Non- Institutional

Correction
Midterm Period
PAROLE AND
EXECUTIVEBy:CLEMENCY
JO1 Ahries P. Lorca,
MSCJ
St. Anne College Lucena Inc.
PAROLE
 NATURE, HISTORY and Pioneers OF
PAROLE
Prison crowding and the high cost of incarceration can be reduced by
releasing PDLs before they complete their full sentences. Offenders can then
be supervised on the street and sent back to prison in they violate the
conditions of their release. This system is called parole.
• What is parole?
A parole is a conditional pardon. It is the conditional release of a prisoner
from correctional institution after serving the minimum period of prison
sentence. It does not have the effect of extinguishing the criminal liability of
the offender.
• What are the objectives of parole?
1.To enable the prisoner to maintain continuity with his family life and deal
with family matters.
2.To save the prisoner from evil effects of continuous prison life.
3.To enable the prisoner to maintain and develop his self-confidence.
4.To enable the prisoner to develop constructive hope and active interest in
St. Anne
life. College Lucena Inc.
 NATURE, HISTORY and Pioneers OF
PAROLE

• What is the difference between parole

and probation?
Probation is part and parcel of the offender's
initial sentence, whereas parole comes much
later, allowing the offender early release from a
prison sentence.
Probation is handed down by the judge at
trial. ... Parole is granted by a parole board, after
the offender has served some—or perhaps a lot
of—time

St. Anne College Lucena Inc.

 NATURE, HISTORY and Pioneers OF
PAROLE Alexander
Macanochie

• Parole comes from the French word parole, referring to “word" as in

giving one's word of honor or promise. It has come to mean an
inmate's promise to conduct him or herself in a law-abiding manner
and according to certain rules in exchange for release. In penal
philosophy, parole is part of the general 19th-century trend in
criminology from punishment to reformation. Chief credit for
developing the early parole system is usually given to Alexander
Maconochie, who was in charge of the English penal colony at
Norfolk Island, 1,000 miles off the coast of Australia, and to Sir Walter
Crofton, who directed Ireland’s prisons (Cromwell and del Carmen
1999). Maconochie criticized definite prison terms and developed a
system of rewards for good conduct, labor and study. Through a
classification procedure he called the Mark System, prisoners could
progress through stages of increasing responsibility and ultimately
gain freedom.
St. Anne College Lucena Inc.
 NATURE, HISTORY and Pioneers OF
PAROLE Alexander
Macanochie

• Mark system, penal method developed about 1840 by

Alexander Maconochie at the English penal colony of Norfolk
Island (located east of Australia). Instead of serving fixed
sentences, prisoners there were held until they had earned a
number of marks, or credits, fixed in proportion to the seriousness
of their offenses. A prisoner became eligible for release when he
had obtained the required number of credits, which were
accumulated for good conduct, hard work, and study and could be
denied or subtracted for indolence or misbehavior. The mark
system symbolized the decline of the “let the punishment fit the
crime” theory of correction and presaged the use of indeterminate
sentences, individualized treatment, and parole. Above all, it
emphasized training and performance as the chief mechanisms of
reformation.
St. Anne College Lucena Inc.
 NATURE, HISTORY and Pioneers OF
PAROLE
Walter Crofton
• In 1840, he was given an opportunity to apply these principles as
superintendent of the Norfolk Island penal settlement in the South Pacific.
Under his direction, task accomplishment, not time served, was the criterion for
release, Marks of commendation were given to prisoners who performed their
tasks well, and they were released from the penal colony as they demonstrated
willingness to accept society's rules. Returning to England in 1844 to campaign
for penal reform, Maconochie tried to implement his reforms when he was
appointed governor of the new Birmingham Prison in 1849. However, he was
unable to institute his reforms there because he was dismissed from his
position in 1851 on the grounds that his methods were too lenient (Clear and
Cole 1997). Walter Crofton attempted to implement Maconichie's mark
system when he became the administrator of the Irish Prison System in 1854,
Crofton felt that prison programs should be directed more toward reformation,
and that "tickets-of-leave" should be awarded to prisoners who had shown
definitive achievement and positive attitude change.

St. Anne College Lucena Inc.

 NATURE, HISTORY and Pioneers OF
PAROLE
Walter Crofton

• After a period of strict imprisonment, Crofton began transferring offenders

to "intermediate prisons" where they could accumulate marks based on
work performance, behavior and educational improvement. Eventually
they would be given tickets-of-leave and released on parole supervision.
Parolees were required to submit monthly reports to the police, and a
police inspector helped them find jobs and generally oversaw &leir
activities. The concepts of intermediate prisons, assistance and supervision
after release were Crofton's contributions to the modern system of parole
(Clear and Cole 1997). By 1865, American penal reformers were well aware
of the reforms achieved in the European prison systems, particularly in the
Irish system. At the Cincinnati meeting of the National Association in 1870,
a paper by Crofton was read, and specific references to the Irish system
were incorporated into the Declaration of Principles, along with other such
reforms as indeterminate sentencing and classification for release based
on a mark system. Because Of Crofton's experiment, many Americans
St.referred to parole
Anne College as the Inc.
Lucena Irish System (Walker 1998).
 NATURE, HISTORY and Pioneers OF
PAROLE
Walter Crofton
• Irish system, penal method originated in the early 1850s by Sir
Walter Crofton. Modeled after Alexander Maconochie’s mark system,
it emphasized training and performance as the instruments of reform.
The Irish system consisted of three phases: a period of solitary
confinement; a period of congregate work, in which the prisoner
advanced to higher levels by credits, or “marks,” earned for industry
and good behavior; and, finally, a period in “intermediate prisons” with
minimal supervision, during which the prisoner demonstrated his
dependability and employability in the outside world. Release was
conditional upon the continued good conduct of the offender, who
could be returned to prison if it seemed advisable. Prisoners deemed
eligible for release were issued “tickets of leave” and put under the
supervision of an inspector who verified employment status and
conducted periodic visits to their new places of residence. With its
emphasis on conditional release and its use of tickets of leave, the
St. Irish
Annesystem
College Lucena Inc.
influenced the development of parole.
NATURE, HISTORY and Pioneers OF
PAROLE
Zebulon Brockway
• Zebulon Brockway, a Michigan penologist, (sometimes regarded as the
is given
"Father of prison reform" and "Father of American Parole" in the United States)
credit tor implementing the first parole system in the U.S. He
proposed a two-pronged strategy for managing prison
populations and preparing inmate; for release: indeterminate
sentencing coupled with parole supervision. He was given a
chance to put his proposal into practice in 1876 when he was
appointed superintendent at a new youth reformatory, the
Elmira Reformatory in New York. He instituted a system of
indeterminacy and parole release and is commonly credited
as the father of both in the United States. His ideas reflected
the tenor of the times - a belief that criminals could be
reformed, and that every prisoner’s treatment should be
St. Anne College Lucena Inc.
 NATURE, HISTORY and Pioneers OF
PAROLE
• On being admitted to Elmira, each inmate (males between the
ages of sixteen and thirty) was placed in the second grade of
classification. Six months Of good conduct meant promotion
to the first grade - misbehavior could result in being placed in
the third grade, from which the inmate would have to work his
way back up, Continued good behavior in the first grade
resulted in release. Paroled inmates remained under the
jurisdiction of authorities for an additional six months, during
which the parolee was required to report on the first day of
every month to his appointed volunteer guardian (from which
parole officers evolved) and provide an account of his
situation and conduct (Abadinsky 1997). Written reports
became required and were submitted to the institute after
St.being signed by
Anne College the parolee's
Lucena Inc. employer and guardian.
 NATURE, HISTORY and Pioneers OF
PAROLE
• Indeterminate sentencing and parole spread rapidly
through tie United States. In 1907, New York became
the first state to formally adopt all the components of
a parole system: indeterminate sentences, a system
for granting release, post-release supervision and
specific criteria for parole violation. By 1927, only
three states (Florida, Mississippi and Virginia) were
without a parole system, and by 1942, ail states and
the federal government had such systems (Clear and
Cole 1997).

St. Anne College Lucena Inc.

 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
• The purpose of the law is to uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of personal liberty and
economic usefulness (People v. Temporada, December 2008). As a rule, it is
intended to favor the accused particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental, and
moral record as a prisoner to be determined by the Board of Indeterminate
Sentence.
• Indeterminate sentence is a sentence with a minimum term and a
maximum benefit in favor of the guilty person, who is not disqualified
therefore, when the maximum penalty of imprisonment exceeds one year. It
applies to both violations of the Revised Penal Code (RPC) and special laws.
• Application on the imposed sentence
A sentence with a minimum term and a maximum term which, the court is
mandated to impose for the benefit of a guilty person who is not disqualified
therefore, when the maximum imprisonment exceeds one year. It applies to
St. Anne
both College
violations Lucena
of the Inc.Special Penal Laws (SPL).
RPC and
 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
• TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN
EACH OF THEIR PERIODS

Reclusion temporal:

Included in the penalty in its entirety: From 12 years and 1 day to 20 years
Included in its minimum period: From 12 years and 1 day to 14 years and 8 months
Included in its medium period: From 14 years, 8 months and 1 day to 17 years and 4 months
Included in its maximum: From 17 years, 4 months and 1 day to 20 years

Prision mayor, absolute disqualification and special temporary disqualification:

Included in the penalty in its entirety: From 6 years and 1 day to 12 years
Included in its minimum period: From 6 years and 1 day to 8 years
Included in its medium period: From 8 years and 1 day to 10 years
Included in its maximum: From 10 years and 1 day to 12 years

St. Anne College Lucena Inc.

 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
• TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME
INCLUDED IN EACH OF THEIR PERIODS
Prision correccional, suspension and destierro:
Included in the penalty in its entirety: From 6 months and 1 day to 6 years
Included in its minimum period: From 6 months and 1 day to 2 years and 4 months
Included in its medium period: From 2 years, 4 months and 1 day to 4 years and 2 months
Included in its maximum: From 4 years, 2 months and 1 day to 6 years

Arresto mayor:
Included in the penalty in its entirety: From 1 month and 1 day to 6 months
Included in its minimum period: From 1 month to 2 months
Included in its medium period: From 2 months and 1 day to 4 months
Included in its maximum: From 4 months and 1 day to 6 months

Arresto menor:
Included in the penalty in its entirety: From 1 to 30 days
Included in its minimum period: From 1 to 10 days
Included in its medium period: From 11 to 20 days
Included in its maximum: From 21 to 30 days
St. Anne College Lucena Inc.
 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
• Coverage of ISLAW
1. The Revised Penal Code (RPC) The court shall sentence the
accused to an indeterminate sentence , the MAXIMUM TERM of
which shall be that which, in view of the attending circumstances,
could be properly imposed under the Code, and the MINIMUM
TERM which shall be within the range of the penalty next lower in
degree to that prescribed by the Code for the offense.
The maximum is the penalty imposed as provided by law, depending
upon the attending circumstances. The minimum is one degree next
lower to the penalty prescribed for the offense. The latter is
determined without considering the attending circumstances to the
penalty prescribed and is left to the discretion of the court (People v.
Yco, 6545, July 27, 1954).
St. Anne College Lucena Inc.
 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)

• Illustrative Example:
Homicide with one mitigating circumstance. The maximum
penalty prescribed by law is Reclusion Temporal. Since there is
one mitigating and no aggravating, it Will be in the minimum or
reclusion temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion temporal
without considering the mitigating circumstance and that will
be prision mayor. The range of prision mayor will depend upon
the discretion of the court. Therefore, the indeterminate
penalty is a minimum of prision mayor (within the range fixed
by the court) to a maximum of reclusion temporal minimum
period.
St. Anne College Lucena Inc.
 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)

• Coverage of ISLAW
2. Special Penal Laws (SPL)
The court shall sentence the accused to an indeterminate
sentence, the MAXIMUM TERM of which shall not exceed the
maximum fixed by said law, and the minimum shall not be less
than the MINIMUM TERM prescribed by the same.
Illustrative Example:
Penalty is one year to five years. Indeterminate sentence may
be one year to three years, or three years to five years.

St. Anne College Lucena Inc.

 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
ISLAW is not applicable to persons who are:
1. Convicted of offenses punished with death or life imprisonment
2. Those convicted of treason, Conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents
Note: Recidivists are entitled. to an indeterminate sentence (People v.
Jaranilla, 1974).
4. Those who shall have escaped from confinement or evaded sentence.
Note: A minor who escaped from confinement in the reformatory is
entitled to the benefits of the law because confinement is not considered
imprisonment (People v. Perez, 44 OG 3884).

St. Anne College Lucena Inc.

 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
ISLAW is not applicable to persons who are:
5. Those who having been granted conditional pardon by the President
shall have violated the terms thereof.
6. Those whose maximum period of imprisonment does not exceed one
year.
Note: The application of which is based upon the penalty actually
imposed in accordance with law (People v. Hidalgo, 452, Jan. 22, 1962).
7. Those already serving final judgment upon the approval of this Act
(December 5, 1933).
8. Those sentenced to the penalty of destierro or suspension.

St. Anne College Lucena Inc.

 Indeterminate Sentence Law (ISLAW)
(Act No. 4103 as amended, Dec. 5, 1933)
ISLAW is not applicable to persons who are:
Note:
• Whenever any prisoner who shall have served the minimum penalty
imposed on him, the Board of Indeterminate Sentence may, in its
discretion, and in accordance with the rules and regulations adopted
thereunder, authorize the release of such prisoner on parole. If during the
period of surveillance, such parolee shall show himself to be a law-
abiding citizen and shall not violate any of the laws of the Philippines, the
Board may issue a certificate of release in his favor. Whenever any
prisoner released on parole shall, during the period of surveillance,
violate any of the conditions of his parole, the Board may issue an order
for his re-arrest and shall serve the remaining unexpired portion of the
maximum sentence.
• The application of the Indeterminate Sentence Law is mandatory if the
imprisonment would exceed one year. It would be favorable to the
St.accused
Anne College
(PeopleLucena
v. JudgeInc.
German Lee, Jr., 86859, Sept. 12, 1984).
 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
SECTION 3. National Prisoner Confined in a Local Jail. — The Board may not consider the
release on pardon/parole of a national prisoner who is serving sentence in a municipal, city,
district or provincial jail unless the confinement in said jail is in good faith or due to
circumstances beyond the prisoner’s control. A national prisoner, for purposes of these
Rules, is one who is sentenced to a maximum term of imprisonment of more than three (3)
years or to a fine of more than five thousand pesos; or regardless of the length of sentence
imposed by the Court, to one sentenced for violation of the customs law or other laws
within the jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to
serve two (2) or more prison sentences in the aggregate exceeding the period of three (3)
years.
SECTION 4. Scope of Authority. — The Board may consider the case of a prisoner for
executive clemency or parole only after his case has become final and executory. It will not
take action on the petition of a prisoner who has a pending criminal case in court or when
his case is on appeal. In case the prisoner has one or more co-accused who had been
convicted, the Director/Warden concerned shall forward their prison records and carpetas
at Anne
St. the same time. Lucena Inc.
College
 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
SECTION 13. Review of Cases for Parole. — Unless otherwise disqualified
under Section 15 of these Rules, a case for parole of a prisoner shall be
reviewed upon a showing that he is confined in prison or jail to serve an
indeterminate sentence, the maximum period of which exceeds one (1) year,
pursuant to a final judgment of conviction and that he has served the
minimum period of said sentence.
SECTION 14. Grant of Parole. — A prisoner may be granted parole whenever
the Board finds that there is a reasonable probability that if released, he will be
law-abiding and that his release will not be incompatible with the interest and
welfare of society.

St. Anne College Lucena Inc.

 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
SECTION 15. Disqualification for Parole. — The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’état;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;
i. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
St.
k. Those who
Anne have pending
College Lucena criminal case/s.
Inc.
 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
SECTION 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives
of Victim/Witness Compromised. — If, based on the Pre-Parole Investigation
Report conducted on the prisoner, there is a clear and convincing evidence that
his release on parole will endanger his own life and those of his relatives or the
life, safety and well being of the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred until the danger
ceases.
SECTION 27. Parole Supervision. — After release from confinement, a client
shall be placed under the supervision of a Probation and Parole Officer so that
the former may be guided and assisted towards rehabilitation. The period of
parole supervision shall extend up to the expiration of the maximum sentence
which should appear in the Release Document, subject to the provisions of
Section 6 of Act No. 4103 with respect to the early grant of Final Release and
Discharge.
St. Anne College Lucena Inc.
 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
SECTION 38. Progress Report. — When a parolee/pardonee commits another
offense during the period of his parole surveillance, and the case filed against
him has not yet been decided by the court, a Progress Report should be
submitted by the Probation and Parole Officer to the Board.
SECTION 39. Report of Parole Infraction/Violation. —Any violation of the
terms and conditions appearing in his Release Document or any serious
deviation or non-observance of the obligations set forth in the parole
supervision program shall be immediately reported by his Probation and Parole
Officer to the Board. The report shall be called Infraction Report when the
client has been subsequently convicted of another crime.
SECTION 40. Arrest of Client. — Upon receipt of an Infraction Report, the
Board may order the arrest or recommitment of the client.

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 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
SECTION 41. Effect of Recommitment of Client. — The client who is
recommitted to prison by the Board shall be made to serve the remaining
unexpired portion of the maximum sentence for which he was originally
committed to prison.
SECTION 42. Cancellation of Pardon/Parole. — The Board may recommend
the cancellation of the pardon or cancel the grant of parole of a client if it finds
that material information given by said client to the Board, either before and
after release, was false, or incomplete or that the client had willfully or
maliciously concealed material information from the Board.
SECTION 43. Review of Case of Recommitted Parolee. — The Board may
consider the case of a recommitted parolee for the grant of a new parole after
the latter shall have served one-fourth (1/4) of the unserved portion of his
maximum sentence.
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 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
VIII. Termination of Parole and Conditional Pardon Supervision
SECTION 44. Certificate of Final Release and Discharge. — After the expiration
of the maximum sentence of a client, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer that the client has
substantially complied with all the conditions of his parole/pardon, issue a
certificate of Final Release and Discharge to a parolee or pardonee. However,
even before the expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer, the Board may
issue a certificate of Final Release and Discharge to a parolee/pardonee
pursuant to the provisions of Section 6 of Act No. 4103, as amended. The
clearances from the police, court, prosecutor’s office and barangay officials
shall be attached to the Summary Report.

St. Anne College Lucena Inc.

 REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
VIII. Termination of Parole and Conditional Pardon Supervision
SECTION 45. Effect of Certificate of Final Release and Discharge. — Upon the
issuance of a certificate of Final Release and Discharge, the parolee/pardonee
shall be finally released and discharged from the conditions appearing in his
release document. However, the accessory penalties of the law which have not
been expressly remitted therein shall subsist.
SECTION 46. Transmittal of Certificate of Final Release and Discharge. — The
Board shall forward a certified true copy of the certificate of Final Release and
Discharge to the Court which sentenced the released client, the Probation and
Parole Officer who has supervision over him, the client, the Bureau of
Corrections, the National Bureau of Investigation, the Philippine National Police
and the Office of the President.

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EXECUTIVE
CLEMENCY
 What is Executive Clemency?
It is an act of mercy or leniency from certain consequences of a
criminal conviction and is exercised by the President after receipt of
a recommendation from the BPP.
It refers to the Commutation of Sentence, Reprieve, Amnesty,
Conditional Pardon and Absolute Pardon maybe granted by the
president upon recommendation of the Board.
As provided under Section 19 of Article VII of the present
Constitution “Except in case of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves,
commutation of sentence, and pardons and remit fines and
forfeitures after conviction by final judgment.”
St. Anne College Lucena Inc.
 Executive Clemency
Commutation of Sentence– refers to the reduction of the
duration of a
prison sentence of a prisoner.
Who may file Commutation of Sentence?
The Board may review the petition of a prisoner for commutation of sentence if the following
minimum requirements are met:
 At least one-third (1/3) of the prison terms;
 At least one half (1/2) of the minimum of indeterminate or aggregate minimum of of the indeterminate
prison terms;
 At least ten (10) years for inmates sentenced to one (1) Reclusion Perpetua or one (1) life imprisonment,
for crimes/offenses not punishable under Republic Act No. 7659 (Republic Act No. 7659. An Act To
Impose The Death Penalty On Certain Heinous Crimes) and other special laws.
 At least thirteen (13) years, for inmates whose indeterminate and/or definite prison term were adjusted
St. toAnne College
a definite Lucena
prison term Inc.
of forty (40) years.
 Executive Clemency
Who may file Commutation of Sentence?
The Board may review the petition of a prisoner for commutation of sentence if the
following minimum requirements are met:
 At least fifteen (15) years for inmates 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;
 At least eighteen (18) years for inmates sentenced to Reclusion Perpetua or life imprisonment for
violation of RA 6495, as amended, otherwise known as “The Dangerous Drugs Act of 1972”, or RA
9165, known as “The Comprehensive Dangerous Drugs Act of 2002”, and for kidnapping for ransom, or
violation of the laws on terrorism, plunder, and transnational crimes;
 At least twenty (20) years, for inmates sentenced to two (2) or more Reclusion Perpetua or life
imprisonment even if their sentences were adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as amended; At least twenty-
five (25) years for inmates originally sentenced to death penalty but which was automatically reduced
or commuted to Reclusion Perpetua or life imprisonment.
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Executive Clemency
What is Reprieve?
Given to the convicted offender which 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. The
suspension of the execution of the death penalty for a
period of time. Reprieve is generally an act of clemency
that is extended to a prisoner in order to give him or
her an opportunity to find a means or reason for
reducing
St. theLucena
Anne College sentence
Inc. imposed.
 Executive Clemency
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 a pardon or a commuted sentence, does not
negate a sentence unless the reinvestigation shows
that the prisoner has been unjustly tried or sentence.

St. Anne College Lucena Inc.

 Executive Clemency
Reprieve-
When may a death sentence be suspended?
Women, while pregnant and within 1 year after
delivery,
Person over 70 years of age,
In cases, wherein a convicted prisoner became insane
before the actual date of execution

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 Executive Clemency
What is Amnesty?
 Amnesty is a power granted to the President by the 1987 Constitution.
 Under Section 19, Article VII of the Constitution, the President has the
power to "grant amnesty with the concurrence of a majority of all the
Members of the Congress." This is on top of related presidential powers such
as granting reprieves, commutations, and pardons, and remitting fines and
forfeitures, after conviction by final judgment.
 The President would sign and issue a proclamation announcing the amnesty.
It may also specify the terms of the amnesty, such as its coverage and its
effects.

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 Executive Clemency
How is amnesty different from pardon?
 Supreme Court cases like Barrioquinto vs. Fernandez (1949) and People vs.
Casido (1997) distinguished amnesty from pardon.
 Amnesty is a public act granted by the President and should have Congress'
concurrence, while pardon is a private act "pleaded and proved by the person
pardoned.“
 Amnesty may be "granted to classes of persons or communities who may be
guilty of political offenses, generally before or after the institution of the
criminal prosecution and sometimes after conviction." Meanwhile, pardon
may be granted to a person after conviction.

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 Executive Clemency
How is amnesty different from pardon?
 Amnesty "looks backward and abolishes and puts into oblivion the offense itself"
as if no crime has been committed. Pardon, on the other hand, "looks forward
and relieves the offender from the consequences of an offense of which he has
been convicted" but does not automatically restore one's political rights (unless
restored by the terms of pardon) and does not absolve him or her from paying
civil indemnity.
For instance, soldiers and personnel in the 2003 Oakwood mutiny and the 2007
Manila Peninsula siege – which included Trillanes – as well as those in the 2006
Marines standoff applied for the amnesty granted through Proclamation No. 75
signed in November 2010. A committee in the Department of National Defense
(DND) processed all applications.
Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of torture,
St. crimes
Anneagainst
College Lucena
chastity Inc.
and other crimes committed for personal ends."
 Executive Clemency
What is Pardon?
Pardon is the remission of a penalty. It is an act of grace or
forgiveness that relieves the person pardoned from some or
all of the ramifications of lawful punishment. A pardon
maybe conditional or unconditional. Pardons do not erase
the conviction or seal a conviction; a pardon forgives guilt. It
vested to the Chief Executive (The President) as a matter of
power.
 Pardon is granted only after conviction

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 Executive Clemency
Absolute Pardon - An act of grace, proceeding from the
power entrusted with the execution of the laws, Exempts
the individual from the penalty of the crime he has
committed. It is the total extinction of the criminal liability
of the individual to whom it is granted without any
condition whatsoever resulting to the full restoration of his
civil rights. It restores to the individual his civil and political
rights and remits the penalty imposed for the particular
offense of which he was convicted.

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 Executive Clemency
Who may file a petition for Absolute Pardon?
One may file a petition for absolute pardon if the maximum sentence
is served or granted final release and discharge or court termination
of probation.
Does absolute pardon erase criminal record?
"An absolute pardon not only blots out the crime committed, but
removes all disabilities resulting from the conviction," and that,
"when granted after the term of imprisonment has expired, absolute
pardon removes all that is left of the consequences of conviction."

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 Executive Clemency
Conditional Pardon - It is the conditional exemption of a
guilty offender for the punishment imposed by a court. If
delivered and accepted, it is a contract between the
executive and the convict that the former will release the
latter upon compliance with the condition.
Example of a condition:
Not to violate any of the penal laws of the country again.
 It is also granted by the President to release a PDL who has
been reformed but is not eligible to be release on parole.

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 END OF
PRESENTATION
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