Law Summary
Constitutional and Legal Basis for Amendments
- Certain disqualifications in the 2006 BPP Manual are inconsistent with constitutional provisions.
- These disqualifications violate the principle of equal protection and defeat restorative justice.
Removal of Notice to Prosecutor and Judge
- Under amended rules, no need to notify the prosecutor or convicting judge since they no longer have jurisdiction after conviction.
Parole Eligibility and Disqualifications
- Eligible inmates must:
- Serve indeterminate sentences with max period over one year.
- Have served the minimum period.
- Have final and executory conviction.
- Have no pending criminal cases.
- Serve in the national penitentiary unless justified otherwise.
- Disqualifications include:
- Sentences with death penalty or life imprisonment.
- Convictions for treason, rebellion, piracy, habitual delinquency, escape from confinement.
- Violations of conditional pardon terms.
- Maximum imprisonment under one year or definite sentences.
- Conviction with reclusion perpetua or crimes under Republic Act No. 9346.
- Terrorism, plunder, and transnational crimes.
Parole Review Procedure
- Parole cases can be reviewed upon petition or agency referral if inmate is not disqualified.
Executive Clemency Guidelines and Scope
- Clemency power is solely within the President's discretion.
- Guidelines serve to assist the Board of Pardons and Parole in recommending clemency.
- These guidelines do not create vested or enforceable rights.
Extraordinary Circumstances for Granting Clemency
- Includes court recommendations, disproportionate penalties, new acquittal evidence.
- Special consideration for minors at the time of offense.
- Elderly inmates (70+) with health risks.
- Inmates with serious illness or disabilities.
- Alien inmates for diplomatic reasons.
- Other analogous circumstances ensuring justice.
Minimum Imprisonment Requirements for Clemency
- Commutation requires minimum served terms based on crime and sentence type.
- Conditional pardon requires at least half of maximum original sentence served.
Repeal of Section 5
- Section 5 of the Amended Guidelines for Recommending Executive Clemency is repealed.
Notification Procedures to Offended Parties
- Offended party or relatives must be notified and given 30 days to comment.
- Notifications may be waived for urgency or justice interests with explanation.
Publication of Inmate Names for Clemency Consideration
- Public notification once in a national newspaper for most cases.
- For reclusion perpetua or life imprisonment cases under RA 9346, once weekly for 3 weeks.
- 30-day period for public objections or comments.
- Publication may be waived in urgent cases with explanation.
Effectivity and Compliance
- Resolution effective upon Justice Secretary approval and 15 days after publication.
- Copies sent to the Office of the President and UP Law Center for dissemination.