EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY
 Is a disposition of the President to show mercy, especially toward an offender or
enemy. It is granted for the purpose of relieving the harshness of the law or
correcting mistakes in the administration of justice.
 Under the criminal justice system is the act by an executive member of
government of extending mercy to a convicted individual.
 In the United States, clemency is granted by a governor for state crimes and by a
president for federal crimes.
 Clemency can take one of four forms:
Reprieve, Commutation of Sentence, Pardon and Amnesty.
 Constitutional Basis:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
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 the Members of the Congress.

Section 5, Article IX
(Constitutional Commissions- The Commission on Elections)
No pardon, amnesty, parole, or suspension of sentence for violation of election
rules, and regulations shall be granted by the President without a favorable
recommendation of the Commission.
 Executive Clemency
Why it is Extended?
 In general, Executive Clemency is often extended for humanitarian reasons, such
as to an aged and ill inmate who needs specialized medical care. Inmates who
suffer from serious, contagious, or life threatening illness or disease and those
prisoners with severe disability can now be recommended for executive clemency.
 It is also extended in the following instances:
a) When there is real doubt about the guilt of the party.
b) When the sentence given is Apparently excessive
c) When the party is a political or personal friend of the President.
d) To clear the record of some who has demonstrated rehabilitation or public service.
 Referral of Petition For Executive Clemency/Parole To Other
Government Agencies:

Secretary of National Defense - If the crime committed by the

petitioner is against national security or public order or law of
nations.
Commission on Elections - In case of violation of election laws, rules
and regulations.
Department of Foreign Affairs - In case of an alien.
 PARDON

 It is a form of Executive Clemency which is exercised by Chief Executive. It is an

act of Grace and the recipient is not entitled to it as a matter of right. It is
discretionary and not subject to review by the judiciary.
 It dates back to the pre-Christian Era. It was applied to members of the Royal
Family who committed crimes and occasionally to those convicted of offenses
against the royal power. In England it was usually an exclusive power of the king
but there were times that were extended to the Queens upon advised of the
Minister of the Interior.
 It is highly political in nature and is usually granted in response to popular clamor
(noise) or to aid in the return to normalcy of a political situation that might affect
the country if not addresses.
 No Pardon can be granted for violation of any election laws,rules and regulation without
the favorable recommendation of the COMMISSION ON ELECTION (Sec.5 Art. lX)

Secretary of National Defense - If the crime committed by the petitioner is against

national security or public order or law of nations.

Commission on Elections - In case of violation of election laws, rules and regulations.

Department of Foreign Affairs - In case of an alien.

Take Note: “Pardon can be granted only after conviction by final judgment”
 History of Pardon
England
 Pardon was developed out of the conflict between the King and the Nobles who
threatened their powers.
 Pardon was applied to members of the Royal family who committed crimes and
occasionally to those convicted of offenses against the royal power. It was the
general view that the pardoning power was the exclusive prerogative of the King.
 In England today the power to extend pardon is vested in the Queen upon
advice of the Minister of the Interior.
 History of Pardon
United States
 Pardoning among the early American colonists was a carry- over of the
English practice.
 The pardoning power was exercised by the Royal governor through the power
delegated by the King.
 After the declaration of Independence, the Federal and State constitutions vested
the pardoning power on the President of the United States and the Governor in
federal and state cases, respectively.
 History of Pardon
Philippines

The Jone’s Law Section 21 stated that “the Governor General of the Philippine
Islands is vested with the power to grant pardons and reprieves and remit fines and
forfeiture”.
The pardoning power was vested in the Prime Minister by Article IX, Section 14
of the Philippine Constitution which states: “The Prime Minister shall have the power
to grant reprieves, commutations, and pardons, and remit fine and forfeitures, after
convictions for all offenses, except cases of impeachment, upon such conditions and
with such restrictions and limitations as he may deem proper to impose. He shall have
the power to grant amnesty with the concurrence of the Congress.”
 Kinds of Pardon
Absolute Pardon
 the extinction of the criminal liability of the individual to whom it is granted without any condition and restores to
the individual his civil rights.
 The purposes of this kind of pardon are
a) To do away with the miscarriage of justice.
b) To keep punishment abreast with the current philosophy, concept or practice of
criminal justice administration.
c) It is the sole power of the President to grant it to that person whose qualification is qualified except in
cases of impeachment (Art. 7,sec 19 of 1987 Philippine Constitution)
d) To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period.
 From 10 years it became 5 years - period is required to give the offender an
opportunity to demonstrate that he has established a new pattern of conduct.
CRISTOBAL VS LABRADOR
The case where the supreme court laid down the doctrine that absolute pardon removes all that is left of the
consequences of conviction and that it is absolute in so far it restores the pardonee his full civil political
rights.
 Kinds of Pardon
Conditional Pardon
 The extinction of the criminal liability of an individual, within certain limits or
conditions, from the punishment which the law inflicts for the offense he has
committed.
 Conditional Pardon serves the purpose of releasing, through executive
clemency, a prisoner who is already reformed or rehabilitated but who
cannot be paroled because the parole law does not apply to him. Thus, a
prisoner serving a determinate sentence or life imprisonment is excluded
from the benefits of the parole law.
 However, when this prisoner has already been reformed, he may be
released on conditional pardon.
 EFFECTS OF PARDON

1) It removes penalties and disabilities and restores full civil and political
rights;

2) It does not discharge the civil liability of the convict to the individual
he has wronged as the President has no power to pardon a private
wrong;
3) It does not restore offices, property or rights vested in others in consequence
of the conviction. Under our law, a pardon shall not work the restoration of the
right to hold public office or the right of suffrage unless such rights be
expressly restored by the terms of the pardon.
Limitations /Disqualification upon The Pardoning Power

1) It may not be exercised in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;

4) In case of violation of election law or rules and regulations, no pardon, parole or suspension of sentence may
be granted without the recommendation of the Commission on Elections;

5) It may not be exercised during pendency of case or trial or during appeal

6) Violation of Art. 157 – evasion of service of sentence for 1 year from the time of recommitment; and

7) It cannot be exercised in cases of violations of tax laws.

 Cases pending trial or on appeal are still within the exclusive jurisdiction of the courts; hence, pursuant
to the theory of separation of powers, the Chief Executive has no jurisdiction over the accused.
 Eligibility For Conditional Pardon

He must have served at least one half (1/2) of the minimum of his indeterminate sentence or
the following portions of his prison sentence:
 at least two (2) years of the minimum sentence if convicted of Murder or Parricide
but not sentenced to Reclusion Perpetua
 at least one (1) year of the minimum sentence if convicted of Homicide;
 at least nine (9) months if convicted of Frustrated Homicide;
 and at least six (6) months if convicted of Attempted Homicide.
However, in the case of a prisoner who is convictedof a heinous crime as defined in
Republic Act No. 7659 and other special laws, he shall have served at least one-half
(1/2) of the maximum of his original indeterminate sentence before his case
may be reviewed for conditional pardon.
 Some Guides In Pardon Selection

[Link] political, organizational or religious affiliation of the

prisoner should be disregarded.

[Link] regard should be given to the attitude of the people in the community
from which he was sentenced.
c. The judicial history of the case should be carefully investigated.
[Link] background of the prisoner before he was committed to prison –
social, economic, psychological and emotional backgrounds – should be
carefully investigated.
 Conditional Pardon vs Parole
 Purpose of conditional pardon and parole is the same
 Both releases are subject to the same set of conditions will subject the parolee or pardonee to be
recommitted to prison.
 The only difference between the two is the granting authority. In parole the granting authority is
the Board of Pardons and Parole, while in conditional pardon, the granting authority is the
President.
 Pre-Parole Investigation for Parole (30 Days)
 Pre-Executive Clemency For Conditional Pardon (30 Days)
 Granted-Parole Supervision & Pardon Supervision
 In Parole- must be filed 30 days before the expiration of the minimum Indeterminate sentence
 In Conditional Pardon- must be filed 30 days before the expiration of the:
• 1/2 of the minimum of the Indeterminate and/or Definite Sentence
 Conditions of Pardon
In the Philippines,the pardonee is given the same set of rules or conditions as the
[Link] the conditions usually imposed on pardonees and parolees ar the following:

 That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the [Link] the if the parolee or
pardonee leaves the parole jurisdiction temporarily,he needs not get the permission of the
Board, although he may so inform his parole officer(Municipal Judge)of his whereabouts.

 That he shall report Municipal Judge (of the town where he will reside) or to such officer
as may designated by the Executive Officer of the Boards of Pardon and Parole during the
first year once a month and, thereafter,once every two months or as often he maybe
required by the said officer.
 That he shall not indulge in any injurious or vicious habits, and shall avoid places or persons
of disreputable or harmful character.

 That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive officer of the Board to visit him at reasonable times at his place
of abode or elesewhere an shall truthfully answer any reasonable inquiries concerning his
conduct and conditions.

 That he shall not commit any crime and shall conduct himself in an orderly manner.

 That he shall pay not less than P50.00 a month to the cashier of the Department of Justice in
payment of the indemnity imposed upon him.

 That he shall comply wit such orders as the Board or its Executive Officer may from time to
time make.
 In the Philippines,the pardonee is given the same set of rules or conditions as the
[Link] the conditions usually imposed on pardonees and parolees ar the following:

 That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the [Link] the if the parolee or
pardonee leaves the parole jurisdiction temporarily,he needs not get the permission of the
Board, although he may so inform his parole officer(Municipal Judge)of his whereabouts.

 That he shall report Municipal Judge (of the town where he will reside) or to such officer
as may designated by the Executive Officer of the Boards of Pardon and Parole during the
first year once a month and, thereafter,once every two months or as often he maybe
required by the said officer.
 PARDON OF THE PRESIDENT VS PARDON OF THE OFFENDED PARTY

 It does not extinguish the criminal

 Extinguishes the criminal liability of the liability of the offender
offender  The offended party can waive the civil
 It does not include the civil liability to pay liability of the offender
 Granted only after conviction  Must be made before the institution of the
 Extended to any type of crime criminal action in cases where the law
allows pardon by the offended [Link]
it must be extended to both offenders.
 CONDITIONAL PARDON PROCESS
PRESIDENT TO THE BOARD OF PARDON AND PAROLE

REFERRAL(ORDER TO INVESTIGATE)

PPA

PRE EXECUTIVE CLEMENCY INVESTIGATION

PRE EXECUTIVE CLEMENCY REPORT 30 DAYS

PRESIDENT/
BOARD

RELEASE DOCUMENT(DISCHARGE ON PAROLE)

CONDITIONS
COMPLIED DO NOT COMPLY [Link] REPORT
[Link]
SUMMARY REPORT REPORTS [Link]

CERTIFICATE OF FINAL RELEASE ORDER OF ARREST AND RECOMITMENT

ABSOLUTE FREEDOM
PRISON
-SERVE THE REMAINING PORTION OF THE MAXIMUM SENTENCE TO WHICH
HE HAS ORIGINALLY COMMITTED TO PRISON.
 AMNESTY
 an act of the sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of
a political character, such as treason, sedition or rebellion
 is a public granted by the President and should have Congress concurrence while
Pardon is a private act pleaded and proved by the person pardoned.(Barrioquinto vs
Fernandez)and( People vs Casido)
 from the Greek stem amnestia, meaning to forget,
 Also known as General Pardon or Blanket Pardon
 The purpose is to hasten a country’s return to political normalcy by putting behind it the
animosities of the past through a pardon that will open the door to living normal lives for
groups of people targeted by amnesty.
 It extended to a group of person.
 AMNESTY VS PARDON
 Made by the President with the
concurrence of majority of all the
 Made by the President alone
memmbers of the Congress (sec. 19
[Link] of the Constitution)  Private act
 Public act  Court no notice
 Extended to any type of crime
 Should Judicial Notice
 May be given only after final conviction
 Usually to political crimes
 Looks forward
 Maybe extended even before  Relieves the offender from the result
conviction or before trial and after
conviction
 Looks backward
 Abolished the offense
 totally extinguishes criminal liability
and produces oblivion.
 Restores all the civil and political
rights due to criminal and other
actions or proceeding as a product of
conviction
 Extended only to poliitical offender
 Disqualification for Amnesty
1) Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of torture,
crimes against chastity and other crimes committed for personal ends."
 should have an "express admission" of participation and guilt, and a "recantation of all
previous statements" that are not consistent with the admission.
2) Cannot also be granted in cases of impeachment

3) Cannot be applied to cases of violation of election laws without favorable recommendation

from the COMELEC
4) Cannot be granted in cases of RA 9745 or anti torture law.
5) Cannot be extended to cases of civil and legislative contempt.
 Grant of Amnesty
-is hereby granted to all persons who shalll apply,therefor and who have or may have committed
crimes,including but not limited of the following:
1. Rebellion or insurrection
2. coup d’etat; conspiracy and proposal to commit rebellion, insurrection or coup d’etat
3. disloyalty of public officers or employees;inciting to rebellion or insurrection; s
4. Sedition; conspiracy to commit sedition;
5. inciting to sedition; illegal assembly;illegal association; direct assault
6. resistance and disobedience to a person in authority or the agents of such person
7. illegal possession of firearms,ammunition or explosives,committed in furtherance of, incident to, or in
connection with the crimes of rebellion or insurrection
8. violation of Articles 59(desertion),62 (absence without leave),67 (mutiny or sedition),68 (failure to
suppress mutiny or sedition), various crimes)
9. Direct assault;indirect assault
10. and other disturbances of public order;unlawful use of means of publication and unlawful utterances;
alarms and scandals
Proclamation no. 50, series of 2010 (October Proclamation No.75, series of 2010 (November 24,
11,2010)
2010)
 Oakwood mutiny on July 27,2003
 AFP- up to Technical Sergeant and PNP- up
 Marines Stand-Off on February 2006
to SPO III, shall be reinstated.
 Manila Pen Incident on November
29,2007
 AFP- Master Sergeant and PNP-SPO
 Not covers Crimes against Chastity
and other personal end. IV,shall not be reinstated.
 Apply to the Department of National
Defense, and appealable to Office of  Take effect upon concurrence of a majority of
the President all the Members of the Congress.
 Filed under oath with the DND within
a period of 90 days following the date
of publication in two news paper in
general circulation.
 Shal take effect immediately upon
signing thereof.
 PROCESS OF GRANT AMNESTY
1) Proclamation of the President granting Amnesty, specifying the crime committed and specific
names of individual(s) that can avail amnesty

2) Concurrence of Majority of the members of Congress

3) Application of the benificiaries

4) Admission of Guilt

5) Review by the ad hoc committee for qualification

6) Referral clearance by the ad hoc committee to DND if the crime is against national security and to
the COMELEC if against election laws for recommendation

7) Decision of the Ad Hoc Commitee to grant Amnesty

Take Note!!Provided,that amnesty shall not cover crimes against chastity and other crimes committed
for personal ends.
 EFFECT OF GRANTING AMNESTY

 Amnesty under this Proclamation shall extinguish any criminal liability for acts
committed in pursuit of a political belief, without prejudice to grantee’s civil
liability for injuries or damages caused to private [Link] grant of amnesty
shall also effect the restoration of civil or political rights suspended or lost by
virtue of criminal conviction.
 Commutation of Sentence
 Reduction or lowering, shortening of sentence
 an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
 granted by the president with the recommendation of the BPP
 granted after conviction but do not erase the fact of conviction of
the person
 granted with condition of maintaining good behavior
 Eligibility For Commutation Of Sentence

 He must have served at least one third (1/3) of the minimum of his indeterminate
sentence or the following portions of his prison sentence consisting of Reclusion Perpetua
 at least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape, or
Kidnapping with Murder
 at least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of anti-
drug laws
 at least twelve (12) years if given two or more sentences of Reclusion Perpetua
 at least twenty (20) years in case of two (2) sentences for Reclusion Perpetua, provided
that at least one (1) of the sentences had been automatically commuted from a death
sentence
 SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR
BY THE CODE:

 When the convict sentenced to death is over 70 years of age;

 When ten justices of the Supreme Court failed to reach a decision for the affirmation of the
death penalty

TAKE NOTE!!In Commutation of Sentence consent of the offender is not necessary

 Reprieve

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
postponement / withholding or temporary stay of the execution
of a death sentence
 Reprieve is a temporary stay of the execution of the
sentence. Like pardon, the President can only exercise reprieve
when the sentence has become final. Generally, reprieve is
extended to death penalty prisoners. The date of the execution
of sentence is set back several days to enable the Chief
Executive to study the petition of the condemned man for
commutation of sentence or pardon.
 When a Death Sentence May be Suspended?
 Death sentence shall be suspended when the accused is:
1. A woman, while pregnant;
2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a person over 70 years
old is necessary to give the President time to act because only the President can
reduce the sentence.
5. In cases wherein, a convicted prisoner became insane before the actual date of
execution.
 SALIENT POINTS OF R.A 10592
PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM
TERM OF IMPRISONMENT
[Link] CREDIT ALLOWANCE FOR PREVENTIVE IMPRISONMENT...

 If the inmate agrees to the rules in writing that he will be treated as like a regular
convicted inmate (inmate’s manifestation).
 If didn’t agree to abide with the rules..
 Whenever an accused has undergone preventive imprisonment for a period equal
to the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial thereof or the proceeding on
appeal, if the same is under review..
 In case the maximum penalty to which the accused may be sentenced is Destierro,
he shall be released after thirty (30) days of preventive imprisonment."
 MODE OF EARLY RELEASE
RA 6127 also known as The Full Time Credit.

 ‘ If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he has undergone preventive
imprisonment’’
 Section 2. This act shall take effect upon its approval.
 Approved: June 17, 1970.
 GOOD CONDUCT TIME ALLOWANCE.

Whenever lawfully justified, the Director of Prison grants allowances

for good conduct . Such allowance once granted shall not be revoked.
 A. Authority to grant time allowance for good conduct is exclusively
vested in the Director of Prison.(provincial warden cannot usurp
Director’s authority.)
 B. It is not an automatic right and once granted, cannot be revoked
by thr Director of Prison.( Article 99, Revised Penal Code)
 OLD GCTA LAW ART 97. RPC
1) 1st 2 year – 5 days per month
2) 3rd – 5th year – 8 days per month
3) 6th – 10th year – 10 days per month
4) 11th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted inmate & cannot be applied in BJMP.
Act No. 2489
 otherwise known as the Industrial Good Time Law
 provides that when a prisoner has been classified as TRUSTY OR PENAL
 COLONISTS, he is given an additional 5 days’ time allowance for every month of service.
A prisoner serving life sentence has his sentence automatically reduced to 30 years
of imprisonment upon attaining the classification of trusty or penal colonists
 The abovementioned privilege will not apply if,
 When they are recidivists, or have been convicted previously twice or more times of any crime; and
 When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
 RA 10592 New GCTA Law
1. 1st to 2nd year 20 days / month
2. 3rd to 5th year 23 days / month
3. 6th to 10th year 25 days / month
4. 11th ang above 30 days / month
 15 days / month for study and mentoring
 May be granted by the Director of BJMP, Director of BuCor and Provincial, City and Municipal Jail
Wardens and can now be granted even to a detainee while undergoing trial.
Disqualified!
 Recidivist, quasi-recidivist and habitual delinquents
 Failed to surrender voluntarily after being summoned to the execution of the sentence
 Special Time Allowance For Loyalty (Stal)

ART. 98 – deduction of 1/5 if the convict voluntarily surrendered within 48

hours after the declaration of passing of calamities or conflagration or even man-
made crisis.
Art 158 – Evasion of Service of Sentence
due to failure to return within 48 hours after passing of calamity or disorder.
Surrendered after 48 hours shall also be charged with Art. 158 but must be given the
mitigating circumstance of voluntary surrender.

RA 10592 – deduction of 2/5 if the inmate stayed while disaster is present.

"This Article shall apply to any prisoner whether undergoing

preventive imprisonment or serving sentence."
 PARDON AMNESTY
GRANTED BY THE PRESIDENT GRANTED BY THE PRESIDENT WITH CONCURRENCE OF
CONGRESS
1 PARDON = 1 PERSON 1 AMNESTY = GROUP
GRANTED AFTER CONVICTION EVEN BEFORE TRIAL OR FILLING OF COMPLAINT
GENERAL TYPES OF CRIME FOR POLITICAL CRIMES ONLY

ACCCUSED/INMATE’S REMEDY GRANTED BY WHEN TO BE AVAILED

 PARDON PRESIDENT AFTER FINAL CONVICTION

 REPRIEVE PRESIDENT AFTER FINAL CONVICTION

 COMMUTATION PRESIDENT AFTER FINAL CONVICTION

 AMNESTY PRESIDENT WITH THE CONCURRENCE BEFORE THE PROSECUTION OF

OF THE MAJORITY OF ALL THE CRIMINAL ACTION,DURING TRIAL OR
CONGRESS BEFORE THE JUDGMENT, OR EVEN
AFTER CONVICTION

 PROBATION THE COURT THAT HEARD AND WITHIN 15 DAYS FOLLOWING THE
DECIDED THE CASE PROMULGATION OF JUDGMENT

 PAROLE THE BOARD OF PARDONS AND AFTER SERVICE OF THE MINIMUM

PAROLE(BPP) PERIOD OF INDETERMINATE
SENTENCE LAW

 GCTA THE DIRECTOR OF THE BUCOR OR BY EVERY MONTH UPON SHOWING GOOD
THE BJMP OR BY PROVINCIAL JAIL BEHAVIOR
OLD RULE=5,8,10,15
NEW RULE=20,23,25,30

 STAL THE DIRECTOR OF THE BUCOR OR BY 1/5 OF THE SENTENCE IF RETURNED

THE BJMP OR PROVINCIAL JAIL TO JAIL WITHIN 48 HOURS AFTER THE
PRONOUNCEMENT OF THE PASSING
AWAY OF CALAMITY
EXECUTIVE CLEMENCY INVESTIGATION PROCESS
OFFICE OF THE VICE PRESIDENT

BOARD
( REFERRAL)

P.P.A
- INVESTIGATE
-SUBMIT REQUIRED REPORTS WITHIN 30 DAYS

BOARD
- RECOMMEND
-RESOLVES
-CERTIFIES

OFFICE OF THE PRESIDENT

GRANTED DENIAL

IMMEDIATE IMPLEMENTATION RETENTION IN PRISON

 Recognizance

 A mode of securing the release of any person in custody or

detention for the commision of the commission of an offense
who is unable to post bail due to abject [Link] court
where the case of such person has been filed shall allow the
release of the accused on recognizance as provided
herein,to the costudy of a qualified member of the
Barangay,city or municipality where the accused resides.
 Section 7, R.A. 10389 -Disqualification for Release on Recognizance
Any of the FF. circumtances shall be a valid ground for the court to disqualify an accused from availing of the benefits
provided herein:

a) The accused bad made untruthful statements in his/her sworn affidavit prescribed under
Section 5
b) The accused is a Recidivist,quasi-recidivist,habitual delinquent,or has committed a crime
aggravated by the circumtance of reiteracion
c) The accused had been found to have previously escaped from legal confinement,evaded
sentence or has violated the conditions of bail or release on recognizance without valid
justification
d) The accused had previously committed a crime while on probation,parole or under conditional
pardon
e) The personal circumtances of the accused or nature of the facts surrounding his/her case
indicate the probability of flight if released on Recognizance
f) There is a great risk that the accused may commit another crime during the pendency of the
case
g) The accused has a pending criminal case which has the same or higher penalty to the new
crime he/she accused of
 The following are the procedures for the release of a person under recognizance:

a) A motion for Release on Recognizance shall be filed before the proper court where the
criminal case is pending for the release on recognizance of the accused which shall be
accompanied by sworn declaration of indigency or incapacity to post bail executed by the
[Link] case of indigency issued by the Municipal or City Social Welfare and
Development office where the accused resides must likewise be attached;
b) Upon receipt of the motion,the court where the motion has been filed shall notify the public
prosecutor thereof within (24 hours)from its filing
c) Within (10 days )from the reciept of the motion,the court shall notify the appropriate city or
sangunian of the application for Recognizance
d) Within (10 days) from receipt of the notice,the sangunian concerned shall submit a comment
or opposition to the [Link] action of the sangunian shall be in the form of a
[Link] case of a favorable recommendation, the resolution shall include the
documentation of the accused and a list of recommended custodians.;and
e) The court shall set the motion for hearing within( 48 hours)from the reciept of the resolution
 MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (ART.89)

 By the DEATH OF THE CONVICT, as to the personal penalties;as to pecuniary liabilities;it is

extinguished only when the death of the offender occurs before final judgment.
 By service of Sentence
 By Amnesty-an act of the sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a political
character, such as treason, sedition or rebellion
 By Absolute Pardon
 Probation
 Prescription OF CRIME- The forfeiture or the loss of the right of the satate to prosecute the offender
after the lapse of a certain time.
 PRESCRIPTION OF PENALTY- The loss or forfeiture of the right of the Government to execute the
final sentence after the lapse of a certain time.
 MARRIAGE OF THE OFFENDER PARTY under Article 344 RPC
 MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY (ART.89)

By the CONDITIONAL PARDON -The extinction of the criminal liability of an

individual, within certain limits or conditions, from the punishment which the law
inflicts for the offense he has committed.
By COMMUTATION OF SENTENCE-Reduction or lowering, shortening of
sentence
For GOOD CONDUCT TIME ALLOWANCE-Director of Prison grants allowances
for good conduct . Such allowance once granted shall not be revoked.
PAROLE-It is the process of suspending the sentence of a convict after having
served the minimum of his sentence without granting him pardon, and the
prescribing term upon which the sentence shall be suspended.
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Reporter xxx Time 2017.01.25

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