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Q&A Parole And Executive Clemency

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Page 1: Q&A Parole And Executive Clemency
Page 2: Q&A Parole And Executive Clemency

WHAT IS PAROLE?WHAT IS PAROLE?

It is the release of a prisoner from prison afterserving the minimum period of his indeterminatesentence.

It is the release of a prisoner from prison afterserving the minimum period of his indeterminatesentence.

Page 3: Q&A Parole And Executive Clemency

WHO CANNOT BE GRANTED PAROLE?WHO CANNOT BE GRANTED PAROLE?

Generally, those sentenced to a term of imprisonment of one (1) year or less, or to astraight penalty, or to a prison sentencewithout a minimum term of imprisonment.

Generally, those sentenced to a term of imprisonment of one (1) year or less, or to astraight penalty, or to a prison sentencewithout a minimum term of imprisonment.

Page 4: Q&A Parole And Executive Clemency

WHO MAY GRANT PAROLE TO APRISONER?

WHO MAY GRANT PAROLE TO APRISONER?

The Board of Pardons and Parole, an agency under the Department of Justice.

The Board of Pardons and Parole, an agency under the Department of Justice.

Page 5: Q&A Parole And Executive Clemency

WHEN MAY A PRISONER BE GRANTED PAROLE?

WHEN MAY A PRISONER BE GRANTED PAROLE?

Whenever the Board of Pardons and Parole finds that there is a reasonable probability that, if released, the prisoner will be law-abiding andthat his release will not be incompatible withthe interest and welfare of society and when aprisoner has already served the minimum penalty of his/her indeterminate sentence ofimprisonment.

Whenever the Board of Pardons and Parole finds that there is a reasonable probability that, if released, the prisoner will be law-abiding andthat his release will not be incompatible withthe interest and welfare of society and when aprisoner has already served the minimum penalty of his/her indeterminate sentence ofimprisonment.

Page 6: Q&A Parole And Executive Clemency

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONSOF HIS PAROLE?

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONSOF HIS PAROLE?

He shall be rearrested and recommitted orreturned to prison to serve the unexpiredportion of the maximum period of his sentence.

He shall be rearrested and recommitted orreturned to prison to serve the unexpiredportion of the maximum period of his sentence.

Page 7: Q&A Parole And Executive Clemency

WHAT IS EXECUTIVE CLEMENCY?WHAT IS EXECUTIVE CLEMENCY?

It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybegranted by the president upon recommendationof the Board.

It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybegranted by the president upon recommendationof the Board.

Page 8: Q&A Parole And Executive Clemency

WHAT IS COMMUTATION OFSENTENCE?

WHAT IS COMMUTATION OFSENTENCE?

It is the reduction of the period of a prison sentence.

It is the reduction of the period of a prison sentence.

Page 9: Q&A Parole And Executive Clemency

WHAT IS CONDITIONAL PARDON?WHAT IS CONDITIONAL PARDON?

It is the conditional exemption of a guilty offender for the punishment imposed by a court.

It is the conditional exemption of a guilty offender for the punishment imposed by a court.

Page 10: Q&A Parole And Executive Clemency

WHAT IS ABSOLUTE PARDON?WHAT IS ABSOLUTE PARDON?

It is the total extinction of the criminal liabilityof the individual to whom it is granted withoutany condition whatsoever resulting to the fullrestoration of his civil rights.

It is the total extinction of the criminal liabilityof the individual to whom it is granted withoutany condition whatsoever resulting to the fullrestoration of his civil rights.

Page 11: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORCONDITIONAL PARDON?

WHO MAY FILE A PETITION FORCONDITIONAL PARDON?

A prisoner who has served at least one-half (1/2)of the maximum of the original indeterminateand/or definite prison term.

A prisoner who has served at least one-half (1/2)of the maximum of the original indeterminateand/or definite prison term.

Page 12: Q&A Parole And Executive Clemency

WHO MAY GRANT COMMUTATIONOF SENTENCE AND PARDON?

WHO MAY GRANT COMMUTATIONOF SENTENCE AND PARDON?

The President of the Philippines.The President of the Philippines.

Page 13: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

The Board may review the petition of a prisonerfor commutation of sentence if he/she meets thefollowing minimum requirements:

1. At least one half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum of his determinate and/or prison terms;

The Board may review the petition of a prisonerfor commutation of sentence if he/she meets thefollowing minimum requirements:

1. At least one half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum of his determinate and/or prison terms;

Page 14: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

2. 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;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 Revised Penal Code, as amended;

2. 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;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 Revised Penal Code, as amended;

Page 15: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;

4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;

Page 16: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

5. 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 Revised Penal Code, as amended;

5. 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 Revised Penal Code, as amended;

Page 17: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

WHO MAY FILE A PETITION FORCOMMUTATION OF SENTENCE?

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

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

Page 18: Q&A Parole And Executive Clemency

WHO MAY FILE A PETITION FORABSOLUTE PARDON?

WHO MAY FILE A PETITION FORABSOLUTE PARDON?

One may file a petition for absolute pardon if hehad served his maximum sentence or grantedfinal release and discharge or court terminationof probation.

One may file a petition for absolute pardon if hehad served his maximum sentence or grantedfinal release and discharge or court terminationof probation.

Page 19: Q&A Parole And Executive Clemency

IS A PRISONER WHO IS RELEASED ONPAROLE OR CONDITIONAL PARDONWITH PAROLE CONDITIONS PLACEDUNDER SUPERVISION?

IS A PRISONER WHO IS RELEASED ONPAROLE OR CONDITIONAL PARDONWITH PAROLE CONDITIONS PLACEDUNDER SUPERVISION?

Yes, the prisoner is placed under the supervision of a Probation and Parole Officer.

Yes, the prisoner is placed under the supervision of a Probation and Parole Officer.