CA 2 NOTES FINAL
EXECUTIVE CLEMENCY
CLEMENCY simply means LENIENCY or MERCY
Considered to be AN ACT OF GRACE
EXECUTIVE CLEMENCY
It is NOT a RIGHT but rather a PRIVILEGE
Is the power of a PRESIDENT in state convictions.
It is an executive function and NOT a function of judiciary.
It is also a non-delegable power and it can only be exercised by
the PRESIDENT of the PHILIPPINES personally.
Basis for Grant of Executive Clemency
The BPP recommends to the President the grant of
executive clemency when any of the following
circumstances are present:
1.)The trial or appellate court recommended in its decision the
grant of executive clemency for the prisoner.
2.)Under the peculiar circumstances of the case, the penalty
imposed is too harsh compared to the crime committed.
3.)Offender qualifies as a youth offender at the time of the
commission of the offence.(Kung ang bilanggo ay isang minor
de edad (hindi pa 18 anyos) noong ginawa niya ang krimen)
4.)Prisoner is seventy (70) years old and above
5.)Prisoner is terminally-ill
6.)Alien prisoners where diplomatic considerations and amity
among nations necessitate review
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7.)Other similar or analogous circumstances whenever the
interest of justice will be served thereby. (Kung may ibang mga
sitwasyon na kapareho o katulad ng mga nabanggit at magiging
makatarungan ang pagbibigay ng clemency, - pag dili ka pasok
sa number 7 pwede dili ka eh recommend sa executive
clemency)
Applications for Executive Clemency will not be favourably
Acted Upon by The Board of Pardons and Parole when:
1. Convicted of evasion of service of sentence;
2. Who are habitual delinquents or recidivists; (recidivists naka
commit ka ng same title sa revised penal code for example
crime against property, crime against person. Habitual
delinquents – nakacommit ka ng 3 or more na pasok ang crime
na less and serious Physical injury, Robbery, Theft, Estafa,
Falsification)
3. Convicted of kidnapping for ransom;
4. Convicted of violation of the Dangerous Drugs Act of 1972
and the Comprehensive Dangerous Drugs Act of 2002;
5. Convicted of offences committed under the influence of drugs
6. Those release from prison may constitute a danger to
society.
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. Neither
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the legislative nor the judiciary branch of government has the
power to set
conditions or establish procedures for the exercise of the
Presidential
prerogative. (Hindi maaaring makialam ang Kongreso
(Legislative) o Korte Judiciary) sa kung paano ito ipagkakaloob
o kung anong kondisyon ang maaaring ilagay dito dahil
prerogative act ito ng Presidente di sila pwedeng makialam.)
TWO KINDS OF PARDON
1. Absolute pardon
2. Conditional Pardon
Limitations on the Pardoning Power
* Pardon cannot be extended to cases of impeachment.
* No pardon may be granted in violation of any election law
without favorable recommendations by the Commission
onElection.
* It may only be granted by the President after convicted.
Absolute Pardon
It is given without any condition attached to it. Its grants carries
with total extinction of criminal liability and designed for the
following purposes:
* To do away with miscarriage of justice
* To restore full political and civil rights of persons who have
already served their sentence.
* To keep abreast with current philosophy in the administration
of the criminal justice system.
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Minimum Requirements for the Petition of Pardon
For Absolute Pardon:
* Ten (10) years must have elapsed from the date of release of
the petitioner from confinement or;
* Five (5) years from the date of expiration of his maximum
sentence, whichever is more beneficial to him.
However, the Board may consider a petition for absolute pardon
even before the grant of final release and discharged under the
provisions of sec 6, Act no.
4103 as amended when the petitioner:
- Is seeking an appointive/elective public position or
reinstatement in the government service;
- Needs medical treatment abroad which is not available locally;
- Will take any government examination
Conditions of Pardon
* The pardonee should live in his designated residence and
shall not change his residence without obtaining consent from
the board.
* In cases of temporary need to leave the pardonee residence,
no permission is required but the whereabouts should be given
to the parole/ pardon officer. (Kapag kailangang lumabas
pansamantala, hindi na kailangan ng permiso, pero dapat
ipaalam sa parole/pardon officer kung saan pupunta.)
* The pardonee shall not indulge in any injurious or vicious
habits and shall avoid persons and places of disreputable
character.* That the pardonee shall not commit any crime.
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The petition for absolute pardon shall be accompanied by
the following requirements:
1.) 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 a
moral and law-abiding manner since his release from prison
and shall indicate the petitioner's occupation and the community
service he has rendered, if any, and
2.) The clearances from the police, courts and prosecutor office
where the petitioner resides.
- (Karaniwan, ang absolute pardon ay ibinibigay sa mga taong
nakalaya na, halimbawa:
Mga nakalaya dahil sa parole, Sa conditional pardon)
EXAMPLEOF ABSOLUTE PARDON
“President Duterte’s decision exempts Joseph Pemberton from
serving the remaining time of his punishment for killing a Filipino
citizen while on active duty in the Philippines, despite his
testimony of admission and convincing evidence of his guilt
beyond reasonable doubt.”
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
released on parole.
- The conditional pardon for a petitioner must have serve at
least 1\2 of the minimum of his indeterminate sentence.
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- 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.
Reclusion Perpetua - imprisonment for at least thirty [30] years
after which the convict becomes eligible for pardon. It also
carries with it accessory penalties, namely: perpetual special
disqualification, etc.
For Conditional Pardon
The petitioner must have served at least one-half of the
minimum of his indeterminate sentence for the following
portions of his prison sentence:
* At least two (2) years of the minimum sentence if convicted of
murder or parricide but not sentenced to reclusion perpetua.
* At least one (1) year of the minimum sentence if convicted of
Homicide.
* At least nine (9) months if convicted of frustrated homicide;
* At least six (6) months if convicted of attempted homicide.
When the prisoner is pardoned under certain administrative
requirements like reporting monthly to a judge for a certain
number of years. Ans. Conditional Pardon
Maximum Supervision - More than twice a month
Medium Supervision - atleast twice a month
Minimum Supervision - once a month
Supervised by Probation and Parole officer (PPO)
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The following category of prisoners shall not be
considered for conditional pardon:
1. The petitioner is eligible for parole;
2. The petitioner had been sentenced to another prison term
within one (1) year from the date of his last recommitment to the
jail or prison from where he escaped;
3. The prisoner is suffering from 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.
In petition for Pardon, the Director of Corrections shall
forward the prison record and carpeta of a
prisoner/petitioner to the Board of Pardons and Parole
within the following periods:
• Absolute Pardon- within one (1) month from receipt by the
director of the request made by the Board for the prison record
and carpeta;
• Conditional Pardon- at least one (1) month before the
expiration of one-half (1/2) of minimum period of the prisoner's
indeterminate sentence and in special cases, at least one (1)
month before the periods the petitioner becomes qualified.
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A petition for the grant of either absolute or conditional pardon
shall be favorably endorsed to the Board by the Secretary of
National Defense if the crime committed by the petitioner is
against national security such as rebellion, subversion, or
sedition; or by the Commission on Elections, in case of
violations of any election laws, rules and regulations. If the
applicant for pardon is a foreigner, a recommendation from the
department of foreign affairs is required before it can be
approved by the President of the Philippines.
All crimes exept impeachment - Board of Pardons And Parole
Crime against national security - Secretary of National
Defense
Violations of any election law, rules and regulation Commission on Elections (COMELEC)
Foreigner - Department of Foreign Affairs
An application for Executive Clemency shall not be considered
during the pendency of an appeal filed by the petitioner from the
judgment of conviction.
AMNESTY
- A special form of pardon exercised by the President. Amnesty
is a general pardon extended to a certain class of people who
are usually political offenders. Amnesty it is an act of oblivion
The 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 to
living normal lives for groups of people targeted by
amnesty
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The Philippines issued two amnesty proclamations in the
Past
- The first one was under Presidential Proclamation no. 51 by
then President Manuel Roxas amnestying those who
collaborated with Japanese during World War II.
- The second was Proclamation No. 75 issued by then
President Elpidio Quirino extending amnesty to leaders and
members of the Hukbong Bayan laban sa Hapon
(HUKBALAHAP) or Huk and Pambansang Kaisahan ng mga
Magbubukid (PKM) which is an organization of peasants
fighting for agrarian reform and is part of the communist
underground movement.
Q/A: For amnesty to be granted, there should be? Ans:
Concurrence of the Congress
Q/A: What refers to the deferment of the implementation of the
sentence to an interval time? Ans: Reprieve
Qualifications and Disqualifications of Amnesty :
Qualifications for Amnesty:
1. Political Offenses: Typically granted for crimes like
rebellion, sedition, or coup d'état — especially those committed
as part of political movements or uprisings.
2. Application Process: Individuals must apply for amnesty
within the period set by law or the proclamation, usually through
a formal petition to a government body like the Amnesty
Commission.
3. Admission of Guilt or Responsibility: Applicants may need
to acknowledge their participation in the crime or offense as a
requirement for amnesty.
4. Public Interest or National Reconciliation: Amnesty is
often tied to larger societal goals, like ending conflict or
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reintegrating rebels into civilian life (e.g., post-Marcos regime or
peace processes with the Moro rebels).
5. Time-Bound Coverage: The proclamation may define a
period during which the offenses must have been
committed to qualify for amnesty.
Disqualifications for Amnesty:
1. Non-Political Crimes: Crimes like murder, rape, kidnapping,
drug trafficking, or corruption that are not
connected to political struggles are usually excluded.
2. Grave Human Rights Violations: Serious human rights
abuses or war crimes might disqualify someone,
especially under international human rights law.
3. Failure to Apply or Meet Requirements: If someone
doesn’t file for amnesty within the designated period
or fails to meet procedural requirements, they lose eligibility.
4. Continuous Threat to Public Safety: If the individual
remains a persistent threat to peace or national
security, they may be excluded.
5. Pending Final Conviction for Crimes Outside Amnesty
Scope: If an individual has already been convicted for unrelated
crimes outside the coverage of amnesty, that conviction might
bar them from receiving it
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REPRIEVE
- Like Pardon, Reprieve is also another prerogative exercised
by the President of the Philippines. Generally, it is applied to
death sentences already affirmed by the Supreme Court.
- It is the temporary stay of the execution of sentence. The date
of execution ofsentence is temporarily postponed indefinitely to
enable the Chief Executive to thoroughly study the petition of
the condemned man for commutation of sentence or pardon.
COMMUTATION OF SENTENCE
WHAT IS COMMUTATION OF SENTENCE?
- Commutation of a sentence is a legal process where a
convicted individual's punishment is reduced or modified by an
executive authority, such as a president or governor. Unlike a
pardon, which completely forgives the crime, commutation only
lessens the severity of the penalty while the conviction remains
on record.
- It is an act of clemency by which a heavier or longer sentence
is reduced to a lighter or shorter term.
- Commutation does not forgive the offender but merely reduces
the penalty of life imprisonment or death sentence for a term of
years.
- Commutation of sentence also benefits inmates sentenced to
a fixed or determinate sentence, which renders him or her
ineligible for parole.
- Commutation of sentence changes the original fixed sentence
to a lesser indeterminate sentence, which will then enable the
beneficiary to be released on parole.
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- Commutation is also appropriate to use with convicts
sentenced to several counts. The sentence may be commuted
to one single indeterminate sentence through commutation
and rendering the recipient to avail of parole after serving the
minimum sentence.
WHAT IS THE PURPOSE?
- The primary purpose of commutation is to offer relief in cases
where the original sentence is deemed excessive, unfair, or no
longer necessary due to rehabilitation, humanitarian reasons, or
public interest. (Upang Itama ang Labis o Hindi Makatarungang
Hatol)
- It seeks to alleviate the harshness of the penalty for reasons of
justice, equity, or humanitarian considerations. (Dahil sa
Makataong Dahilan o Kapakanan ng Publiko)
- Provides a second chance to deserving individuals based on
good behavior, rehabilitation, or other exceptional
circumstances.
WHAT ARE THE DIFFERENCES OF PARDON, AMNESTY,
REPRIEVE, AND COMMUTATION OF SENTENCE?
Pardon – is an act of grace granted by the president, which
exempts the individual, on whom it is imposed, from the
punishment that the law inflicts for a crime he has committed.
Amnesty – is a general pardon to rebels for their treason or
high political offenses, or the forgiveness which one sovereign
grants to the subjects of another, who have offended by some
branch the law of nation.
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Reprieve – is a temporary delay or suspension of the execution
of a sentence, especially of a sentence of death penalty.
Commutation of Sentence - is the reduction of penalty
imposed which granted by the President.
MINIMUM REQUIREMENTS OF COMMUTATION OF
SENTENCE:
A petitioner shall be eligible for the grant of commutation if
he meets the following minimum requirements:
- The petitioner must have served at least one-third (1/3) of his
definite sentence, or the following portions of his prison
sentence consisting of reclusion perpetua (life imprisonment):
- At least ten (10) years if convicted of robbery with homicide,
robbery with rape or kidnapping with murder;
- At least twelve (12) years if given two (2) or more sentences
for reclusion perpetua;
- At least twenty (20) years in case of one (1) death sentence
which was automatically commuted to reclusion perpetua; and
- At least twenty-five (25) years in case of two (2) sentences for
reclusion perpetua; provided that at least one (1) of the
sentences had been automatically commuted from death
sentence
DISQUALIFIED FOR COMMUTATION OF SENTENCE
The following category of prisoners shall not be considered for
commutation of sentence:
1.The petitioner is eligible for parole;
2. The petitioner had been sentenced to another prison term
within one (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
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4. The petitioner is suffering from mental illness or disorder as
certified by a government psychiatrist
TAKE NOTE !!
In commutation of sentence the Director of Corrections shall
forward the prison record and carpeta or a petitioner/ prisoner to
the Board of Pardons and Parole within at least one (1) month
before the expiration of one-third (1/3) of the minimum period of
prisoner's indeterminate sentence and in special cases, at least
one (1) month before the periods becomes qualified
COMMUTATION IS AUTOMATICALLY PROVIDED, WHEN:
- When the convicted person sentenced to death is over
seventy (70) years of age. (kapag 70 yrs old ang naka commit
ng crime pero ang crime na na commit nya is under special
penal law imbis na death sentence ma commuted ito into life
imprisonment pero kapag ang 70 yrs old naka commit ng crime
na under sa revised penal code imbis na death sentence is
reclusion perpetua nalang ang ihataga) (RPC – Mala Inse,
Tradisyunal na krimen tulad ng pagpatay, pagnanakaw, at
panggagahasa. Special Laws – Mala Prohibita, Mga bagong
batas laban sa droga, cybercrime, environmental crimes, at iba
pa.)
- The degree of penalty is reduced to reclusion perpetua
COMMUTATION OF SENTENCE CAN BE:
Reduction of Prison Sentence – The convict’s imprisonment
is shortened, but the conviction remains
Change in Type of Punishment – For example, a death
sentencemay be commuted to life imprisonment.
Reduction of Fines or Penalties – The financial burden or
other legal penalties imposed on the convict may be lessened.
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EFFECTS OF COMMUTATION OF SENTENCE
Partial Extinction of Criminal Liability:
- The original sentence is replaced or reduced in accordance
with the commutation order.
- Civil liability arising from the crime remains enforceable unless
explicitly remitted
No Automatic Restoration of Civil Rights:
-The commuted individual may still need to undergo separate
processes for the restoration of civil rights.
Finality:
- The commutation order, once granted, is irrevocable and
binding (Final Executory- Kapag naibigay na ang commutation,
hindi na ito mababawi o mababago. Ito ay pinal at kailangang
sundin.)
KEY TAKEAWAYS:
- Commutation reduces a sentence but does not erase a
conviction.
- It is a discretionary power granted by the president and is
irreversible. (Kapangyarihan ng Pangulo at Hindi na
Mababaligtad)
- Unlike a pardon, commutation does not restore civil rights.
- It serves as an essential tool in addressing sentencing
disparities, correcting injustices, and granting second chances
based on rehabilitation or humanitarian grounds. (Ginagamit ito
upang itama ang hindi makatarungang sentensya, mabawasan
ang sobrang bigat ng parusa, at magbigay ng pangalawang
pagkakataon)
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