CHAPTER 2:

EXECUTIVE CLEMENCY

What is an Executive Clemency?

Clemency simply means leniency or mercy. A power given to a public official, such as a
governor of the president, to in some way lower of moderate the harshness of punishment imposed
upon a prisoner. Clemency is considered to be an act of grace. It is based on the policy of fairness,
justice, and forgiveness is not a right but rather a privilege, and one who is granted clemency does not
have the crime forgotten, as in amnesty, but is forgiven and treated more leniently for the criminal
acts

Executive Clemency is the power of a President in state convictions, to pardon a person

convicted of a crime, commute the sentence (shorten it, often to time already served), or reduce it
from death to another lesser sentence. There are many reasons for exercising this power, including
real doubts about the guilt of the party, apparent excessive sentence, humanitarian concerns such as
illness of an aged inmate, to clear the record of someone who has demonstrated rehabilitation or
public service, or because the party is a political or personal friend of the Governor.

It is an executive function and not a function of the judiciary. It is also a hon-delegable

power and it can only be exercised by the President of the Philippines personally. (Villena vs.
Secretary of the Interior, 67 Phil. 451, 453)

The President extends executive clemency for administrative penalties. The Constitution
makes no distinction with regard to the extent of the pardoning power except with respect to
impeachment. (Llamas vs. Orbos, G.R. No. 99031, Oct. 15, 1991)

The Plenary Power of the President to Grant Executive Clemency

Executive Power under Section 1 of Article VII, 1987 Philippine Constitution is defined
as the power to enforce and administer the laws, which means carrying them into practical operation
and enforcing their due observance. The President shall ensure that laws are faithfully executed.
(Section 17, Article VII, 1987 Philippine Constitution)

NOTES:

Faithful Execution Clause or “Take-Care” Clause

 The power to take care that the laws be faithfully executed. (Sec. 17, Art. VII, 1987
Constitution)

 The law he is supposed to enforce includes the Constitution, statutes, judicial decisions,
administrative rules and regulations and municipal ordinances, as well as treaties entered into
by the government.

-------------------------------------------------------------------
 Another mandated power of the President under the 1987 Philippine Constitution is the
Pardoning Power. Pardon is the act of grace by the Chief Executive exempting the individual on
whom it is bestowed from punishment which the law inflicts for a crime he has committed.
Pardon may be granted only after conviction by final judgment.

Section 19 of Article VII of the 1987 Philippine Constitution authorizes the President of
the Republic of the Philippines to grant not only pardon but also reprieve, commutation of
sentence, remission of fines and forfeitures, and amnesty. It provides:

“Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution,

the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures after
conviction by final judgment.”

He shall also have the power to grant amnesty with the concurrence of a majority of all
Members of the Congress.” (Emphasis supplied)

Limitations on the Exercise of the Power to Grant Pardon

1. It cannot be granted in cases of impeachment.

2. Impeachment has been defined as a method of national inquest into the conduct of public
men.

3. It cannot be granted in cases of violation of election laws without the favorable

recommendation of the Commission on Elections. (Sec.5, Art. 9 of the 1987 Constitution)

4. It can only be granted after conviction by final judgment.

The second limitation is based on the constitutional provision under Article IX(C)

(5). The Commission on Elections. Section 5 provides:

“Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules,
and regulations shall be granted by the President without the favorable recommendation of the
Commission.”

------------------------------------------------------------

NOTES:
Extinction of Criminal Liabilities (As Amended by R.A. No. 10592 (An Act Amending Articles
29, 94, 97, 98 AND 99 OF ACT NO. 3815, as amended, otherwise known as the Revised Penal
Code))

Total Extinction Criminal liability is totally extinguished in the following cases: [CP DeSAAM]
1. Prescription of Crime (the loss of the state's right to prosecute a violation after a specific time)
2. Prescription of Penalty (the loss of the state's right to enforce punishment after a conviction)
 3. Death of the convict (as to the personal penalties; and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs before final judgment)
4. Service of sentence
5. Amnesty (which completely extinguishes the penalty and all its effects. Extinction of criminal
liability does not necessarily mean that civil liability is also extinguished.)
6. Absolute pardon
7. Marriage of the offended woman, as provided in Art. 344 of the RPC. (in cases of seduction,
abduction, rape and acts of lasciviousness, as provided in Art. 344 of the RPC; (Art. 89, RPC)
--------------------------------------------------

Causes Of Total Extinction of Criminal Liability Under Article 89 of the Revised Penal Code
(RPC)
1. DEATH OF CONVICT - death of convict extinguishes criminal liability at any stage of
the criminal proceeding; civil liability is likewise extinguished if death occurs before
final judgment. If death occurs, there will be nobody to serve the penalty for the crime. The
death of the convict, whether before or after final judgment, extinguishes criminal
liability, because one of the juridical conditions of penalty is that it is personal.

What are the Effects of Death of the Accused?

a. Death of the offender before or during trial.
 If death occurs before or during the trial, the criminal case must be dismissed. This is so
because of the preservation of the constitutional rights of the deceased accused who would
not be anymore in a position to defend himself. Further, it would be useless to proceed
because the ends of criminal justice (Retribution and rehabilitation) could not anymore be
served. There would be no convict upon whom the personal penal consequences of the
offense could be imposed, neither is there a culprit who needs rehabilitation. (Domandon,
Primus Pre-Bar Review Division, 2009 Wrap-Up Review Notes in Criminal Law, p.97)

b. Death of accused pending appeal.

 The death of the accused pending the appeal of his conviction will extinguish his criminal
liability as well as his civil liability arising from the crime committed.

However civil liability arising from sources other than the crime committed survives and may
be pursued in a separate civil action. Sources of civil liability other than crime are law,
contracts, quasi-contracts, and quasi-delicts. (People vs. Bayatas, G.R. No. 152007, September
2, 1994)

Following are the sources of obligations: (Juridical necessity to give, to do and not to do)
1) Law;
2) Contracts;
3) Quasi-contracts;
4) Acts or omissions punished by law; and
5) Quasi-delicts.

c. While death pending appeal extinguishes criminal liability, the Supreme Court may still
review the case.
  The accused's death pending appeal of his conviction results to automatic dismissal of the
charges. The Supreme Court may however, review the case and if the accused is found
innocent, shall render the appropriate judgment, belated though it may be to vindicate his
sullied honor and redeem his memory from an undeserved accusation. (Domondon, Primus,
2009 Wrap-Up Review Notes in Criminal Law, p.97, citing Dumlao vs. Court of Appeals, et
al., G.R. No. L-51625, October 5, 1988)

Question:
A prisoner who had been convicted, but whose appeal was pending, died due to complications caused
by COVID-19. Should the prisoner’s pending appeal be dismissed as a consequence? Explain briefly.
(2020-21 BAR)

Answer:
A: YES, the appeal shall be dismissed due to the death of the prisoner. Criminal liability is totally
extinguished by the death of the convict, as to the personal penalties and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final judgment.
(Art. 89, RPC)

In this case, both the criminal and civil liability are extinguished since the death of the prisoner
occurred before final judgment or pending appeal. Civil liability arising from other sources of
obligation other than delict may, however, proceed against the estate of the deceased prisoner.

2. SERVICE OF THE SENTENCE - after the convict served his sentence, his Criminal liability is
automatically extinguished. However, service of sentence does not extinguish his civil
liability.

Crime is a debt incurred by the offender as a consequence of his wrongful act and the penalty is
but the amount of his debt. When payment is made, the debt is extinguished.

-------------------------------

NOTES:

 Every person criminally liable for a felony is also civilly liable. (Art. 100, RPC)

RULE ON IMPLIED INSTITUTION OF CIVIL ACTION WITH CRIMINAL ACTION

General rule: The institution or filing of the criminal action includes the institution therein of the
civil action for recovery of civil liability arising from the offense charged.

XPNs: When the offended party:

1. Waives the civil action;

2. Reserves his right to file a separate civil action; or
3. Institutes a civil action prior to the criminal action. (Sec. 1, Rule 111, ROC, as amended)
EFFECT OF DEATH OF ACCUSED OR CONVICT ON CIVIL ACTION

If the accused died:

1. After arraignment and during the pendency of the criminal action

General Rule: The civil liability of the accused based on the crime (civil liability ex delicto)
is extinguished.

XPNs:
a. Independent civil action based on Arts. 32 33, 34 and 2176 of the Civil Code; and
b. Civil liability predicated on other sources of obligations, i.e., law, contract, and quasi
contract, which are subsequently instituted.

2. Before arraignment – the offended party may file the civil action against the estate of the
deceased. (Sec. 4, Rule 111, ROC, as amended)
3. Pending appeal
a. Civil liability arising from the crime is extinguished
b. Civil liability predicated from another source survives i.e., civil liability arising from law,
contracts, quasi-contract and quasi-delict.
--------------------------------------------------------------------

3. AMNESTY - is granted by Proclamation of the Chief Executive with the concurrence of

Congress. It is a public act of which the courts should take judicial notice. Criminal action or
liability is totally extinguished by amnesty, completely extinguishing the penalty and its
effects.

Amnesty is an act of the sovereign power granting oblivion or a general pardon for a past
offense, and is rarely, if ever, exercised in favor of a single individual. It is usually exerted in
behalf of certain classes of persons, who are subject to trial but have not yet been convicted.
(Reyes, Revised Penal Code (Book Two), 14th ed., p. 831 citing Brown vs. Walker, 161 U.S.
602)

NOTES:

Requisites of amnesty

1. Concurrence of a majority of all the members of Congress (1987 Constitution, Art. VII, Sec.
19); and
2. A previous admission of guilt (Vera v. People, G.R. No. L-18184, 31 Jan. 1963)

Effects of the grant of amnesty

 The total extinguishment of the criminal liability and of the penalty and all its effects.
 Amnesty reaches back to the past and erases whatever shade of guilt there was.
 In the eyes of the law, a person granted amnesty is considered a new-born child.
 NOTE: However, amnesty does not excuse the accused from paying the civil indemnity. It subsists
notwithstanding service of sentence, or for any reason the sentence is not served by pardon, amnesty
or commutation of sentence.

The specific forms of civil liability—restitution, reparation, and indemnification

1. Restitution

 Restitution refers to the return of the thing taken by the offender to its lawful owner. It applies
primarily to crimes against property, such as theft, robbery, or estafa.

2. Reparation

 Reparation refers to the payment for the damage caused to the property of the offended party
if restitution is not possible. This applies when the thing taken or destroyed can no longer be
returned.

3. Indemnification for Consequential Damages

 Indemnification pertains to the compensation for consequential damages suffered by the

offended party. Unlike restitution or reparation, which deal with property, indemnification
includes non-property damages, such as physical injuries, loss of income, moral damages, or
death.

TYPES OF DAMAGES
1. Moral
2. Actual
3. Temperate
4. Exemplary
5. Nominal

AMNESTY PARDON
Nature of the offense
Addressed to political offenses. Addressed to ordinary offenses.
As to whom granted
Granted to a class of persons. Granted to individuals.

As to concurrence of Congress
Requires concurrence of majority of all members Does not require concurrence of Congress.
of Congress.

When granted
May be granted before or after conviction. Only granted after conviction by final judgment.
4. ABSOLUTE PARDON - looks forward and relieves the offender from the consequences of an
offense of which he has been convicted. An absolute pardon not only blots out the crime
committed but also removes all disabilities resulting from the conviction.

As to presence of condition
Absolute pardon One extended without any The offender has no option at
conditions; totally all and must accept it whether
extinguishes criminal liability; he likes it or not.
and
Conditional pardon One under which the convict is The offender has the right to
required to comply with reject it since he may feel that
certain requirements. the condition imposed is more
onerous than the penalty
sought to be remitted.

Effects of the grant of pardon

1. Frees the individual from all the penalties and legal disabilities imposed upon him by the
sentence; and

NOTE: Art. 36, RPC. Pardon; its effect: A pardon shall in no case exempt the culprit from
the payment of the civil indemnity

2. Restores to him all his civil and political rights.

NOTE: A pardon does not automatically restore the right to hold public office, or the right of
suffrage. Such rights must be expressly restored by the terms of the pardon. (Art. 36, RPC)

Options of the convict when granted pardon

1. Conditional Pardon– The offender has the right to reject it since he may feel that the
condition imposed is more onerous than the penalty sought to be remitted; and

2. Absolute Pardon– The offender has no option at all and must accept it whether he likes it or
not.

-----------------------------------------------------

5. PRESCRIPTION OF PENALTY - is the loss or waiver of the State of its right to punish the
convict. In other words, prescription of penalty is the loss or forfeiture of the right of the
Government to execute the final sentence after the lapse of a certain time.

Prescription of penalty occurs when the convict escapes from detention or evades the service
of his sentence. Evasion of service of sentence is a condition precedent to the running of the
period. The tolling of period of prescription of penalty occurs when he commits another
 crime, or is captured or goes to another country with which the Philippines has no
extradition treaty.

NOTE:

An extradition treaty is a formal, written agreement between two or more countries to surrender
individuals accused or convicted of crimes in one country to the other country where the crime
was committed or a penalty is to be served.

Commencement Date of Prescription Period

 Period commences to run from the date when the culprit evaded the service of sentence [Art.
93, RPC].

When Interrupted
1. Convict gives himself up [Art. 93, RPC]
2. Convict is captured [Art. 93, RPC]
3. Convict goes to a foreign country with which the Philippines has no extradition treaty [Art.
93, RPC]
4. Convict commits any crime before the expiration of the period of prescription [Art. 93, RPC]

-----------------------------------------

Prescriptive period means the period within which a specified action must be filed.
(Encarnacion, et al. vs. Producers Bank, et al., G.R. No. 92943, May 8, 1992)

Two conditions necessary in prescription of penalty

a. That there is a final judgment.
b. That the period of time prescribed by law for its enforcement has lapsed.

Prescriptive Period of Penalties under Article 92 of the RPC

a. Death and reclusion perpetua - 20 years
b. Other afflictive penalties-15 years
c. Correctional penalties - 10 years except for the penalty of arresto mayor which prescribes in 5
years
d. Light penalties-1 year

How to Compute the Prescription of Penalties

A. Period of prescription commences to run from the date when the culprit evaded the service of
his sentence.

B. It is interrupted when the convict:

a. Gives himself up to the authorities;
b. When he is captured;
c. Goes to a foreign country with which we have no extradition treaty, or
d. Commits any crime before the expiration of the period of prescription.

6. PRESCRIPTION OF CRIME OR OFFENSE - refers to the loss or waiver of the right of the
State to prosecute offenders after the lapse of certain time. It cannot be waived or extended
since it is for the benefit of the accused. Once prescription has set in, the courts automatically
lose jurisdiction.
What is the Effect of Prescription of the Crime?
The Supreme Court ruled that: “As prescription of the crime is the loss by the State of the
right to prosecute and punish the same, it is absolutely indisputable that from the moment the State
has lost or waived such right, the defendant may, at any stage of the proceeding, demand and ask that
the same be finally dismissed and he be acquitted from the complaint, and such petition is proper and
effective even if the court taking cognizance of the case has already rendered judgment and said
judgment is merely in suspense, pending the resolution of a motion for a reconsideration and new
trial, and is more so since in such a case there is not yet any final and irrevocable judgment.” (Herrera,
Remedial Law IV, 2007 ed., p. 665 citing People vs. Moran, 44 Phil. 391)

Prescriptive Period of Crimes under Art. 90 of RPC

A. Death, Reclusion perpetua or reclusion temporal-20 years

B. Other Afflictive penalties-15 years
C. Correctional penalties-10 years except those punishable by arresto mayor, which shall
prescribe in 5 years.
D. Crime of libel-1 year
E. Oral defamation and slander by deed - 6 months

F. Light offenses - 2 months

G. Crimes punishable by fines:
a. If fine is afflictive - 15 years
b. If it is correctional - 10 years
c. If it is light-2 months

Prescriptive Period of Offenses Punished under Special Laws and Municipal Ordinance:

Act No. 3763, amending Act No. 3326, provides:

a. Offenses punishable only by a fine or by imprisonment for not more than one month, or both-
prescribe after one (1) year;
b. Offenses punishable by imprisonment for more than one month, but less than two years-
prescribe after 4 years;
c. Offenses punishable by imprisonment for two years or more but less than six years after 8
years;
d. Offenses punishable by imprisonment for six years or more-after 12 years;
e. Offenses under the Internal Revenue Law-after 5 years;
f. Violations of municipal ordinances-after 2 months; and
g. Violations of regulations or conditions of certificate of convenience by the Public Service
Commission (now the DOTC) - after 2 months.

Take Note: Act No. 3326 is not applicable where the special penal law provides for its own
prescriptive period.
-----------------------------------------------

NOTE:

Prescription for Special Laws and Municipal Ordinances [Sec. 1, Act No. 3326]

Penalty Provided by Law Prescriptive Period

Imprisonment of 6 years and more 12 years

Imprisonment of 2 years and more but less than 6 8 years

years

Imprisonment for more than 1 month, but less 4 years

than 2 years

Imprisonment of not more than 1 month 1 year

Fine 1 year

CRIME PRESCRIPTIVE PERIOD

Violation of municipal ordinances 2 Months

Violation of National Internal Revenue Code 5 years [Sec. 281, National Internal Revenue
Code of 1997]

Violations of orders, decisions and regulations, of 60 days [Sec. 28, Public Service Act (C.A. No.
or conditions of certificate of convenience by the 146)]
Public Service Commission

Ground for Motion to Quash

 Under the Rules of Court, the failure of the accused to assert the extinction of the offense in a
motion to quash shall not be deemed a waiver of such ground. Prescription of crime may be
raised anytime including during appeal [Recebido v. People, G.R. No. 141931 (2000)]

-----------------------------

PRESCRIPTION OF CRIMES PRESCRIPTION OF PENALTIES

Loss or forfeiture of the State to prosecute. Loss or forfeiture of the State to enforce
judgment.
Starts counting upon discovery of the Starts counting upon the escape or evasion of
commission of the crime. service of sentence.
Mere absence from the Philippines interrupts the Absence from the Philippines interrupts the
running of the prescription period only when he goes to a foreign country
without extradition treaty with us
Commission of another crime before the Commission of another crime before expiration
expiration of the period does not interrupt of the period interrupts the prescription.
prescription.
 7. MARRIAGE OF THE OFFENDED WOMAN UNDER ARTICLE 344, RPC - marriage of
the offender with the offended woman after the commission of any of the crimes of rape,
seduction, abduction or acts of lasciviousness, as provided in Art. 344, must be contracted by the
offender in good faith.

NOTES:

General Rule: A pardon of the offended party does not extinguish criminal action [Art. 23, RPC].

Exception: As to those mentioned under Art. 344

Effect of Marriage [Art. 344, RPC]

1. Marriage of the offender with the offended party in seduction, abduction, acts of
lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed.

2. It also extinguishes the criminal actions against the co-principals, accomplices, and
accessories.

Note:

The second point does not apply to rape since it has ceased to be a crime against chastity, but is now a
crime against persons, it now appears that marriage extinguishes that penal action and penalty only as
to the principal (i.e., husband) and not as to the accomplices and accessories [Art. 266 and Art. 344,
RPC].

Pardon of Offended Party in Offenses Other than those in Art. 344

Only civil liability is extinguished. A crime committed is an offense against the State. Only the Chief
Executive can pardon the offenders [Art. 23, RPC].
------------------------------------------------

8. EXPRESS REPEAL OF PENAL LAW - if a law was enacted and it provides therein that the
criminal liability of the accused is extinguished, then it is an express repeal of a penal law.

Causes of Partial Extinction of Criminal Liability under Article 94 of the Revised Penal Code
(RPC)

1. CONDITIONAL PARDON - any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein; otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of the pardon
and the provisions of Article 159 shall applied to him. (Art. 95, Revised Penal Code)

Conditional Pardon delivered and accepted is considered a contract between the sovereign power
of the executive and the convict that the former will release the latter upon compliance with the
condition. In conditional pardon, the condition usually imposed upon the convict is that "he shall
not again violate any of the penal laws of the Philippines."
 NOTE:

Nature of Conditional Pardon

When delivered and accepted, it is considered a contract between the sovereign power of the
executive and the convict that the former will release the latter upon compliance with the
conditions.

EFFECT OF NON-COMPLIANCE

Non-compliance with any of the conditions specified shall result in the revocation of the pardon
and the penalty of prision correccional in its minimum period shall be imposed upon the convict .
However, if the penalty remitted by the granting of such pardon be higher than 6 years, he shall
then suffer the unexpired portion of his original sentence [Art. 159, RPC].

-----------------------------------------------------------

2. COMMUTATION OF SENTENCE - simply mean, reduction or mitigation of the penalty.

The commutation of the original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in the place of the former. (Art. 96, Revised Penal Code)

Commutation of Sentence is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or by reducing the length of the
imprisonment or the amount of the fine.

NOTE:

Nature of Commutation of Sentence

It is a change of the decision of the court made by the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of
the fine.

Effect of Commutation of Sentence

 The original sentence is replaced or reduced in accordance with the commutation order.
 The commutation order, once granted, is irrevocable and binding.

Cases where Commutation is Provided for by the Code

1. When the convict sentenced to death is over 70 years of age (Art. 83, RPC); and
2. When eight (8) justices of the Supreme Court fail to reach a decision for the affirmance of the
death penalty. (Reyes, 2008)
---- 15 members (one chief justice and fourteen associate justice)

------------------------------------------------

Minimum Requirements before Commutation of Sentence is granted

A petition for executive clemency may be reviewed only if the petitioner meets the following
minimum requirements:

A. 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 forty (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 sentence were adjusted to forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended.

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

B. 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.

-----------------------------------------------

CREDIT FOR PREVENTIVE IMPRISONMENT:

Credit for Preventive Imprisonment or CPI is the time credited for the temporary confinement in
jail or prison while undergoing investigation or trial, or awaiting final judgement. Thus, even if a
person is not yet convicted, the time he spends in prison is counted as points in his favor in case he
is subsequently convicted.

ARTICLE 29 OF THE RPC

Credit full time of preventive imprisonment if PDL agrees voluntarily in writing with counsel to
abide by the same disciplinary rules imposed upon convicted prisoners. (Manifestation)

Credit 4/5 of preventive imprisonment – detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners.

Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from
thirty years (30) years.

3. GOOD CONDUCT ALLOWANCES DURING CONFINEMENT - credit earned by an inmate

which reduces the duration of his incarceration. It also refers to time subtracted from a sentence by
prison authorities for good behavior or for other reasons.
 Special Time Allowance for Loyalty of Prisoner
refers to the deduction of 1/5 of the period of the sentence of a prisoner who, having evaded
the service of his sentence during the calamity or catastrophe mentioned in Art. 158 of the
Revised Penal Code (i.e. conflagration, earthquake, explosion or similar catastrophe; or mutiny in
which he has not participated), gives himself up to the authorities within 48 hours following the
issuance of the proclamation by the President announcing the passing away of the calamity
or catastrophe. (Art. 98, RPC)

NOTE:
Scenario Deduction from Period of Sentence
When prisoner, having evaded his sentence,
gives himself up to authorities within 48 hours
following issuance of proclamation by Chief 1/5 of period of sentence
Executive announcing the passing away of the
calamity
When prisoner chooses to stay in place of 2/5 of period of sentence.
confinement.

EXAMPLE:
Imposable penalty – 40 years
STAL – 40 x 2/5 = 16 years

-----------------------------------------------------------

Who May grant Good Conduct Time Allowance (GCTA)?

The Director of Prisons may grant GCTA to an inmate who displays good behavior and
who has no record of breach of discipline or violation of prison rules and regulations.

Whenever lawfully justified, the Director of Prison shall grant allowances for good conduct.
Such allowances once granted shall not be revoked. (Art. 99, RPC)

---------------------------------------------

NOTES:

Who Grants Time Allowances under Arts. 97 & 98

1. Director of the Bureau of Corrections
2. Chief of BJMP
3. Wardens of provincial, district, municipal and city jails [Art. 99, RPC as amended by R.A.
10592]

General Rule: Allowance is granted to any prisoner in:

1. Penal institution
2. Rehabilitation or detention center
3. Other local jail [Art. 97, RPC as amended by R.A. 10592]
Exceptions:
The allowance is not applicable to:
1. Recidivists
2. Habitual delinquents
3. Escapees
4. Persons charged with heinous crimes [Art. 29 RPC as amended by R.A. 10592]
Example of Heinous Crimes: Republic Act No. 7659 (An Act to Impose the Death Penalty on
Certain Heinous Crimes)
1. Treason
2. Murder
3. Parricide
4. Infanticide
5. Destructive Arson

Time allowances such as GCTA, TASTM (Time Allowance for Study, Teaching, and
Mentoring), and STAL, once validly granted by the authorized official to a qualified PDL,
shall not be revoked [Rule 9, Section 3, Revised Implementing Rules and Regulations of RA
10592 (2019)].

What are the Effects of GCTA when granted?

The good conduct or behavior of an inmate shall entitle him to the following: A deductions from the
period of his sentence:

a. During the two (2) years of his imprisonment, he shall be allowed a deduction of five (5) days
days for each month of good behavior,

b. During the third to fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of
eight (8) days for each month of good behavior;

c. During the following years until the tenth year, inclusive of his imprisonment, he shall be allowed
a deduction of ten (10) days for each month of good behavior; and

d. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
fifteen (15) days for each month of good behavior(Art. 97, RPC)

Time in Penal Institution Deduction from period of sentence

st
First 2 years of imprisonment (1 month – 2 20 days for each month of good behavior
years)
3rd to 5th year 23 days for each month of good behavior
Following years until 10th year 25 days for each month of good behavior
11th and successive years 30 days for each month of good behavior
Any time during period of imprisonment 15 days for each month of study, teaching or
mentoring service time rendered

Computation of GCTA
Calendar months and years are considered reference to sentences and time served, while thirty (30)
days constitute a month in computing GCTA credits.
GCTA of Detainee Life Termer
A detainee shall only be granted GCTA if he voluntarily offers in writing to perform such labor as
may be assigned to him. In such a case, the credit he may receive shall be deducted from sentence as
may be imposed upon him if he is convicted.

An inmate sentenced to life imprisonment shall not be granted GCTA while his sentence is on
appeal.

Revocation/Restoration of GCTA

GCTA once granted shall not be revoked without just cause. The GCTA, which an inmate is deprived
of because of misconduct, may be restored at the discretion of the Director upon the recommendation
of the Superintendent.

4. PAROLE - release from imprisonment, but without full restoration of liberty, as parolee is still
in the custody of the law although not in confinement.

Parole consists in the suspension of the sentence of a convict after serving the minimum term of
the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence
shall be suspended. If the convict fails to observe the conditions of the parole, the Board of Pardons
and Parole is authorized to direct his arrest and return to custody and thereafter to carry out his
sentence without deduction of the time that has elapsed between the date of the parole and the
subsequent arrest.

NOTE:
For violation of the parole, the convict cannot be prosecuted under Art. 159. He can be rearrested and
reincarcerated to serve the unserved (unexpired or remaining) portion of his original penalty.

5. PROBATION - is a disposition under which a defendant, after conviction and sentence, s released
subject to conditions, imposed by the court and to the supervision of a probation officer. (Sec. 3(a),
P.D. No. 968, as amended)

NOTE:

 Probation only affects the criminal aspect of the case and has no bearing on his civil liability.

Probation Officer

 One who investigates for the court a referral for probation or supervises a probationer or both.
Forms of Executive Clemency
[Link] - it's an act of grace given by those charged with the power and authority to execute laws
which exempts the individual subject of pardon from the punishment which the law inflicts for a
crime he has committed.

A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws,
which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime
he has committed. It is the private, though official, act of the executive magistrate, delivered to the
individual for whose benefit it is intended and not communicated officially to the Court... A pardon is
a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.
It may then be rejected by the person to whom it is tendered, and if it be rejected, we have discovered
no power in a court to enforce it on him. (United States vs. Wilson, 7 Pet. (32 U.S.) 150, 160-
161(U.S. 1833))

2. REPRIEVE - the execution of the sentence is stayed or postponed. (People vs. Vera, 65 Phil. 56,
110 (1937))

A reprieve is a withdrawal or withholding of punishment for a time after conviction and sentence,
and is in the nature of a stay of execution. It postpones the execution of a sentence to a day
certain. Usually, it is granted to a prisoner to afford him an opportunity to procure some
amelioration of the sentence imposed.

Reprieve is also another prerogative exercised by the President of the Philippines Generally, it is
applied to death sentences already affirmed by the Supreme Court. But it can also be invoked in
other cases that have become final. In death sentences, the date of execution of the death convict
is held in abeyance for a certain period to enable the Chief Executive to temporarily stay
execution of sentence.

A president usually resorts to this to resolve all his doubts and reservations and want to really
establish that the convict truly deserves to be executed. The President may not want to be
conscience-stricken, if later, it is found out that the executed convict did not deserve to die.
Reprieve is also being widely exercised by the President on almost all death convicts because of
strong pressure from various lobby groups.

A reprieve differs from a pardon in that the former establishes a temporary delay in the
enforcement of the sentence imposed by the court, without changing the sentence or forgiving the
crime while, a reprieve might be issued for the execution of a prisoner to give time to the prisoner
to prove his or her innocence

3. PAROLE - refers to the conditional release of an offender from a correctional institution after he
has served the minimum of his prison sentence. The person subject of parole is released from
imprisonment but his liberty is not fully restored because the parolee is still considered in custody
of the law although he is not in confinement.

Parole is the planned release and community supervision of incarcerated offenders before actual
expiration of their prison sentences. It is usually considered a way of completing a prison sentence
in the community and is not the same as a pardon, the paroled offender can be legally recalled to
 serve the remainder of his or her sentence in an institution if the parole authorities deem the
offender's adjustment inadequate or if while on parole the offender commits another crime.

4. AMNESTY - is an act of grace given with the concurrence of Congress, it is usually extended to
groups of persons who committed political offenses, it abolishes the offense itself.

5. COMMUTATION - mitigates or reduces the penalty itself. Commutation is a remission of a part

of the punishment; a substitution of a less penalty for the one originally imposed.

In criminal law, commutation is the substitution of a lesser punishment for a greater one
Commutation of Sentence is the change in the sentence of the court made by the President which
consists in reducing the penalty imposed upon the offender.

Commutation of sentence refers to the reduction of the duration of a prison sentence. It is another
prerogative of the President as provided under the Constitution It is an act of clemency by which a
heavier or longer sentence is reduced to a lighter or shorter term. Example, a death sentence or life
imprisonment is reduced to a shorter sentence. Commutation does not forgive the offender but
merely reduces the penalty of fe imprisonment or death sentence for a term of years.

A commutation of sentence amounts to a reduction of the penalty originally imposed.

Commutation of sentence may take place even without the grantee's consent Under the Revised
Penal Code, as amended by Republic Act 7659 (Death Penalty Law) providing for the re-
imposition of the death penalty, commutation of the penalty of death to reclusion perpetuo is
provided in cases when a convict is below eighteen (18) years of age at the time of the commission
of the crime or ever seventy (70) years of age. or when the required majority vote is not obtained
for the imposition of or affirmance of an imposed death penalty by the Supreme Court En Banc.

Commutation of sentence also benefits inmates sentenced to fled or determinate sentence, which
renders him or her ineligible for parole. Commutation of sentence Changes the original fixed
sentence to a lesser indeterminate sentence, which will then enable the beneficiary to be released
on parole. Commutation is also appropriate to convicts sentenced to several counts.

Minimum Requirements of Imprisonment before Commutation of Sentence is Granted

For Commutation of Sentence, the inmate should have served:

a. At least one-third (1/3) of the definite or aggregate prison terms;

b. At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;

c. At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other
special laws;

d. At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms 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;
 e. At least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetuo or one (1) life imprisonment:

f. At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or life
imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as The
Dangerous Drugs Act of 1972" or Republic Act No. 9165 also 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;

g. At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetuo 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;

h. 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. (Sec. 4,
Board of Pardons and Parole (Resolution No. 24-4-10])

6. REMISSION OF FINES AND FORFEITURES - it should be noted that remission of fines and
forfeitures merely prevents the collection of fines or the confiscation of forfeited property; it
cannot have the effect of returning property which has been vested in third parties or money in the
public treasury.

The President can remit a fine or forfeiture only with respect to those within the interest of the state
and not those of private parties whose rights have been vested and fixed by the judgment. Fines
and forfeitures already paid to the treasury cannot be remitted either since any disbursement of
funds therefrom require legislation.

Remission refers to an act of liberality by virtue of which, without receiving any equivalent, the
creditor renounces the enforcement of the obligation, which is extinguished in its entirety or in that
part or aspect of the same to which the remission refers.

Fine is a pecuniary punishment imposed by a lawful tribunal upon a person convicted of crime or
misdemeanor. (Esler vs. Ledesma, 52 Phil. 120)

Forfeiture is the incurring of a liability to bay a definite sum of money as the consequence of
violating the provisions of some statute or refusal to comply with some requirement of law. It may
be said to be a penalty for misconduct or breach of duty. (Cabal vs. Kapunan, 116 Phil 1366)

Is Suspension of Sentence the same as Reprieve?

No. Suspension of sentence is always a part of the judicial power while reprieve is always a part of
the executive power. The suspension of sentence simply postpones the judgment of the court
temporarily or indefinitely, but the conviction and liability following it, and all civil disabilities,
remain and become operative when judgment is rendered. Reprieve on the other hand, is a prerogative
exercised by the President of the Philippines (Executive Clemency). Generally, it is applied to death
sentences already affirmed by the Supreme Court.

The Instances when Sentence may be suspended

The following are instances or situations in criminal cases wherein the accused, either as an adult or
as a minor, can apply for and/or be granted a suspended sentence:

1. Where the accused became insane before sentence could be promulgated (Art. 79, RPC);

2. Where the offender, upon conviction by the trial court, filed an application for probation
which has been granted. (Baclayon vs. Mutia, 129 SCRA 148 [1984])

3. Where the offender needs to be confined in a rehabilitation center because of drug-

dependency although convicted of the crime charged;

4. Where the offender is a youthful offender under Art. 192, PD 603, otherwise referred to as the
Child and Youth Welfare Code;

5. Where the crime was committed when the offender is under 18 years of age and he is found
guilty thereof in accordance with R.A. No. 9344, otherwise known as the "Juvenile Justice
and Welfare Act of 2006," but the trial court subjects him to appropriate disposition measures
as prescribed by the Supreme Court in the Rule on Juveniles in Conflict with the Law.

6. The death sentence shall be suspended upon a woman while she is pregnant or within one
year after delivery. (Art. 83, RPC)

7. Suspension of sentence of a First Time Minor Offender under Article 66 of R.A. No. 9165,
known as the Comprehensive Dangerous Drugs Act of 2002. (U.P Law Center, Suggested
Answer for the 2006 Bar Examination Question No. V, 2008 ed., pp. 19-20)

Suspension of the Execution of Death Sentence under Article 83 of the RPC

Death sentence shall be suspended when the accused is a:

a. Woman, while pregnant;

b. Woman, within one year after delivery; or
c. A person over 70 years of age.

Recommendation, Resolution and Certification of Executive Clemency

The President may motu proprio or upon recommendation of the Board or of any other agency, grant
reprieves, commutations and pardons and remit fines and forfeitures after final judgment. The
President may also review, revise, amend, revoke or affirm the recommendation of the Board, refer
any matter pertaining to executive clemency to the Board or to any other agency.
Under Section 18 of the Amended Guidelines for Recommending Executive Clemency, at feast
majority of the sitting members of the Board of Pardons and Parole shall be necessary to recommend
the grant of executive clemency. Said recommendation shall be contained in a resolution of the Board
to be submitted to the Office of the President for his basis.

After due deliberation, the Board, by the vote of at least majority of the sitting members, thereby
recommends to the President of the Philippines the grant of executive clemency in favor of the above
named individual(s) in the form of (State whether the executive clemency being recommended is in
the form of, absolute pardon, conditional pardon, commutation of sentence, or reprieve; if
commutation, state the period; reprieve, state the date certain)
Supporting Documents to be submitted to the Office of the President

The Board shall submit all relevant documents to the Office of the President along with its resolution
recommending the grant of executive clemency, including the following documents

1. A summary in matrix form of the following information about the prisoner:

a. Name:
b. Crime for which convicted;
c. Penalty imposed;
d. Actual time spent in prison (not including Good Conduct Time Allowance);

2. If recommended for commutation:

a. Recommended commuted term;
b. Time to be served without commutation
c. Time to be served with commutation;

3. Statement whether:
a. Convicted (prior to or subsequent to conviction of crime for which executive clemency is
sought) for Kidnap for Ransom or any drug-related offense; and
b. Previously granted executive clemency.

4. The prisoner's carpeta, prison record, and mittimus or commitment order;

5. Copy of notice of publication of names of those being considered for executive clemency
pursuant to Section 11;

6. Pertinent minutes of the Board meetings;

7. Such other documents and certification (i.e., physician's certification, and recommendation of the
Department of Foreign Affairs pertaining to foreigners recommended for executive clemency) in
compliance with Sections 3, 4 and 8.

Note: The Office of the President shall not act upon any recommendation for executive clemency
from the Board unless all supporting documents enumerated above have been submitted. (Sec. 19,
Amended Guidelines for Recommending Executive Clemency)