Law Summary
Basis for Clemency in Administrative Cases
- Book V, Title I, Subtitle A, Section 53 of the Administrative Code of 1987 provides the legal foundation.
- It allows the President to commute or remove administrative penalties or disabilities in meritorious cases.
- Such clemency is granted upon the recommendation of the Civil Service Commission.
- The President may impose terms and conditions in the interest of the public service.
Authority of the Executive Secretary
- Per Book III, Title 3, Chapter 9, Section 27(10) of the Administrative Code, the Executive Secretary has primary authority to act on behalf of the President by signing documents under "By authority of the President."
Delegation of Clemency Powers
- The Memorandum Order authorizes the Executive Secretary to grant or deny petitions for executive clemency involving administrative penalties imposed on officials in the Executive branch.
- This delegation is consistent with the President's discretionary power and supervision over executive officials.
Scope and Effectivity
- The order specifically applies to administrative penalties or disabilities imposed on public officials serving under the Executive branch.
- It empowers the Executive Secretary Alberto G. Romulo to act on these petitions.
- The Memorandum Order took effect immediately upon issuance on February 27, 2003.
Legal and Procedural Implications
- This arrangement streamlines the executive clemency process for administrative cases within the Executive branch.
- It underscores the role of the Civil Service Commission's recommendation as a prerequisite for clemency consideration.
- It confirms established legal provisions relating to executive clemency and administrative control.