II.

PETITIONS FOR
EXECUTIVE
CLEMENCY/PAROLE
Rogie N. Rondilla
SEC. 5. Filing of Petition
• A formal petition for executive clemency addressed as follows
shall be submitted to the Board before the question of said
clemency will be considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"

It means that in order for the Board to consider the question of

clemency, the petitioner must first submit a formal petition for
executive clemency. That it should be written in a specific format
and should include certain information, and must be addressed
to a specific person or organization, such as the Board that is
responsible for considering the clemency request.
• Petitions for parole shall be addressed to the Chairman or to the
Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole,
commutation of sentence or conditional pardon of deserving
prisoners whenever the interest of justice will be served thereby.

This statement specifies that petitions for parole must be addressed

to the Chairman or the Executive Director of the Board. "Motu
proprio" is a Latin term that means "on its own initiative" and it
gives the Board the power to initiate the process of parole,
commutation, or pardon without receiving a petition from the
prisoner. The Board can do this when it believes that the interest of
justice will be served by doing so. This means that the Board has the
discretion to consider cases of deserving prisoners even if they have
not submitted a petition for parole, commutation, or pardon. This
allows the Board to act in the best interest of justice even if the
prisoner is unaware of the process or unable to submit a petition.
SEC. 6. Contents of Petition
• A petition for parole/executive clemency shall state the name
of the prisoner, his age, previous criminal record, if any,
whether a Filipino citizen or an alien and, if a naturalized
Filipino, his former nationality and date of naturalization, his
previous occupation, place of residence, present crime for
which he was convicted, the trial/appellate court, his penalty
of imprisonment, fine, indemnity and the commencing date
thereof, the jail or prison to which he was committed and/or
where he is presently confined, the date he was received for
confinement, the grounds upon which executive clemency is
being asked and certification from the trial court that his case
is not on appeal.
The petition must include the name, age, and previous criminal
record of the prisoner, as well as their citizenship status and, if
applicable, their previous nationality and date of naturalization.
It also requires information about the prisoner's previous
occupation and place of residence.
The statement also requires information about the crime for
which the prisoner was convicted, including the trial/appellate
court, the penalty of imprisonment, fine, indemnity, and the
starting date of the sentence, the jail or prison to which the
prisoner was committed, and the date on which they were
received for confinement. Also, the petitioner shall provide the
grounds upon which executive clemency is being asked, this
means that the petitioner should provide a reason for why the
executive clemency should be granted. A certification from the
trial court is required to the case is not on appeal. This means
that the petitioner must provide proof that the case has been
resolved and is not currently being appealed.
• In addition to the above-mentioned data, a petition for absolute
pardon shall be under oath and shall include the date the
petitioner was released from prison after service of sentence or
released on parole/pardon or terminated from probation.
The petitioner must swear or affirm that the information provided
in the petition is true and accurate. This requirement is to ensure
the honesty and validity of the information provided in the
petition. The petition include the date the petitioner was released
from prison after serving their sentence, or the date they were
released on parole or pardon, or the date that the probation was
terminated. This information is important for the authorities to
determine the eligibility of the petitioner for an absolute pardon.
An absolute pardon is a type of clemency that wipes out the
conviction and any legal consequences that may be associated
with it. It is usually granted by the President of a country or the
Governor of a state. It is usually granted to someone who has
served their sentence, demonstrated good conduct and it is
deemed that the person has been rehabilitated.
SEC. 7. Supporting
Documents of Petition for
Absolute Pardon
• The petition for absolute pardon shall be accompanied by -
• the affidavits of at least two (2) responsible members of the
community where the petitioner resides. The affidavits shall,
among others, state that the petitioner has conducted himself
in a moral and law-abiding manner since his release from
prison and shall indicate the petitioner's occupation and his
social activities including religious involvement;

The petitioner is required to provide affidavits from at least two

responsible members of the community where they reside.
These affidavits are sworn statements that serve as testimony to
the petitioner's conduct since their release from prison. The
affidavits must attest that the petitioner has conducted
themselves in a moral and law-abiding manner and must
indicate the petitioner's occupation and social activities,
including religious involvement.
These affidavits are important for the authorities to determine
the petitioner's conduct and rehabilitation since their release
from prison. They provide evidence that the petitioner has been
a law-abiding citizen and that they are respected members of
the community. This can help to demonstrate that the petitioner
has been rehabilitated and that granting an absolute pardon
would be in the best interest of justice.

the clearances from the National Bureau of Investigation, the

Philippine National Police, the Prosecutor's Office, the Municipal
Circuit Trial Court, the Municipal Trial Court, the Municipal Trial
Court in Cities, the Metropolitan Trial Court and the Regional
Trial Court where petitioner resides;
The petitioner is required to provide clearances from a number
of different agencies, including the National Bureau of
Investigation, the Philippine National Police, the Prosecutor's
Office, the Municipal Circuit Trial Court, the Municipal Trial
Court, the Municipal Trial Court in Cities, the Metropolitan Trial
Court and the Regional Trial Court where the petitioner resides.
These clearances are important for the authorities to determine
the petitioner's criminal history and any outstanding legal
matters. They provide evidence that the petitioner has no
pending criminal cases and that they have no outstanding
warrants for their arrest. These clearances are also important for
the authorities to determine if the petitioner has been involved
in any criminal activities after the release from prison, if so, it
could be a reason for the petition to be denied.
• proof of payment of indemnity and/or fine, or in lieu thereof,
certification from the City/Municipal Treasurer or Probation and
Parole Officer on his financial condition; and,
The petitioner is required to provide proof of payment of indemnity
and/or fine, which are financial penalties imposed as part of their
sentence. Indemnity is a monetary compensation for any damages
caused by the crime, and fine is a monetary penalty imposed for the
crime committed. Alternatively, if the petitioner is unable to pay the
indemnity and/or fine, they can provide a certification from the
City/Municipal Treasurer or Probation and Parole Officer stating
their financial condition. This certification must demonstrate that
the petitioner is unable to pay the indemnity and/or fine due to
their financial situation. This requirement is important for the
authorities to determine whether the petitioner has fulfilled their
financial responsibilities as part of their sentence. It also helps the
authorities to determine the petitioner's financial situation and
whether they are able to pay any fines or indemnities imposed as
part of their sentence.
• proof of service of sentence or certificate of Final Release and
Discharge or court's Termination Order of probation.
The petitioner is required to provide proof of service of
sentence, which is a document that certifies that the prisoner
has completed their sentence and has been released from
prison. This can be a certificate of final release and discharge,
which is a document issued by the prison or correctional facility
when the prisoner is released. Alternatively, if the petitioner was
sentenced to probation instead of imprisonment, they must
provide a court's Termination Order of probation. This is a
document issued by the court that confirms that the petitioner
has fulfilled the terms of their probation and that it has been
terminated. These documents are important for the authorities
to determine that the petitioner has completed their sentence
or fulfilled their probation and is therefore eligible for an
absolute pardon.