Law Summary
Introduction
This Memorandum Order issued by President Gloria Macapagal-Arroyo directs the Bureau of Corrections (BuCor), Bureau of Jail Management and Penology (BJMP), and the Board of Pardons and Parole (BPP) to submit records of inmates aged seventy (70) and above for the purpose of considering them for executive clemency.
Authority of Executive Clemency
- Legal Principle: The President of the Republic of the Philippines has the constitutional authority to grant executive clemency to inmates who are serving sentences resulting from final judgments.
- Definitions:
- Executive Clemency: A discretionary act by the President to grant relief from punishment or the legal consequences of a conviction.
- Policy Rationale: The Arroyo administration emphasizes compassion and humanitarian considerations in extending clemency to elderly inmates.
Submission of Inmate Records
- Requirement:
- BuCor, BJMP, and BPP must compile and submit records of inmates aged seventy (70) and above who are currently serving sentences under final judgment to the Office of the President.
- Procedure:
- These agencies must automatically include inmates who reach the age of seventy (70) in their submissions for review concerning eligibility for executive clemency.
Implementation and Effectivity
- Timeframe:
- This Memorandum Order is effective immediately upon adoption, with the date of adoption being November 17, 2004.
- Action Required:
- Agencies are to promptly transmit the relevant records to facilitate timely consideration of clemency applications.
No Penalties or Liabilities
- Consequences:
- The Memorandum does not specify penalties or liabilities for non-compliance; however, adherence is implied as a duty of the mentioned agencies.
Cross-references
- The Memorandum Order refers implicitly to the constitutional powers of the President and existing laws governing executive clemency but does not cite specific statutes.
Key Takeaways
- The Memorandum Order mandates the submission of records of elderly inmates to the Office of the President for clemency considerations, reflecting a policy of compassion.
- It requires proactive measures from the BuCor, BJMP, and BPP to ensure timely submissions as inmates age.
- The Order is effective immediately, emphasizing the urgency of the matter, but does not outline penalties for non-compliance.