Legal basis for clemency authority
- Book V, Title I, Subtitle A, Section 53 of the Administrative Code of 1987 empowers the President to commute or remove administrative penalties or disabilities in meritorious cases, subject to terms and conditions in the interest of the service, and upon recommendation of the Civil Service Commission.
- Book III, Title 3, Chapter 9, Section 27 (10) of the Administrative Code of 1987 makes the Executive Secretary the official who exercises primary authority to sign papers “By authority of the President.”
- The Memorandum Order confirms that the President’s clemency power over administrative penalties in the executive branch may be carried out through the Executive Secretary’s authority to sign and act.
Scope: executive branch administrative penalties
- The clemency coverage is limited to petitions for executive clemency involving administrative penalties imposed upon public officials in the Executive branch.
- The clemency forms covered are commutation and removal of administrative penalties/disabilities.
- The Memorandum Order is directed to the processing of these petitions by the Executive Secretary.
- The clemency actions relate to disciplinary cases involving administrative penalties or disabilities.
Confirmed authority of Executive Secretary
- The Memorandum Order confirms the authority of the Executive Secretary to grant or deny petitions for executive clemency that involve administrative penalties/disabilities imposed on executive branch public officials.
- The Executive Secretary acts within the President’s supervision and control over executive departments and the President’s clemency discretion for meritorious cases.
- Clemency is handled as commutation or removal of the administrative consequences imposed through disciplinary proceedings.
Conditions and interest of the service
- Clemency under Section 53 of the Administrative Code of 1987 is available in meritorious cases.
- Clemency requires a recommendation of the Civil Service Commission.
- Any commutation or removal is subject to terms and conditions imposed in the interest of the service.
- The Memorandum Order ties the Executive Secretary’s authority to this framework of Presidential clemency discretion and service-interest conditions.
Implementation effect
- The Memorandum Order becomes effective immediately, enabling the Executive Secretary to act on covered petitions without delay.
- The authority confirmed includes both outcomes: the Executive Secretary may grant or deny the petitions.
- Signing and action are anchored on the Executive Secretary’s role to sign “By authority of the President.”
- The Memorandum Order’s implementation is effective upon issuance and signature.