TYPES OF

CLEMENCY
 Types of Clemency
1. EXECUTIVE CLEMENCY: Pardon,
Commutation of Sentence; Reprieve;
Amnesty; GCTA and Special Time
Allowance
2. JUDICIAL CLEMENCY: Probation
3. LEGISLATIVE CLEMENCY:
Decriminalizing certain acts, Repealed
penal/criminal laws
4. SPECIAL CLEMENCY (Executive-
Legislative): Amnesty
Executive Clemency
Refers to commutation of
sentence, Absolute Pardon and
Conditional Pardon, with or
without parole conditions, as
may be granted by the President
of the Philippines upon the
recommendation of the Board of
Pardons and parole.
 Executive Clemency
Who may apply?
A prisoner:
O Not eligible for parole;
O Who has not been sentence to another prison
term within one (1) year form the date of his
last recommitment to the jail or prison from
were he escaped;
O Who has not violated any conditions of his
discharge on parole or conditional pardon,
O Who is not suffering from a mental illness or
disorder as certified by a government
psychiatrist;
 Executive Clemency
Where to apply?

OThe President of the

Philippines, through the
chairman, of the board of
Pardon and Parole, Manila.
PARDON
 DEFINITION
O 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 that the law inflicts
for a crime he has committed;
pardoning power is exercised
by the President
O is a form of executive clemency which is
exercised by the Chief Executive. It is an act
of grace and the recipient of pardon is not
entitled to it as a matter of right.

O The exercise of pardon is vested in the

Executive, is discretionary and is not
subject to review by the courts.

O Neither does the Legislative Branch of the

government have the right to establish
conditions nor provide procedures for the
exercise of clemency
 Legal Bases of the Pardoning
Power of the President

O Article VII, Section 19 of the 1987

Philippine Constitution states that
“Except in cases of impeachment,
or otherwise provided in the
constitution, the President may
grant reprieves, commutations,
and pardons,….xxxx He shall also
have the power to grant
amnesty…..xxx
 The Pardoning Power

OThis power cannot be taken

away from the President nor can
the exercise thereof be subject
to limitations or conditions.
Neither may the courts inquire
into the wisdom or
reasonableness of any pardon
granted by the President. His
discretion is absolute.
 Limitations of the Pardoning
Power

O It may not be exercised for offenses in

impeachment cases;

O It maybe exercised only after conviction by

final judgment; and

O 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 COMELEC.
 Effects of Pardon

O It removes penalties and disabilities and

restores him to his full civil and political rights;

O 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; and

O It does not restore offices, property, or rights

vested in others in consequence of the
conviction.
 2 Types of Pardon

Absolute Pardon – no limits, no

conditions, total extinction of
criminal liability.

Conditional Pardon – limited

with conditions; partial extinction
of criminal liability effect: no civil
and political rights.
 Nature of Conditional
Pardon
O Conditional pardon is in the nature of a
contract, so that it must first be accepted by
the recipient before it takes effect.
O The pardonee is under obligation to comply
strictly with the conditions imposed therein;
otherwise, his non-compliance will result to
the revocation of the pardon. (Art. 95, RPC).
O If the pardonee violates any of the
conditions of his pardon, he will be
prosecuted criminally as a pardon violator.
SOME GUIDES IN PARDON
SELECTION
IN DETERMINING THE FITNESS OF A
PRISONER FOR RELEASE ON CONDITIONAL
PARDON, THE FOLLOWING POINTS SHALL
BE CONSIDERED AS GUIDES.

a. The political, organizational or religious

affiliation of the prisoner should be disregarded.

b. Due ( but not undue ) regard should be given

the attitude of the people in the community
from which he was sentenced.
c. The judicial history of the
case should be carefully
investigated.

d. The background of the

prisoner before he was
committed to prison – social,
economic, psychological and
emotional backgrounds –
should be carefully
 CONDITIONAL PARDON
DISTINGUISHED FROM PAROLE.
The purpose of conditional pardon and
parole is the same – the release of a prisoner who
is already reformed in order that he can continue to
serve his sentence outside of the institution, thus
giving him the opportunity to gradually assume the
responsibilities of a free man. 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.
 CONDITIONS OF PARDON
In the Philippines, the pardonee is given the
same set of rules or conditions as the parolee. Among
the conditions usually imposed on pardonees and
parolees are the following:

a. 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
Board of Pardons and Parole. 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.
b. That he shall report to the Municipal
Judge ( of the town where he will reside )
or to such officer as may be designated
by the Executive Officer of the Board of
Pardons and Parole during the first
year once a month and, thereafter,
once every two months or as often as
he may be required by said officer.

c. That he shall not indulge in any

injurious or vicious habits, and shall
avoid places or persons of disreputable
or harmful character.
d. That he shall not commit any crime
and shall conduct himself in an orderly
manner.

e. That he shall pay not less than

P50.00 a month to the cashier of the
Department of Justice in payment of
the indemnity (security) imposed upon
him.

f. That he shall comply with such

orders as the Board or its Executive
Officer may give from time to time.
 PARDON
When to apply?

O Conditional pardon – once the prisoner has

serve ½ of the minimum of his indeterminate
sentence;

O Absolute pardon – 10 years must have

elapsed from the date of petitioners release
from confinement, or 5 years from the
expiration of his maximum sentence, which
ever is more beneficial to him.