QuestionsQuestions (BPAP Resolution NO. 24-4-10)
Section 19, Article VII of the 1987 Constitution provides that the President may grant reprieves, commutations and pardons, and remit fines and forfeitures after conviction by final judgment, except as otherwise provided.
Executive clemency cannot be granted in (1) cases of impeachment; (2) cases involving violation of election laws/rules/regulations under Article IX, Section 5(C) without the favorable recommendation of the COMELEC; and (3) cases where the conviction is on appeal or has not become final and executory.
Because certain enumerated disqualifications in the 2006 guidelines were claimed to be inconsistent with the Constitution’s Section 19, Article VII, to constitute unlawful limitations on the President’s pardoning power, and to violate equal protection and restorative justice principles.
An inmate may be eligible for review if: (a) serving an indeterminate sentence with maximum exceeding 1 year; (b) served the minimum period; (c) conviction is final and executory (and if co-accused exist, records must be forwarded together); (d) has no pending criminal case; and (e) is serving sentence in the national penitentiary unless confinement in local jail is justified.
A national inmate is one sentenced to a maximum term of imprisonment of more than 3 years or a fine of more than PHP 5,000; or regardless of sentence length, one sentenced for violation of customs law or other laws within Bureau of Customs jurisdiction; or one serving two or more sentences in the aggregate exceeding 3 years.
Disqualified: (a) offenses punished with death penalty or life imprisonment; (b) treason, conspiracy/proposal to commit treason, or espionage; (c) misprision of treason, rebellion, sedition, or coup d’état; (d) piracy or mutiny on the high seas/Philippine waters; (e) habitual delinquents (third or more conviction within 10 years for specified crimes); (f) escaped or evaded sentence; (g) violated terms of conditional pardon; (h) maximum term does not exceed 1 year or definite sentence; (i) offenses punished with or reduced to reclusion perpetua due to RA 9346; and (j) violations of terrorism, plunder, and transnational crimes.
The resolution states they are pursuant to Section 2 of Act No. 4103 (as amended), the Indeterminate Sentence Law, as reflected in the listed disqualifications.
When the case is reviewed upon petition or referral by correctional and/or other agencies, provided the inmate is not otherwise disqualified under Rule 2.2.
Executive clemency rests exclusively in the President’s sound discretion, exercised to prevent miscarriage of justice or correct manifest injustice. The guidelines are meant solely to guide the Board and “create no vested or enforceable rights” in persons applying for executive clemency.
Examples include: court recommendation; penalty too harsh compared to the crime; evidence allegedly not considered by the court that would have justified acquittal; offenders aged 15-18 at commission; age 70+ with health concerns certified by physicians (BC Hospital/DOH-designated); serious/contagious/life-threatening illness or severe disability with medical certifications; alien inmates requiring diplomatic review; and other analogous circumstances where the interest of justice would be served.
For commutation: (1/3 of definite/aggregate; or (1/2) of minimum indeterminate/aggregate minimum; and specific longer periods depending on sentence type/offense category—e.g., 10 years for one reclusion perpetua/life for non-RA 7659 and non-special laws; 13 years for adjusted to 40 years under RPC Article 70; 15 years for heinous crimes under RA 7659 committed on/after Jan 1 1994 sentenced to reclusion perpetua/life; 18 years for RA 6425/RA 9165; 20 years for two or more reclusion perpetua/life; 25 years for original death penalty reduced to reclusion perpetua/life. For conditional pardon: at least one-half of the maximum of the original indeterminate/definite prison term.
Section VII repealed Section 5 of the Amended Guidelines for Recommending Executive Clemency, thereby removing that section’s rules/disqualifications from the framework being applied.
The Board must notify the offended party or immediate relatives, giving them 30 days to comment. Notice may be waived in extreme urgency or when the interest of justice requires it, but the Board must explain the waiver in its resolution.
The Board must publish the names once in a newspaper of national circulation; for those convicted with reclusion perpetua or life imprisonment by reason of RA 9346, publication is once a week for three consecutive weeks. Interested parties may submit written objections/comments/information within 30 days from publication.
It takes effect upon approval by the Secretary of Justice and 15 days after its publication in a newspaper of general circulation.
They shall not be eligible for parole under Act No. 4103 (Indeterminate Sentence Law), as amended.