Title
Executive Clemency for Elderly Inmates
Law
Memorandum Order No. 155
Decision Date
Nov 17, 2004
President Gloria Macapagal-Arroyo directs the Bureau of Corrections, Bureau of Jail Management and Penology, and the Board of Pardons and Parole to submit records of inmates aged seventy and above for consideration of executive clemency on humanitarian grounds.

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.

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