Backgrounder on executive clemency

The President has the power to grant executive clemency to convicts. Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons, commute sentences, or defer the implementation of sentences.

1987 CONSTITUTION

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 enumerated in Section 3 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;
    
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 Malacañang Clinic Director;
    
3. 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:

1. For Commutation of Sentence, the prisoner should have served:
    
   1. at least one-half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum of his indeterminate and/or definite prison terms.
       
   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 No. 7659 and other special laws.
       
   3. at least twelve (12) years, for prisoners whose sentences were adjusted to (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
       
   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
       
   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 (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
       
   6. at least (20) years, for those sentenced to death which was automatically commuted or reduced to reclusion perpetua or life imprisonment.
       
2. For Conditional Pardon, the prisoner should have served at least one-half (1/2) of the maximum of the original indeterminate and/or definite prison term.

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.

SECTION 6. Petition for Absolute Pardon -- the prisoner should have served his maximum sentence or granted final release and discharge or court termination of probation. However, the Board may consider a petition for absolute pardon even before the grant of final release and discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an appointive/elective public position or reinstatement in the government service; (2) will take any government examination; or (3) is emigrating, provided the petitioner shall submit an approved immigrant application.