PAROLE AND EXECUTIVE CLEMENCY Q AND AWhat is parole? WHAT IS CONDITIONAL PARDON? It is the conditional exemption of a guilty offender for the punishment imposed by a court. It is the conditional release of a prisoner from correctional institution after serving the minimum period of prison sentence. WHAT IS ABSOLUTE PARDON? It is the total extinction of the criminal liability of the individual to whom it is Who cannot be granted parole? granted without any condition whatsoever resulting to the full restoration of his civil rights. Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or to a prison sentence without a minimum term of WHO MAY FILE A PETITION FOR CONDITIONAL PARDON? imprisonment. A prisoner who has served at least one-half (1/2) of the maximum of the original indeterminate and/or definite prison term. Who may grant parole to a prisoner? WHO MAY GRANT COMMUTATION OF SENTENCE AND PARDON? The President of the Philippines. The Board of Pardons and Parole, an agency under the Office of the Secretary of Justice. WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? The Board may review the petition of a prisoner for commutation of sentence if the following minimum requirements are met: Ø At least one-third (1/3) of the definite or aggregate prison terms; WHEN MAY A PRISONER BE GRANTED PAROLE? WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? Whenever the Board of Pardons and Parole finds that there is a reasonable Ø At least one half (1/2) of the minimum of indeterminate or aggregate minimum probability that, if released, the prisoner will be law-abiding and that the release of of the indeterminate prison terms; will not be incompatible with the interest and welfare of society. WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF At least ten (10) years for inmates sentenced to one (1) Reclusion Perpetua or one HIS PAROLE? (1) life imprisonment, for crimes/offenses not punishable under Republic Act No. 7659 and other special laws. The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence. WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? WHAT IS EXECUTIVE CLEMENCY? At least thirteen (13) years, for inmates whose indeterminate and/or definite prison term were adjusted to a definite prison term of forty (40) years in accordance with It refers to the Commutation of Sentence, Conditional Pardon and Absolute the provisions of Article 70 of the Revised Penal Code, as amended; Pardon maybe granted by the president upon recommendation of the Board. WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? WHAT IS COMMUTATION OF SENTENCE? It is the reduction of the period of a prison sentence. 1 or RA 9165. However. their prison/jail sentence. c. Apply within fifteen (15) days from promulgation of judgment. and for kidnapping for ransom. the accused shall be allowed to apply for probation based on the modified decision before such decision WHAT ARE THE ADVANTAGES OF PROBATION? becomes final. The application for probation based on the modified decision shall 2 . as amended. 4.At least fifteen (15) years for inmates convicted of heinous crimes as defined in a. otherwise known as “The Dangerous Drugs Act of 1972”. Pending submission of the PSIR and the resolution of the application. court. sentence investigation (PSI). not disqualified. 1994 and sentenced to than that offender be placed behind bars (jails/prisons). for inmates sentenced to two (2) or more Reclusion The application shall be filed with the trial court that tried and sentenced the Perpetua or life imprisonment even if their sentences were adjusted to a definite offender at any time after conviction and sentence but within fifteen (15) days prison term of forty (40) years in accordance with the provisions of Article 70 of after promulgation of judgment. b. The probation officer must submit the Post-Sentence Investigation WHO MAY FILE A PETITION FOR ABSOLUTE PARDON? Report (PSIR) within sixty (60) days upon receipt but the period may be One may file a petition for absolute pardon if the maximum sentence is served or extended in meritorious cases for a period that will be approved by the granted final release and discharge or court termination of probation. WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? WHERE AND WHEN SHALL THE APPLICATION BE FILED? At least twenty (20) years. and transnational crimes. if the WHAT IS PROBATION? judgment of conviction that was appealed imposed non-probationable penalty and Probation is a privilege granted by the court to a person convicted of a criminal the same was modified through the imposition of probationable penalty or offense to remain in the community instead of actually going to prison/jail. probation and appeal are mutually exclusive remedies. The offender is able to continue working and can At least eighteen (18) years for inmates sentenced to Reclusion Perpetua or life therefore earn income. 7659 committed on or after January 1. the IS A PRISONER WHO IS RELEASED ON PAROLE OR CONDITIONAL defendant may be temporarily released under bail or be released on PARDON WITH PAROLE CONDITIONS PLACED UNDER recognizance of a responsible member of the community. one (1) Reclusion Perpetua or one (1) life imprisonment. can apply for probation before serving laws on terrorism. The offender and the offender’s family are spared the embarrassment and WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? dishonor of imprisonment. the prisoner is placed under the supervision of a Probation and Parole Officer. the Revised Penal Code. or violation of the Any sentenced offender. known as “The Comprehensive WHO CAN APPLY FOR PROBATION? Dangerous Drugs Act of 2002”. which is probationable. The court will suspend the execution of sentence and refer the but which was automatically reduced or commuted to Reclusion Perpetua or life application to the proper probation office for the conduct of post- imprisonment. pay taxes and pay damages to the victim of the crime. imprisonment for violation of RA 6495. as amended. At least twenty-five (25) years for inmates originally sentenced to death penalty 2. HOW TO APPLY FOR PROBATION? WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? 1. if defendant is SUPERVISION? incapable of posting bail. The government spends much less when an offender is released on probation Republic Act No. 3. conviction for a lesser crime. Yes. MAY AN ACCUSED WHO APPEALED THE CONVICTION APPLY FOR PROBATION ON REMAND OF THE CASE TO THE TRIAL COURT? As a rule. plunder. by the judge. Those who have member of the community (if probationer is unable to file the bond). there can be modification of the conditions or revocation of probation Rationalization Act. the offender may be ordered to serve the ARE ALL QUALIFIED. The Comprehensive Dangerous Drugs Act of 2002. 9165. CONVICTION? Yes. except Sections 12. HOW LONG IS THE PERIOD OF PROBATION? the other defendants may apply for probation by submitting a written application a. The revocation 14. d. (2) Offenders found guilty of violating R. 6727 (Wage violation. and d. IMPOSED BY THE COURT? The probationer must: a. Not more than 2 years if the probationer was sentenced to imprisonment of 1 and attaching thereto a certified true copy of the judgment of conviction. b. 17. 881 (Omnibus report is submitted to the court. or c. Those who are already serving sentence at the time the substantive provisions of this Decree HOW MANY TIMES CAN ONE BE GRANTED PROBATION? became applicable pursuant to Section 33 hereof. To the custody of a responsible and / or a fine of more than one thousand (Php1. An offender can be granted probation only once in a lifetime. Comply with any other conditions imposed by the court. WHAT CONDITIONS ARE where such case has been re-raffled. 3 . Those who are convicted of any crime against the national FOR PROBATION IS PENDING? security. Not commit another EVEN IF THE OTHER CO-ACCUSED APPEALED THEIR offense. ENTITLED TO PROBATION? No. which tried and convicted the accused or in a trial court WHEN PROBATION IS GRANTED. Those who are sentenced to serve a maximum term of imprisonment of more MAY THE OFFENDER BE RELEASED WHILE THE APPLICATION than six (6) years. e. c.be filed in the trial court. c. and 70.A. Blg. WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? PROBATION ARE VIOLATED? Those legally disqualified under special penal laws: (1) Offenders found guilty of The probation officer investigates the alleged violation and if it is established. There is also the possibility of arrest including criminal prosecution No.A. The offender is a dangerous risk to the community. CONVICTED PERSONS AUTOMATICALLY original sentence imposed. or c.00) pesos.000. b. b. MAY AN ACCUSED IN A JOINT TRIAL APPLY FOR PROBATION Report to the probation officer at least once a month. been once on probation under the provisions of this Decree. Probation will lessen the gravity of the offense. (3) Offenders found guilty of violating R. year or less. If the court finds the probationer guilty of serious violation of the conditions of probation. proceeding is summary. b. the probationer may be released: a. Those who have previously been convicted by final judgment of an At the discretion of the court. Appear before the probation officer within 72 hours. as amended). after investigation the probation officer finds that: a. WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? a. On the same offense punished by imprisonment of more than six (6) months and one (1) day bond filed during the trial. a any election offense in accordance with Section 264 of B. Depending upon the nature and seriousness of the Election Code). No. The court will not grant probation if. On a new bond. The offender can be treated better in an institution or in other places for correction. b. Not more than 6 years if the probationer was sentenced to imprisonment of more than 1 year. In a case involving several defendants where some have taken further appeal. of probationer in the event of commission of another offense.P. There are many reasons for exercising this power including real doubts • The trial court or appellate court in its decision recommended the grant of about the guilt of the party. 4 . or life threatening illness or disease and • At least one – third of the definite or aggregate prison terms. before conviction. Based on the amended guidelines under the extraordinary circumstances. which would demonstrated rehabilitation or public service or because the party is a political or have just justified an acquittal of the accused. • At least 13 years for inmates whose indeterminate and /or definite prison terms However. and ***** • Such other similar or analogous circumstances whenever the interest of justice will be served thereby. an • At least 10 years for inmates sentenced to one reclusion perpetua or one life inmate suffering from serious. Under the new amended rules made by the Board of Pardons and Parole. personal friend of the President.) necessitates review. Prisoners need not lose hope. contagious or life threatening disease . paralyzed or other special laws. by a physician designated by the Department of Health (DOH).UNDERSTANDING EXECUTIVE CLEMENCY Under the same guidelines on extraordinary circumstances. the condition of the inmate should be certified “under oath” by a were adjusted to a definite prison term of 40 years in accordance with the physician of the Bureau of Corrections Hospital and likewise certified under oath provisions of Article 70 of the Revised Penal Code as amended. (This definition is lifted from Federal law • Alien inmates where diplomatic considerations and amity among nations interpretation which Philippine laws reckon. contagious. humanitarian concerns executive clemency for the inmate. inmates For commutation of sentence the inmate should have served: who suffer from serious. commute the sentence following extraordinary circumstances are present: (shorten it. 7659 and severe physical disability such as those who are totally blind. often to time already served) or reduce it from death to another lesser sentence. inmate provided the inmate meets the following minimum requirements of imprisonment. such as illness or an aged inmate. The rule on the issuance of executive clemency has In such case none of the extraordinary circumstances enumerated the Board may been amended to define in clear terms how a person serving time will eventually review or recommend to the President the grant of executive clemency to an be released. to clear the record of some who has • Evidence which the court failed to consider. the Board shall also (Note: Executive Clemency is the power of the President in criminal cases and in recommend to the President the grant of executive clemency when any of the state convictions to pardon a person convicted of a crime. those prisoners with severe disability can now be recommended for executive • At least one-half of the minimum of the indeterminate prison term or aggregate clemency.or with imprisonment. for crimes/offenses not punished under Republic Act No. apparent excessive sentence. bedridden can be subject for recommendation for executive clemency. minimum of the indeterminate prison terms. psychological test. 1994 and sentenced to one reclusion pepetua or one life imprisonment.( As amended by Board Resolution No. • At least 25 years for inmates originally sentenced to death penalty but which was automatically reduced or commuted to reclusion perpetua. and other pertinent documents and factors. notices. comments from the victim or victim’s relatives. 24-4-10 dated April 13. • At least 18 years for inmates convicted and sentenced to reclusion perpetua or life imprisonment for violation of RA 6425.) Stated in the same guidelines that “Compliance with the above – mentioned periods of imprisonment shall be without prejudice to the results of publication.” 5 . committed on or after January 1. otherwise known as “The Dangerous Drugs Act of 1972” or RA 9165 known as “The Comprehensive Dangerous Drugs Acts of 2002”. court certifications of the non-existence of any record of pending appeal or case. • At least 20 years for inmates sentenced to two or more reclusion perpetua even if their sentences were adjusted to a definite prison term of forty years in accordance with the provisions of Article 70 of the Revised Penal Code. an inmate should have served at least one-half of the maximum of the original indeterminate and /or definite prison term. 2010. as amended. pre-executive clemency investigation report. (As amended by Board Resolution No. 24-4-10 dated April 13. NBI records check. as amended. and for kidnapping for ransom or violation of the laws on terrorism. community interview. plunder and transnational crimes. 2010. institutional conduct.• At least 15 years for inmates convicted of heinous crimes as defined in RA 7659or other special laws.) For Conditional Pardon.