NON-INSTITUTIONAL

CORRECTION
By Harry L. Caisip, RCrim
Lesson Title: The Executive Clemency

Lesson Targets: At the end of this discussion, you should be

able to
1. Identify what are the different types executive clemency.
2. Explain each type of executive clemency
History of Pardon
- The exercise of pardoning power has always been
vested in the hands of the executive branch of the
government, whether King, Queen, President or
Governor. Pardon dates back to the pre-Christian era. In
fact, the Bible contains an allusion where a criminal was
released and pardoned by the King at the time Christ
was crucified.
Executive Clemency
- the power of a President in state convictions, to pardon a person
convicted of crime, commute the sentence, or reduce it from death to
another lesser sentence. 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.

a. Pardon
- An act of executive clemency by a head of state for the purpose of
exempting an individual from the punishment imposed upon him by a
court of law. - It is an act of grace and the recipient is not entitled to it as
a matter of right. - Granted only after final conviction.
Kinds of Pardon
 Absolute Pardon
 Conditional Pardon

1. Absolute Pardon
- It is an absolute pardon when it is granted by the Chief Executive without
any conditions attached.
Effects of Absolute Pardon Absolute pardon does not work to restore the
right to hold public office or the right of suffrage, unless such rights are
expressly restored by the terms of the pardon.
A pardon does not exempt the offender from the payment of civil indemnity
imposed upon him by the sentence.
Absolute pardon totally extinguishes the criminal liability but not the right
of the offended party to enforce the civil liability against the offender.
Revised Rules and Regulations of Boards of Pardons and Parole

TITLE III. SECTION 10. Review of Cases for Executive Clemency.

— Petitions for executive clemency may be reviewed if the prisoners meet the
following minimum requirements: Paragraph C. For Absolute Pardon, after he has
served his maximum sentence or granted final release and discharge or court
termination of probation. However, the Board may consider a petition for absolute
pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner:
(1) is seeking an appointive/elective public position or reinstatement in the
government service;
(2) needs medical treatment abroad which is not available locally,
(3) will take any government examination; or
(4) is emigrating.
2. Conditional Pardon
- It is conditional when it is granted by the Chief Executive
subject to the conditions imposed on the recipient and
accepted by him. Usually, the person granted with
conditional pardon has served a portion (at least ½ of
the maximum of his indeterminate sentence) of his
sentence in prison.
Revised Rules and Regulations of Boards of Pardons and Parole

Title III. SECTION 10. Review of Cases for Executive Clemency.

— Petitions for executive clemency may be reviewed if the
prisoners meet the following minimum requirements: Paragraph
B. For Conditional Pardon, the prisoner shall have served at least
one-half (1/2) of the minimum of his original indeterminate
and/or definite sentence. However, in the case of a prisoner who
is convicted of a heinous crime as defined in Republic Act No.
7659 and other special laws, he shall have served at least one-
half (1/2) of the maximum of his original indeterminate sentence
before his case may be reviewed for conditional pardon.
b. Commutation of Sentence
- It is a change of the decision of the court made by the Chief Executive by reducing
the degree of the penalty inflicted upon the convict, or by decreasing the length
of the imprisonment of the original sentence.

Purposes of Commutation
1. To break the rigidity of law.
2. To extend parole in cases where the parole law does not apply.
3. To save the life of a person sentenced to death.

What specific cases may be granted?

- When the convict sentenced to death is over 70 years of age;
- When justices of the Supreme Court failed to reach a decision for the affirmation of
the death penalty;
c. Reprieve
- Reprieve is a temporary stay of the execution of a sentence. As in pardon, reprieve
can only be exercised by the President when the sentence has become final.
Generally, reprieve is extended to death penalty prisoners. The date of the
execution of the sentence is set back several days to enable the Chief Executive to
study the petition of the condemned man for the commutation of sentence or
pardon.

1. What is the definition of clemency?

- Clemency simply means leniency or mercy. It is based on the policy of fairness,
justice and forgiveness. It is not a right but rather a privilege, and one who is
granted clemency does not have the crime forgotten but it is forgiven and treated
more leniently for the criminal acts.
2. What agency recommends to the President the grant of pardon?
- Board of Pardons and Parole (BPP)
Thank you for listening Future
criminologist!
ACTIVITY 1
PART I.
IDENTIFICATION (USE CAPITAL LETTER AND ANY KIND OF ERASURES MEANS WRONG)

1. The power of a President in state convictions, to pardon a person convicted of crime,

commute the sentence, or reduce it from death to another lesser sentence.
2. This is one of the kind of pardon. It is granted by the Chief Executive without any
conditions attached.
3. It is granted by the Chief Executive subject to the conditions imposed on the recipient
and accepted by him.
4. It is a change of the decision of the court made by the Chief Executive by reducing the
degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment of the original sentence.
5. It is based on the policy of fairness, justice and forgiveness. It is not a right but rather
a privilege, and one who is granted clemency does not have the crime forgotten but it
is forgiven and treated more leniently for the criminal acts.
PART II.
ENUMERATION (USE CAPITAL LETTER AND ANY KIND OF ERASURES MEANS
WRONG)

• Enumerate the Kinds of Pardon

PART III.
ESSAY
• Based on your understanding, Why pardon is known as an act of
forgiveness?