Ca2 Activity 10

Persida Acosta
Dear PAO,
Who has the power to grant reprieve, commutation of sentence and executive clemency to inmates
whose convictions are already final? How about parole? Who has the power to grant parole? What is an
executive clemency? How can a prisoner apply for executive clemency? How about commutation of
sentence?
An inmate’s family
Dear “An inmate’s family,”

A prisoner, upon application with the Board of Pardons and Parole (BPP), may be granted parole,
executive clemency and pardon. He may also be released from prison after service of his sentence.
Executive clemency and pardon are granted by the President upon recommendation of the BPP. On the
other hand, parole is granted by the BPP based on reports regarding the prisoner’s work and conduct
and the study and investigation by the board (Rule 2.9, Rules on Parole, 2006 Revised Manual of the
Board of Pardons and Parole).
A parole refers to the conditional release of a prisoner from a correctional institution after he has served
the minimum of his prison term. A parole case may be reviewed by the board upon petition or motu
propio. It must appear from the petition that the prisoner’s case is eligible for review by the BPP and
that the prisoner is not disqualified from being granted parole.
Pursuant to the plenary power of the President to grant executive clemency, couched in Section 19,
Article VII, of the 1987 Constitution and which states that “except in cases of impeachment, or as
otherwise provided, the President may grant reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction by final judgment,” a prisoner may file his petition for executive clemency
before the BPP, which is directly under the Department of Justice.
The grant of executive clemency may be in the form of reprieve, commutation of sentence and pardon.
It rests exclusively with the discretion of the President. The BPP was constituted to assist the President
in exercising these powers. It is to be noted that the President’s constitutional, absolute and plenary
power to grant an executive clemency to qualified prisoner may be exercised by the President even
without the recommendation of the board.
Section 2 of the Amended Guidelines for Recommending Executive Clemency, dated March 7, 2006
provides, “The board may consider cases for executive clemency upon petition, or referral by the Office
of the President or motu propio.”
For commutation of sentence, the prisoner should have served:
at least one-half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate
minimum of his indeterminate and/or definite prison terms.
at least ten (10) years, for prisoners sentenced to one (1)reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punishable under Republic Act 7659 and other special laws.
at least twelve (12) years, for prisoners whose sentences were adjusted to forty (40) years in accordance
with the provisions of Article 70 of the Revised Penal Code, as amended.
at least fifteen (15) years, for prisoners convicted of heinous crimes as defined in Republic Act 7659
committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life
imprisonment.
at least seventeen (17) years, for prisoners sentenced to two (2) or more reclusion perpetua or life
imprisonment even if their sentences were adjusted to 40 years in accordance with the provisions of
Article 70 of the Revised Penal Code, as amended.
at least 20 years, for those sentenced to death which was automatically commuted or reduced to
reclusion perpetua or life imprisonment.
For conditional pardon, the prisoner should have served at least ½ of the maximum of the original
indeterminate and/or definite prison term (Section 4, Ibid.)
Please be reminded, however, that a petition or application for executive clemency or parole creates no
vested or enforceable rights in the persons applying for parole or executive clemency. It may or may not
be granted depending on the circumstances of the case.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated
and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
165 inmates given parole, 91 get executive clemency
By: Jerome Aning - Reporter / @JeromeAningINQ
Philippine Daily Inquirer / 05:30 AM June 14, 2020

MANILA, Philippines — The Department of Justice on Saturday reported that 165 prisoners have been
granted parole, while 91 others have been recommended for executive clemency.
Under the Philippine penal system, executive clemency refers to reprieve, absolute pardon, conditional
pardon with or without parole conditions, and commutation or reduction of sentence as may be granted
by the country’s President.
ADVERTISEMENT
Citing statistics from the Board of Pardons and Parole, Justice Secretary Menardo Guevarra, said that
from May 18 to June 3 the board processed a total of 679 parole cases.
Of this figure, 165 cases were granted parole, 48 were denied, 12 were not acted upon, and 454
deferred pending verification of the prisoners’ other existing cases, if any.
The board also processed 305 executive clemency cases, of which 190 were deferred, 23 denied and one
not acted upon. There were 21 cases recommended for conditional pardon without parole, 24
recommended for conditional pardon with parole, and 46 recommended for commutation of sentence.
Asked on Viber if there were high profile prisoners in the list of those paroled or given executive
clemency, Guevarra said he was not sure.
“We are prioritizing the old and the sickly,” the Justice official said.
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Persida Acosta

Dear “An inmate’s family,”

For commutation of sentence, the prisoner should have served:

We hope that we were able to enlighten you on the matter.

165 inmates given parole, 91 get executive clemency

By: Jerome Aning - Reporter / @JeromeAningINQ

Philippine Daily Inquirer / 05:30 AM June 14, 2020

PCSO raring to resume ga

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