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Commutation of Sentence

This document discusses different forms of executive clemency, including commutation of sentence and reprieve. Commutation reduces the severity of a sentence, such as changing a death sentence to life imprisonment. Reprieve temporarily delays the execution of a sentence, usually to allow time to consider petitions for commutation or pardon. The document provides examples of when commutation is provided for by law, such as for prisoners over 70 or when the Supreme Court cannot reach a decision on a death penalty case. It also outlines the procedures involved in petitioning for and deciding on commutations in the Philippines.

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Klient Tonera
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244 views15 pages

Commutation of Sentence

This document discusses different forms of executive clemency, including commutation of sentence and reprieve. Commutation reduces the severity of a sentence, such as changing a death sentence to life imprisonment. Reprieve temporarily delays the execution of a sentence, usually to allow time to consider petitions for commutation or pardon. The document provides examples of when commutation is provided for by law, such as for prisoners over 70 or when the Supreme Court cannot reach a decision on a death penalty case. It also outlines the procedures involved in petitioning for and deciding on commutations in the Philippines.

Uploaded by

Klient Tonera
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We take content rights seriously. If you suspect this is your content, claim it here.
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OTHER FORMS OF EXECUTIVE

CLEMENCY
Commutation of Sentence
What is Commutation of Sentence?
Commutation is an act of clemency by which
an executive act changes a heavier sentence to a
less serious one or a long term to a shorter term. it
may alter death or life sentence to a term of years.
Commutation does not forgive the offender but
merely reduces the penalty of life sentence for a
term of years.
SPECIFIC CASES WHERE COMMUTATION IS
PROVIDED FOR BY THE CODE:
• When the convict sentenced to death is over 70
years of age;
• When ten justices of the Supreme Court failed
to reach a decision for the affirmation of the
death penalty;
Purposes of Commutation
Some of the common uses of commutations are the following:
1. To break the rigidity of the law - Some penal laws are rigid and
unusually cruel. For example, a law making qualified theft, the stealing of
young coconuts from trees, or fish from the fishpond, or sugar cane from
the sugar cane field. Qualified theft imposes an unusually heavy penalty
on the culprit, which is greatly misappropriated to the value of article
stolen. Even if the judge would want to impose a light penalty, he could
not do so because his hands are tied by the provision of the law. The
sentence in this case may be reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply -
Commutation enables the recipient to be released on parole when his
sentence does not allow him parole, like, for example, when the
sentence is determinate or life sentence, or when the prisoner is
serving two or more sentences. The sentence may be changed to an
indeterminate sentence by commutation to enable the recipient to
receive parole after serving the minimum of the sentence.
3. To save the life of a person sentenced to death
- This is one of the most common uses of
commutation of sentence. In the Philippines, 95%
of death penalty cases are commuted to life
imprisonment.
Procedures in Commutations
When the sentence of death penalty is confirmed by the Supreme Court, the
condemned man or the head of the prison system (Director of Prisons) may file a
petition for commutation. The prisoner is subjected to a social, psychological
and psychiatric examination by the Staff of the Reception Center. The inquiry will
include the sociological history of the prisoner, his criminal history, mental
psychological capacities, work history, etc., the purpose of which is to determine
the degree of involvement in crime the prisoner is in, and to determine if he
deserves to be given a new lease in life. The petition is then forwarded to the
Board of Pardons and Parole, together with the reports of examinations of the
reception and Diagnostic Center and the recommendation of the Director of
Prison on the petition.
The Board of Pardons and Parole processes the petition and will
deliberate on a recommendation after a careful study of the
papers, including the reports of the Reception and Diagnostic
Center. It will them forward the petition, including its
recommendation to the President. The President will then act
on the petition. In giving or denying commutation, the President
may not follow the recommendation of the Board of Pardons
and Parole.
Reprieve
What is Reprieve?
Reprieve is a temporary stay of the execution of the
sentence. Like pardon, the President can only exercise
reprieve when the sentence has become final.
Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set
back several days to enable the Chief Executive to
study the petition of the condemned man for
commutation of sentence or pardon.
WHEN MAY A DEATH SENTENCE BE
SUSPENDED?
1. Women, while pregnant and within 1 year
after delivery,
2. Person over 70 years of age,
3. In cases, wherein a convicted prisoner became
insane before the actual date of execution
PURPOSE OF REPREIVE:
The purpose of the reprieve is generally to allow an
investigation into the legality of the conviction or into
alleged newly discovered evidence in favor of the
convicted person. A reprieve delays an execution but,
unlike a pardon or a commuted sentence, does not
negate a sentence unless the reinvestigation shows
that the prisoner has been unjustly tried or sentenced.

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