GROUP 3

GROUP MEMBERS: Sapling, Jordan

Ano, Stephen Subdi, Hollyfield

Bao-in, Allen Sequil, Ruszel John D.

Bayeng, Reynold Tayan, Jessa Mae

Dacucos, Gilbert L. Techap, Asher Lee

Palangew, Junko Shane Yadan, Justin Sim S.

EXECUTIVE CLEMENCY
What is Executive Clemency?

It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon

maybe granted by the president upon recommendation of the Board.

CONSTITUTIONAL BASIS:

- 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.

WHO WILL GRANT EXECUTIVE CLEMECY?

It is exercised by the Chief Executive (President). Upon the recommendation of the Board of
Pardons and Parole, the Chief Executive (President) can grant pardons, commute sentences,
or defer the implementation of sentences.

What is the objective of Executive Clemency?

To prevent a miscarriage of justice or correcting a manifest injustice.

I. PARDON

WHAT IS PARDON?

“An act of grace, proceeding from the power entrusted with the execution of the laws, which
exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a
crime he has committed. It is the private, though the official act of the executive magistrate,
delivered to the individual for whose benefit it is intended, and not communicated officially to
the Court. a pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance.”

TYPES OF PARDON

A. Absolute pardon?

refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever and restores to the individual his civil rights
and remits the penalty imposed for the particular offense of which he was convicted.
 B. Conditional pardon - refers to the exemption of an individual, within certain limits or
conditions; from the punishment that the law inflicts for the offenses 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.

PURPOSES:
a. To do away with the miscarriage of Justice

b. To keep punishment with the current philosophy, concept or practice of criminal justice
administration; and

c. To restore full political and civil rights of person who have already served their sentence and
have waited the prescribed period.

DIFFERENCE BETWEEN PARDON AND PROBATION

Probation is a part of judicial power, while pardon is a part of the executive power.

II. AMNESTY

WHAT IS AMNESTY?

 A general pardon extended to a group of persons, such a political offender purposely to

bring about the return of dissidents to their home and to restore peace and order in the
community. It is generally exercised by the Chief Executive with the concurrence of congress.

 It is an act of sovereign power granting oblivion or general pardon for past offense and
rarely, if ever, exercised in favor of single individual is usually exerted in behalf of certain
classes of person who are subjected to trial but not have been convicted.

 Amnesty can be availed of before, during and after the trial of the case, even after
conviction.

DISTINCTIONS BETWEEN AMNESTY AND PARDON

QUALIFIED:

Amnesty is hereby granted to all persons who shall apply therefor and who have or may have
committed crimes, in pursuit of political beliefs, whether punishable under the Revised Penal
Code or special laws, including but not limited to the following: rebellion or insurrection; coup
d’etat; conspiracy and proposal to commit rebellion, insurrection or coup d’etat; disloyalty of
public officers or employees; inciting to rebellion or insurrection; sedition; conspiracy to
commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault;
indirect assault; resistance and disobedience to a person in authority or the agents of such
person; tumults and other disturbances of public order; unlawful use of means of publication
and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunition or
explosives, committed in furtherance of, incident to, or in connection with the crimes of
rebellion or insurrection and violations of Articles 59 (desertion), 62 (absence without leave),
67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96
(conduct unbecoming an officer and a gentlemen), and 97 (general article) of the Articles of
War; Provided, that the amnesty shall not cover crimes against chastity and other crimes
committed for personal ends.

PROCESS

[ PROCLAMATION NO. 1091, February 05, 2021]

• GRANTING AMNESTY TO MEMBERS OF THE MORO NATIONAL LIBERATION FRONT

(MNLF) WHO HAVE COMMITTED CRIMES PUNISHABLE UNDER THE REVISED PENAL CODE
AND SPECIAL PENAL LAWS IN FURTHERANCE OF THEIR POLITICAL BELIEFS

 An applicant under this Proclamation must, in writing and under oath, admit his or her
guilt of the offense for which he or she is criminally liable and shall turn over whatever
firearms, weapons, and/or explosives he or she may have in his or her possession upon
application for amnesty without incurring liability for illegal possession thereof,
notwithstanding the grant or denial of the amnesty application.

NATIONAL AMNESTY COMMISSION

• – There is hereby created a National Amnesty Commission, hereinafter referred to as

the Commission, which shall be primarily tasked with receiving and processing applications for
amnesty, and determining whether the applicants are entitled to amnesty under this
Proclamation.

III. REPRIEVE

WHAT IS REPRIEVE?

 Refers to the deferment of the implementation of the sentence for an interval of time; it
does not annul the sentence but merely postpones or suspends its execution.

 Although only a pause, a reprieve granted by the president can offer an inmate extra
time to appeal or provide the president more time to consider a pardon or commutation.

WHO ARE QUALIFIED?

•Granted to a person convicted of capital crime.

A capital offense is an offense which, under the law existing at the time of its commission and
of the application for admission to bail, may be punished with death.

PURPOSES:

Is to allow an investigation into the illegally 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.

WHEN MAY A DEATH SENTENCE BE SUSPENDED?

1. Women, while pregnant and within 1 year after delivery.

2. Persons over 70 years of age.

3. In cases, wherein a convicted prisoner became insane before the actual date of
execution.

PURPOSE OF REPRIEVE

• The purpose of 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 pardon or a commuted sentence, does not negate a
sentence unless the reinvestigation shows that the prisoner has been unjustly tried or
sentenced.

GOOD CONDUCT TIME ALLOWANCE (GCTA)

Good Conduct Time Allowance (GCTA) – A grant accorded a PDL on Good conduct entitling
him to deductions from the possible maximum imposable imprisonment or period of sentence.

Under ART.97, RPC, THE GCTA are:

a. 5 days per month during the first 2 years of imprisonment

b. 8 days per month during the 3rd to 5th years of imprisonment
c. 10 days during the following years until the 10th years of imprisonment
d. 15 days during the 11th and successive years

Special Time Allowance for Loyalty (Art. 158, RPC)

A deduction of 1/5 of the period of the sentence of any prisoner who evaded the
service ofsentence on the occasion of disorders due to conflagrations, earthquakes, or
other calamities shall begranted if he returns to authorities within 48 hours after the
president declared that the calamity is over. Once granted shall not be revoked.

IV. COMMUTATION OF SENTENCE

WHAT IS COMMUTATION OF SENTENCE

 The act of the President changing, reducing, or mitigating a heavier sentence to a

lighter one or a longer term into a shorter term.

 It may alter Death Sentence to life sentence to a term of years.

 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.

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.

 In other cases, the degree of the penalty is reduced from death penalty to Reclusion
Perpetua.

 In Commutation of Sentence consent of the offender is not necessary. The public

welfare, not his consent, determines what shall be done.

Who may file a petition for of Sentence?

“The Board may review the petition of a prisoner for commutation of sentence if he/she meets
the following minimum requirements:

1.At least one-third (1/3) of the definite or aggregate prison terms, and at least one-half (1/2)
of the minimum of the indeterminate prison terms.
2.At least ten (10) years for prisoners sentenced to 1 Reclusion Perpetua or 1 life
imprisonment, for crimes/offenses not punishable under Republic Act 7659 and other special
laws.

3. 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 RPC, as amended.

4. At least fifteen (15) years for inmates convicted of heinous crimes/ offenses as defined in
Republic Act 7659 or other special laws, committed on or after January 1, 1994 and sentenced
to one (1) reclusion Perpetua or one (1) life imprisonment.

5. At least eighteen (18) years for inmates convicted and sentenced to reclusion Perpetua or
life imprisonment for violation R.A 6425, as amended, otherwise known as “ Dangerous Drugs
Act of 1972 “ R.A 9165 and kidnapping for ransom or violation of the laws on terrorism,
plunder, and transnational crimes.

6. 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 forty (40) years in accordance
with the provision of Article 70 of the RPC, as amended.

7. At least twenty (20) years, for those sentenced to death which was automatically commuted
or reduced to reclusion Perpetua or life imprisonment.

V. RECOGNIZANCE

A mode of securing the release of any person in custody or detention for the
commission of an offense who is unable to post bail due to abject poverty.

The court where the case of such person has been filed shall allow the release of the
accused on recognizance as provided herein, to the custody of a qualified member of the
barangay, city or municipality where the accused resides.

Republic Act No. 6036 (Release of Recognizance of August 4, 1969), as amended Republic Act
No. 10389, “Recognizance Act of 2012”

 An act providing that bail shall not, with certain exceptions, be required in cases of
violationsof municipal or city ordinances; Criminal offenses when the prescribed
penalty for such offenses is not higher than arrestomayor and/or six (6) months;
 A fine of two thousand pesos (Php 2,000.00) or both
 A kind of release where in a prisoner will be turn over to somebody with probity to the
community

Section 7, Republic Act No. 10389. Disqualifications for Release on Recognizance – Any of the
following circumstances shall be a valid ground for the court to disqualify an accused from
availing of the benefits provided herein:

a) The accused had made untruthful statements in his/her sworn affidavit prescribed under
Section5(a);

b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime

aggravated by circumstance of reinteration.

C) The accused had been found to have previously escaped from legal confinement, evaded
sentence or has violated the conditions of bail or release on recognizance without valid
justification;

d) The accused had previously committed a crime while on probation, parole or under
conditional pardon;
e) The personal circumstances of the accused or nature of the facts surrounding his/her case
indicate the probability of flight if release on recognizance;

f) There is a great risk that the accused may commit another crime during the pendency of the
case; and

g) The accused has a pending criminal case which has the same or higher penalty to the new
crime he/she is being accused of.

Section 8, Republic Act No. 10389. Qualifications of the Custodian of the Person Released on
Recognizance – Except in cases of children in conflict with the law as provided under Republic
Act no. 9344, the custodian of the person released on recognizance must have the following
qualifications:

a) A person of good repute and probity;

b) A resident of the barangay where the applicant resides;

c) Must not be a relative of the applicant within the fourth degree of consanguinity or affinity;

d) Must belong to any of the following sectors and institutions; Church, Academe, Social
Welfare, Health Sector, Cause-oriented groups, Charitable organizations, Organizations
engaged in the rehabilitation of offenders duly accredited by the local social welfare and
development officer

Section 9, Republic Act No. 10389. Duty of the Custodian – The custodian shall undertake to
guarantee the appearance of the accused whenever required by the court. The custodian shall
be required to execute an undertaking before the court to produce the accused whenever
required. The said undertaking shall be part of the application for recognizance. The court
shall duly notify, within a reasonable period of time, the custodian whenever the presence of
the accused is required. A penalty of six (6) months to two (2) years imprisonment shall be
imposed upon the custodian who failed to deliver or produce the accused before the court,
upon due noticed, without justifiable reason.