Question & AnswerQ&A (BPAP Resolution NO. 24-4-10)
The President's power to grant executive clemency is based on Section 19, Article VII of the 1987 Philippine Constitution, which allows the President to grant reprieves, commutations, pardons, and remit fines and forfeitures after conviction by final judgment.
The three constitutional limitations are: 1) In cases of impeachment; 2) In cases involving violation of election laws without the favorable recommendation of the Commission on Elections; 3) Cases where the conviction is on appeal or has not become final and executory.
The resolution repeals and amends certain disqualifications that were not in consonance with the Constitution and violated equal protection principles, ensuring no unjust limitations are imposed on the President's pardoning power.
An inmate must be serving an indeterminate sentence with a maximum over one year, must have served the minimum period, have a final and executory conviction, have no pending criminal case, and be serving sentence in the national penitentiary (unless justified otherwise).
Inmates disqualified for parole include those convicted of offenses punishable by death penalty or life imprisonment, treason, espionage, rebellion, piracy, habitual delinquents, escapees, violators of conditional pardon terms, those with sentences under one year or definite sentences, those sentenced to reclusion perpetua per RA 9346, and those convicted of terrorism, plunder, and transnational crimes.
Section 3 of RA 9346 prohibits persons convicted of offenses punishable by reclusion perpetua, or whose sentence has been reduced to reclusion perpetua, from being eligible for parole under the Indeterminate Sentence Law.
Extraordinary circumstances include court recommendations, unusually harsh penalties, new evidence justifying acquittal, offenders aged between 15 and 18 at the time of offense, inmates over 70 years old with health concerns, serious illness or disability, alien inmates for diplomatic reasons, and other analogous circumstances serving justice.
Requirements vary depending on the crime but generally include serving at least one-third of definite terms or half of indeterminate terms, specific longer periods for reclusion perpetua or life imprisonment sentences, heinous crimes, dangerous drugs offenses, kidnapping, terrorism, plunder, transnational crimes, and death penalty reductions.
The Board must notify the offended party or their immediate relatives and allow 30 days for comment, though in extreme urgency or when justice requires, notice may be waived with explanation documented in the board resolution.
The Board must publish the names once in a newspaper of national circulation; for inmates sentenced to reclusion perpetua or life imprisonment, publication is once a week for three consecutive weeks. Objections or comments may be sent within 30 days of publication. Publication may be waived in urgent circumstances with explanation.