GUIDELINESGUIDELINESFORFOR

RECOMMENDINGRECOMMENDINGEXECUTIVE EXECUTIVE CLEMENCYCLEMENCY

Under Section 19 Article VII of the Constitution, except in cases of impeachment or as otherwise provided therein, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. Executive clemency rests exclusively within the sound discretion of the President, and is exercised with the objective of preventing a miscarriage of justice or correcting a manifest injustice

These Guidelines are meant solely for the guidance of the Board of Pardons and Parole in the performance of its duty to assist the President in exercising the power of executive clemency pursuant to Executive Order No. 83 dated January 11, 1937. These Guidelines create no vested or enforceable rights in persons applying for executive clemency."

The BOARD may consider cases upon REFERRAL or PETITION by the Office of the President

The BOARD shall recommend to the President the grant of executive clemency when the following extraordinary circumstances are present and such that a strict application of law will result in manifest injustice

The trial court or appellate court grants the executive clemency of the petitioner

Under peculiar circumstance of the case, the penalty imposed is too harsh to the crime committed

Evidence which the court failed to consider, before conviction, which should have justified an acquittal of the accused

Prisoners who were over nine(9) years but under 18 years of age at the time of the commission of the offense

Prisoners who are seventy(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 of the Bureau of Corrections Hospital and certified by a physician desgnated by the DOH or designated by he Malacanang Clinic Director

Prisoners who suffer fromserious 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 Malacanang Clinic Director

When none of the extraordinary circumstances in Sec. 3 exist, the Board may 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 whether hi is a deaf-mute, leper, a cripple, or is partially blind, etc., 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 Malacanang Clinic Director

2. 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 Malacanang Clinic Director

3. Other circumstances whenever the interest of justice will be served thereby

1. At least ½ of his minimum indeterminate and/or definite prison term or the aggregate minimum or indeterminate and/or definite prison terms

2. At least 10 years, for prisoners sentenced to one reclusion perpetua or 1 life imprisonment for crimes not punishable by RA 7659 or other special laws

3. At least 12 years for prisoners whose sentence were adjusted to 40 years in accordance with provisions of Article 70 of the Revised Penal Code as amended

4. At least 15years, for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after Jan.1, 1994 and sentenced to 1 reclusion perpetua or 1 life imprisonment

5. At least 17 years for prisoners sentenced to 2 or more reclusion perpetua/life imprisonment even their sentences were adjusted to 40 years in accordance with the provisions of Article 70 of the Revised Penal Code

6. At least 20 years, for those sentenced to death which was automatically commuted or reduced to reclusion perpetua

The prisoner should have served at least ½ of the maximum of the original indeterminate and/or definite prison term

The Board shall not favorably recommend petitions for executive clemency of the following prisoners:

Those convicted of Evasion of Service of Sentence

Those who violated the conditions of their Conditional Pardon

Those who are habitual delinquents/ recidivists

Those convicted of Kidnapping for Ransom

Those convicted of violation of the Dangerous Drugs Act of 2002

Those convicted of sentences committed under the influence of drugs

Those whose release from prison would pose threat to public safety or constitute a threat to society

Those with dementia or insanity

Prisoner should have served his maximum sentence or granted final release and discharge or court termination of probation. However the Board may consider the petition

In all cases when a petitioner is being considered for executive clemency, the Board shall notify the following personally or by registered mail:

Convicting Trial Judge Private and/or public prosecuting attorney Offended partyEach party is given 30 days to comment whether or not

executive clemency should be granted to petitioner

In all cases when a petitioner is being considered for executive clemency, the Board shall notify the following personally or by registered mail:

Convicting Trial Judge Private and/or public prosecuting attorney Offended partyEach party is given 30 days to comment whether or not

executive clemency should be granted to petitioner

Sec.12: Board DeliberationSec. 13: Board MeetingsSec. 14: QuorumSec. 15: Contents of the Minutes of Board

MeetingSec. 16: Opposition to Grant of ClemencySec. 17: DocumentationSec. 18: Board Recommendation, Resolution and

CertificationSec. 19: Supporting Documents

Sec. 20: Implementation of President’s Grant of Executive Clemency

- Upon receipt from the Office of the President of documents, the Board shall implement by sending copy to the prison director through the Bureau of Corrections or Warden of Jail where he is confined

- Sec. 21: Issuance of Certification of Release

- Sec. 22: Monitoring of Compliance with Conditions of Pardon

- Sec. 23: Presentation to Probation and Parole Officer

PPO shall inform the Board if prisoner fails to report within 45days from date of release from confinement

- Sec. 24: Arrival Report To be submit within 15days from the day

of initial reporting to the Parole and Probation Office

- Sec. 25: Infraction and Progress Report

- Sec. 26: Recommendation for Arrest of Prisoner for Violation of Conditions or Pardon

- Sec. 27: Summary Report Submitted to the Board through the

CPPO upon the expiration of the period stated

Police Clearance, Court Clearances, Prosecutor’s Office Clearances shall be attached to the Summary Report

- Sec. 28: Issuance of the Certificate of Final Release and Discharge by the Board

- Sec. 29: Transmittal of Certificate of Final Release and Discharge to the prisoner with conditional pardon, the Court, PPO, NBI, Bureau of Corrections, PNP, and the Office of the President

- Sec. 30: Grant of Pardon to an Alien The Bureau of Corrections shall refer it

to the Bureau of Immigration for disposition

- Sec. 31: Death of Prisoner under Supervision

Death Certificate to be submitted to the Board/ Affidavit narrating the circumstances of death submitted by the barangay chairman or relative in the absence of a death certificate