EXECUTIVE CLEMENCY

WHAT IS EXECUTIVE CLEMENCY?

It 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 the recommendation of the Board of Pardon and Parole.
It is an act of mercy or leniency from certain consequences of a criminal
conviction, and is exercised by the President after receipt of a recommendation
from the BPP.
Executive Clemency under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted individual. In the United
States, clemency is granted by a governor for state crimes and by a president for
federal crimes. Clemency can take one of four forms: a reprieve, a commutation of
sentence, a pardon and amnesty.

CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and pardons,
and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress. 

2. Section 5, Article IX (Constitutional Commissions-The Commission on

Elections)
No pardon, amnesty, parole, or suspension of sentence for violation of
election rules, and regulations shall be granted by the President without a
favorable recommendation of the Commission.

WHO WILL GRANT EXECUTIVE CLEMECY?

It is exercise by the President.
Upon the recommendation of the Board of Pardons and Parole, s/he can grant
pardons, commute sentences, or defer the implementation of sentences.

EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless
there is violation of the Constitution; and
 3. Executive Clemency must often be requested by application or petition
before it is granted. In most jurisdictions, these applications first must be
filed with a reviewing agency such as the state board of pardon and parole
before being seen by the appropriate government head.

WHY IT IS EXTENDED
In general, Executive Clemency is often extended for humanitarian reasons,
such as to an aged and ill inmate who needs specialized medical care. Inmates who
suffer from serious, contagious, or life threatening illness or disease and those
prisoners with severe disability can now be recommended for executive clemency.
The condition of the inmate should be certified “under oath” by a physician of
the Bureau of Corrections Hospital and likewise certified under oath by a physician
designated by the Department of Health (DOH
It is also extended in the following instances:
3. When there is real doubt about the guilt of the party.
4. When the sentence given is Apparently excessive
5. When the party is a political or personal friend of the President.
6. To clear the record of some who has demonstrated rehabilitation or public
service.

FACTORS TO BE CONSIDERED IN PETITION FOR CONDITIONAL

PARDON, COMMUTATION OF SENTENCE OR PAROLE - The following
factors may be considered by the Board in the grant of conditional pardon,
commutation of sentence or parole:
a. the age of the petitioner, the gravity of the offense and the manner in which
it was committed, and the institutional behavior or conduct and previous
criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family and
friends, or the community in general, the possibility of retaliation by the
victim, his family and friends.

SPECIAL CONSIDERATION TO THE RECOMMENDATION FOR

COMMUTATION OF SENTENCE OR CONDITIONAL PARDON
1. youthful offenders;
2. prisoners who are sixty (60) years old and above;
 3. physical disability such as when the prisoner is bedridden, a deaf mute, a
leper, a cripple or is blind or similar disabilities;
4. serious illness and other life-threatening disease as certified by a government
physician;
5. those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
6. alien prisoners where diplomatic considerations and amity between nations
necessitate review;
7. circumstances which show that his continued imprisonment will be inhuman
or will pose a grave danger to the life of the prisoner or his co-inmates; and,
8. such other similar or analogous circumstances whenever the interest of
justice will be served thereby.
9. Jail or prison to which he was committed and/or where he is presently
confined
10.Date he was received for confinement
11.Grounds upon which executive clemency is being asked and certification
from the trial court that his case is not on appeal.
REFERRAL OF PETITION FOR EXECUTIVE CLEMENCY/PAROLE TO
OTHER GOVERNMENT AGENCIES
a. Secretary of National Defense - If the crime committed by the petitioner is
against national security or public order or law of nations.
b. Commission on Elections - In case of violation of election laws, rules and
regulations.
c. Department of Foreign Affairs - In case of an alien.

PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

Prisoners who escaped or evaded service of sentence are not eligible for
executive clemency for a period of one (1) year from the date of their last
recommitment to prison or conviction for evasion of service of sentence.

TRANSMITTAL OF CARPETA AND PRISON RECORD

In executive clemency/parole cases, the Director or Warden concerned shall
forward the prison record and carpeta of a petitioner at least one (1) month prior to
the eligibility for review as specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the
Administration on or before the fifth day of every month, a list of prisoners whose
minimum sentences will expire within ninety (90) days and those who may be
considered for executive clemency.
EXCERPTS FROM THE AMENDED GUIDELINES FOR
RECOMMENDING EXECUTIVE CLEMENCY, REVISED MANUAL,
BOARD OF PARDONS AND PAROLE (2006)

SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE

CLEMENCY
The Board [of Pardons and Parole] may consider cases for executive clemency
upon petition, or referral by the Office of the President, or motu proprio.

SECTION 3. EXTRAORDINARY CIRCUMSTANCES

The Board shall recommend to the President the grant of executive clemency when
the following extraordinary circumstances are present such that a strict application
of the law will result in manifest injustice:
1. The trial court or appellate court in its decision recommended 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. Evidence which the court failed to consider, before conviction, which would
have justified an acquittal of the accused;
4. Prisoners who were over nine (9) years old but under eighteen (18) years of
age at the time of the commission of the offense;
5. Prisoners who are (70) years old and above who have served at least five (5)
years of their sentence or those whose continued imprisonment is inimical to
their health as recommended by a physician designated by the Department of
Health or designated by the Malacañang Clinic Director;
6. Prisoners who suffer from serious and life-threatening illness/disease or
severe physical disability such as those who are totally blind, paralyzed,
bedridden, etc., as recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;
7. Alien prisoners where diplomatic considerations and amity among nations
necessitate review;
8. Such other similar or analogous circumstances whenever the interest of
justice will be served thereby.

SECTION 4. OTHER CIRCUMSTANCES

When none of the extraordinary circumstances exist, the Board may nonetheless
review and/or recommend to the President the grant of executive clemency to a
prisoner upon any of the following grounds:
 1. When he is suffering from severe physical disability as when he is a deaf-
mute, a leper, a cripple, or is partially blind, etc., as recommended by a
physician of the Bureau of Corrections Hospital and certified by a physician
designated by the Department of Health or designated by the Malacañang
Clinic Director;
3.  When he is suffering from serious illness as recommended by a physician of
the Bureau of Corrections Hospital and certified by a physician designated
by the Department of Health or designated by the Malacañang Clinic
Director;
4. Such other circumstances whenever the interest of justice will be served
thereby.
Provided, that a petition for executive clemency under this section may be
reviewed only if the petitioner meets the following minimum requirements:

SECTION 5. EXCEPTIONS
Even with the existence of any of the circumstances enumerated in Sections 3
and 4, the Board shall not favorably recommend petitions for executive clemency
of the following prisoners:
1. Those convicted of Evasion of Service of Sentence;
2. Those who violated the conditions of their Conditional Pardon;
3. Those who are habitual delinquents or recidivists;
4. Those convicted of Kidnapping for Ransom;
5. Those convicted of violation of Republic Act No. 6425, as amended,
otherwise known as "The Dangerous Drugs Act of 1972", or Republic Act
9165, also known as the Dangerous Durgs act of 2002", and other drug
related offenses except those convicted only of use and/or possession of
prohibited or regulated drugs;
6. Those convicted of offenses committed under the influence of drugs;
7. Those whose release from prison would pose a threat to the public safety or
would constitute a danger to society; and
8. Those suffering from dementia or insanity.
Above notwithstanding, in view of diplomatic considerations and upon
recommendation of the Department of Foreign Affairs, the grant of executive
clemency may be availed by a foreign prisoner or alien serving a prison
sentence in the Philippines, as an opportunity for securing the release of
Filipino convicts, if any in the country of the convicted foreigner or alien.