QuestionsQuestions (MEMORANDUM ORDER NO. 155)
The Memorandum Order recognizes that the President has the constitutional power to grant executive clemency to inmates convicted by final judgment. This power is rooted in the Philippine Constitution (Art. VII, Sec. 19[b]) and implemented through existing laws and rules on pardons and parole.
The Bureau of Corrections (BuCor), Bureau of Jail Management and Penology (BJMP), and the Board of Pardons and Parole (BPP) are directed to immediately forward the records of inmates who are seventy (70) years old and above.
Inmates who are seventy (70) years old and above and are serving sentence by final judgment are covered for consideration for executive clemency.
Under Section 2, the BuCor, BJMP, and BPP must automatically submit names of inmates turning seventy and forthwith transmit their records to the Office of the President for review of eligibility.
MO No. 155 does not itself grant clemency. It directs agencies to submit records so they may be considered by the Office of the President for possible executive clemency.
It states as policy that executive clemency to deserving elderly inmates is anchored on compassion and humanitarian considerations, reflecting the administration’s intent to prioritize mercy based on age and circumstances.
It implies the inmate must already have been convicted with a judgment that has become final (no longer subject to appeal or review), and is currently serving the sentence.
The forwarded records enable the Office of the President to evaluate whether the inmates are deserving and eligible for executive clemency, consistent with the President’s discretion.
No. MO No. 155 directs automatic submission, but it still calls for “review” by the Office of the President to determine eligibility for executive clemency.
The Memorandum Order takes effect immediately upon adoption (17 Nov. 2004). This means the agencies should start forwarding/submitting records without delay as of its issuance.
It establishes two related duties: (1) immediate forwarding of records of inmates aged seventy and above, and (2) automatic submission of names and forthwith transmittal of records of inmates who will be turning seventy.
BPP is one of the agencies tasked to forward inmate records to the Office of the President for review, supporting the clemency evaluation process.
While MO No. 155 does not expressly define their distinctions, it directs both BuCor and BJMP to submit records—BuCor generally covers convicted inmates in national penitentiaries, while BJMP covers jail inmates at local jail facilities. The common link under MO No. 155 is that the inmates must be serving by final judgment and be at least seventy years old.
MO No. 155 describes it as a power that “may be bestowed from the private and gracious act of the President,” indicating discretion rather than a vested right.
Section 1 imposes immediate submission of records of existing inmates already at least seventy; Section 2 imposes ongoing automatic submission as inmates reach seventy.