Constitutional basis and clemency purpose
- The order recognizes that the President holds the power to grant executive clemency to inmates who have been convicted and are serving sentences by final judgment.
- The order states that executive clemency is a private and gracious act of the President.
- The order identifies the humanitarian basis for the policy: the Arroyo administration entrusts executive clemency to deserving elderly inmates out of compassion and on humanitarian grounds.
- The order targets a “considerable number” of inmates who are 70 years old and above and are serving sentences by final judgment.
Coverage: elderly sentenced inmates
- The order requires the submission of records of inmates who are seventy (70) years and above.
- The inmates covered must be serving sentence by final judgment.
- The order covers inmates under the custodial/administrative authorities of BuCor, BJMP, and the BPP.
- The records are submitted to the Office of the President for review for the extension of executive clemency.
Core duties: forwarding and automatic submission
- Section 1 directs BuCor, BJMP, and BPP to immediately forward to the Office of the President the records of eligible inmates (age 70 and above; serving by final judgment) so they may be considered for executive clemency.
- Section 2 directs the BuCor, BJMP, and BPP to automatically submit names of inmates turning seventy (70) years old.
- Section 2 further directs the forthwith transmission of the records of the inmates whose names are submitted to the Office of the President for review of eligibility for executive clemency.
- The review by the Office of the President is the step that determines eligibility for executive clemency based on the submitted records.
Effectivity
- Section 3 states that Memorandum Order No. 155 shall take effect immediately.
- The order is adopted on 17 Nov. 2004, signed by President Gloria Macapagal-Arroyo and by Executive Secretary Eduardo R. Ermita.