CHAPTER 7
EXECUTIVE CLEMENCY, PAROLE AND
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
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Specific Document affidavits from at least two responsible
SUPPORTING community members where the petitioner lives. These affidavits
must state that the petitioner has behaved morally and lawfully
since their release. Details of the petitioner’s occupation and
DOCUMENTS OF social activities after release from prison.
PETITION FOR Clearances from
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PARDON
Proof of payment of indemnity and/or fine, or certification
from the City/Municipal Treasurer or Probation and Parole
Officer regarding financial condition.
Proof of service of sentence or certificate of Final Release and
Discharge or court's Termination Order of probation.
Referral of petition for
Absolute Pardon to a
Probation and Parole
Officer
Upon receipt of a petition for
absolute pardon, the Board must
refer the petition to a Probation and
Parole Officer (PPO) who shall
conduct an investigation on the
conduct and activities, as well as
the social and economic conditions,
of the petitioner prior to his
conviction and since his release
from prison and submit a report
thereof within fifteen (15) days from
receipt of the referral.
National security, public order, or law of
nations cases - referred by the BPP to
the Secretary of National Defense for
comment and recommendation
REFERRAL OF PETITION FOR
Election law violations - referred to the
Commission on Elections (COMELEC) for
EXECUTIVE CLEMENCY/PAROLE
favorable recommendation
TO OTHER GOVERNMENT
All other cases regardless of crime) - AGENCIES
may be referred to the Parole and Pro
bation Offoicer (PPO) for a pre-
parole/executive clemency investigation.
If petitioner is an alien - referred to the
Department of Foreign Affairs (DFA) for
comment and recommendation.
EXTRAORDINARY
CIRCUMTANCES
The trial court or appellate court in
A its decision recommended the
grant of executive clemency for
the inmate;
Under the peculiar circumstances
B
of the case, the penalty imposed
is too harsh compared to the
crime committed;
Evidence which the court failed to
consider, before conviction which
C would have justified an acquittal
of the accused;
EXTRAORDINARY
CIRCUMTANCES
Inmates who were over fifteen (15)
D years but under eighteen (18) years
of age at the time of the
commission of the offender;
LInmates who are seventy (70) years old
and above whose continued
imprisonment is inimical to their health
E as recommended by a physician of the
Bureau of Corrections Hospital and
certified under oath by a physician
designated by the Department of Health;
Inmates who suffer from serious,
contagious, or life-threatening illness
F
disease, or with severe physical disability
such as those who are totally blind,
paralyzed, bedribbedn, etc., as
recommended by a physician of the
Bureau of Corrections Hospital and
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certified under oath by a physician
deisgnated by the Department of Health;
EXTRAORDINARY
CIRCUMTANCES
G Alien inmates where diplomatic
considerations and amity among
nations necessitate review; and
H
Such other similar or analogous
circumstances whenever the interest of
justice will be served thereby.
COMMUTATION OF
SENTENCE
At least ten (10) years for inmates sentenced to one
Atleast one-third (1/3) of the definite or (1) reclusion perpetua or one (1) life imprisonment, for
aggregate prison terms; crimes/offense not punished under Republic Act No.
7659 and other special laws;
At least one-half (1/2) of the minimum At least thirteen (13) years for inmates whose
of the indeterminate prison term or indeterminate and/or definite prison terms were
aggregate minimum of the adjusted to a definite prison term of forty (40) years
indeterminate prison terms; in accordance with the provisions of Article 70 of the
Revised Penal Code as amended;
COMMUTATION OF
SENTENCE
At least fifteen (15) years for inmates convicted At least twenty (20) years for inmates sentenced
of heinous crimes/offenses as defined in to two (2) or more reclusion perpetua or life
Republic Act 7659 or other special laws, imprisonment even if their sentences were
committed on or after January 1, 1994 and adjusted to a definite prison term of forty (40)
sentenced to one (1) reclusion perpetua or one years in accordance with the provisions of Article
(1) life imprisonment; 70 of the Revised Penal code, as amended;
At least eighteen (18) years for inmates At least twenty-five (25) years for inmates
convicted and sentenced to reclusion perpetua originally sentenced to death penalty but which
or life imprisonment for violation of Republic Act was automatically reduced or commuted to
NO. 6425 or Republic Act No. 9165, and for reclusion perpetua or life imprisonment.
kidnapping for ransom or violations of the laws
on terrorism, plunder, and transnational crimes;
CONDITIONAL
PARDON
An inmate should have served at
least ½ of the maximum of the
original indeterminate and/or
definite prison term
ABSOLUTE
PARDON
An absolute pardon is a complete
forgiveness of a crime, fully restoring the
individual's rights as if the offense never
occurred.
i. Running for a public position.
ii. Needs medical treatment abroad.
iii. Will take any government examination
iv. Immigrating
GRANT OF
PAROLE
The grant of parole means a
prisoner is conditionally released
early after serving their minimum
sentence, but they remain under
government supervision until their
maximum sentence expires.
[Link] of those The Board will publish in a newspaper
the names of prisoners convicted of
Eligible for Executive heinous crimes or sentenced to life
imprisonment who may be
Clemency/Parole considered for parole or pardon.
3. Objections to Formal oppositions raised by
concerned agencies, victims, or
Petitions authorities against the grant of
parole or executive clemency, and
are considered before a final
decision is made.
PROCEEDINGS OF THE
*People can file objections against
a prisoner’s clemency/parole
BOARD
petition, supported with evidence. [Link] to Petitions
*However, objections do not
automatically disqualify the
prisoner.
*The Board will review prison
records, court decisions, and other
documents before deciding
whether to recommend clemency
or parole.
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