence; and
o For absolute pardon, those who have already served their maximum sentence, were
discharged, and received court termination of probation.

The Board may also consider a petition for an individual even before the final release when a
petitioner is:

o Seeking new appointive/elective public position or reinstatement in the government

service;
o Suffering from serious physical or mental disability;
o Needing medical treatment abroad which is not available locally;
o Taking any government examination; or
o Emigrating.

 What is the process of pardon in Philippines?

- A petition for pardon should be addressed to the Philippine president and coursed through
the Board of Pardons and Parole (BPP). It should also be supported by documents such as
the certificate of finality of judgment and documented service of sentence, among others.

 What is the purpose of pardon in law?

- Pardon, in law, release from guilt or remission of punishment. In criminal law the power
of pardon is generally exercised by the chief executive officer of the state.

Topic 2: Commutation of Sentence

 What is Commutation of Sentence?
- It refers to the reduction of the duration of a prison sentence. It is a remission of a part of
the punishment; a substitution of a less penalty for the one originally imposed.
- A commutation of sentence may be granted by the President after a review of the BPP to
determine if the minimum requirement that at least one-third of the definite aggregate
prison term (without minimum and maximum period) or half of the minimum of
indeterminate (with minimum and maximum period) of the aggregate prison.
- Shall refer to the reduction of the duration of a prison sentence.
 - Shortening of a term of punishment or lowering of the level of punishment.
For example, a 10-year jail sentence may be commuted to 5 years, or a sentence of death
may be commuted to life in prison.

 What is the purpose of the commutation?

The President can commute (reduce) a federal sentence and a sentence imposed in the Superior
Court of the District of Columbia. Use the commutation application to seek relief from a prison
sentence, fine, or restitution.

 Who can apply for commutation of sentence?

A request for a commutation of a prison sentence generally is not accepted unless and until a
person has begun serving that sentence. In addition, a commutation request generally is not
accepted from a person who is currently challenging his or her conviction or sentence through
appeal or other court proceeding.

REQUIREMENTS BEFORE COMMUTATION ARE GRANTED

1. Prisoners must have served at least 1/3 of the definite or aggregate prison terms;
2. Prisoner must serve at least ½ of the minimum of the indeterminate prison term or
aggregate minimum of the indeterminate prison terms;
3. At least 13 years for inmates whose indeterminate were adjusted to a prison term of 40
years under Article 70, PRC;
4. At least 15 years for inmates convicted of heinous crimes under RA 7659 or other special
laws, committed on or before January 1, 1994 and sentenced to one reclusion perpetua or
one life imprisonment;
5. At least 18 years for inmates convicted of reclusion perpetua or life under RA 6425 and
RA 9165;
6. At least 18 years for those convicted of kidnapping for ransom, terrorism, plunder and
transnational crimes;
7. 20 years for inmates sentenced to two or more reclusion perpetua or life imprisonment.
8. 25 years for death convicts but whose sentence were commuted to reclusion perpetua/ life
imprisonment;
9. At least 10 (ten) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment for crimes/offenses not punished under RA No. 7659 and other special
laws (Resolution No. 24-2-10, BPP).

Topic 3: Reprieve
REPRIEVE
- The temporary stay of the execution of a sentence. Generally, reprieve is extended to
death penalty prisoners already affirmed by the Supreme Court. In death sentences, the
date of execution of the death convict is held in abeyance for a certain period to enable
the Chief to temporarily stay execution of prison. A President usually resort to this to
resolve all his doubt and reservations and want to really establish that the convict truly
deserves to be executed. Sentence is postponed
- Reprieve means the temporary suspension or delay in the implementation of a criminal
sentence ordered by the court. During the time of the reprieve, the implementation of the
sentence is postponed.

 What is an example of reprieve in law?

- Reprieves are sometimes granted ex necessitate legis; for example, when a woman is
convicted of a capital offence, after judgment she may allege pregnancy in delay of
execution.
 What are the grounds for reprieve?
Some of the common reasons for a reprieve include:
(1) the discovery of new evidence;
(2) a late-filed appeal;
(3) a possible error in the investigation or trial;
(4) extraordinary personal circumstances; or
(5) an unfairly harsh sentence.