PAROLE AND EXECUTIVE CLEMENCY Q AND A

What 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: 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
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.

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At least fifteen (15) years for inmates convicted of heinous crimes as defined in a. The government spends much less when an offender is released on probation
Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to than that offender be placed behind bars (jails/prisons).
one (1) Reclusion Perpetua or one (1) life imprisonment;
b. The offender and the offenders family are spared the embarrassment and
WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? dishonor of imprisonment. c. 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, pay taxes and pay damages to the victim of the crime.
imprisonment for violation of RA 6495, as amended, otherwise known as The
Dangerous Drugs Act of 1972, or RA 9165, known as The Comprehensive WHO CAN APPLY FOR PROBATION?
Dangerous Drugs Act of 2002, and for kidnapping for ransom, or violation of the Any sentenced offender, not disqualified, can apply for probation before serving
laws on terrorism, plunder, and transnational crimes; their prison/jail sentence.

WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? WHERE AND WHEN SHALL THE APPLICATION BE FILED?
At least twenty (20) years, 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.
the Revised Penal Code, as amended;
HOW TO APPLY FOR PROBATION?
WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE? 1. Apply within fifteen (15) days from promulgation of judgment.
At least twenty-five (25) years for inmates originally sentenced to death penalty 2. 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. sentence investigation (PSI).
3. 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. court.
4. Pending submission of the PSIR and the resolution of the application, 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, if defendant is
SUPERVISION? incapable of posting bail.
Yes, the prisoner is placed under the supervision of a Probation and Parole
Officer. MAY AN ACCUSED WHO APPEALED THE CONVICTION APPLY FOR
PROBATION ON REMAND OF THE CASE TO THE TRIAL COURT?
As a rule, probation and appeal are mutually exclusive remedies. However, 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. conviction for a lesser crime, which is probationable, 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

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be filed in the trial court, which tried and convicted the accused or in a trial court WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE
where such case has been re-raffled. IMPOSED BY THE COURT?
The probationer must: a. Appear before the probation officer within 72 hours; b.
MAY AN ACCUSED IN A JOINT TRIAL APPLY FOR PROBATION Report to the probation officer at least once a month; c. Not commit another
EVEN IF THE OTHER CO-ACCUSED APPEALED THEIR offense; and d. Comply with any other conditions imposed by the court.
CONVICTION?
Yes. In a case involving several defendants where some have taken further appeal, HOW LONG IS THE PERIOD OF PROBATION?
the other defendants may apply for probation by submitting a written application 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. year or less; b. Not more than 6 years if the probationer was sentenced to
imprisonment of more than 1 year.
WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?
a. 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; b. Those who are convicted of any crime against the national FOR PROBATION IS PENDING?
security; c. Those who have previously been convicted by final judgment of an At the discretion of the court, the probationer may be released: a. On the same
offense punished by imprisonment of more than six (6) months and one (1) day bond filed during the trial; b. On a new bond; or c. To the custody of a responsible
and / or a fine of more than one thousand (Php1,000.00) pesos; d. Those who have member of the community (if probationer is unable to file the bond).
been once on probation under the provisions of this Decree; e. 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. An offender can be granted probation only once in a lifetime.

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, a
any election offense in accordance with Section 264 of B.P. Blg. 881 (Omnibus report is submitted to the court. Depending upon the nature and seriousness of the
Election Code); (2) Offenders found guilty of violating R.A. No. 6727 (Wage violation, there can be modification of the conditions or revocation of probation
Rationalization Act, as amended); (3) Offenders found guilty of violating R.A. by the judge. There is also the possibility of arrest including criminal prosecution
No. 9165, The Comprehensive Dangerous Drugs Act of 2002, except Sections 12, of probationer in the event of commission of another offense. The revocation
14, 17, and 70. proceeding is summary. If the court finds the probationer guilty of serious
violation of the conditions of probation, the offender may be ordered to serve the
ARE ALL QUALIFIED, CONVICTED PERSONS AUTOMATICALLY original sentence imposed.
ENTITLED TO PROBATION?
No. The court will not grant probation if, after investigation the probation officer
finds that: a. The offender can be treated better in an institution or in other places
for correction; b. The offender is a dangerous risk to the community; or c.
Probation will lessen the gravity of the offense.

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UNDERSTANDING EXECUTIVE CLEMENCY Under the same guidelines on extraordinary circumstances, 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, commute the sentence following extraordinary circumstances are present:
(shorten it, often to time already served) or reduce it from death to another lesser
sentence. 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, apparent excessive sentence, humanitarian concerns executive clemency for the inmate;
such as illness or an aged inmate, to clear the record of some who has Evidence which the court failed to consider, before conviction, which would
demonstrated rehabilitation or public service or because the party is a political or have just justified an acquittal of the accused;
personal friend of the President. (This definition is lifted from Federal law Alien inmates where diplomatic considerations and amity among nations
interpretation which Philippine laws reckon.) necessitates review; and
***** Such other similar or analogous circumstances whenever the interest of justice
will be served thereby.
Prisoners need not lose hope. 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. inmate provided the inmate meets the following minimum requirements of
imprisonment.
Under the new amended rules made by the Board of Pardons and Parole, inmates For commutation of sentence the inmate should have served:
who suffer from serious, contagious, or life threatening illness or disease and At least one third of the definite or aggregate prison terms;
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. minimum of the indeterminate prison terms;

Based on the amended guidelines under the extraordinary circumstances, an At least 10 years for inmates sentenced to one reclusion perpetua or one life
inmate suffering from serious, contagious or life threatening disease ,or with imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and
severe physical disability such as those who are totally blind, paralyzed or other special laws;
bedridden can be subject for recommendation for executive clemency.
At least 13 years for inmates whose indeterminate and /or definite prison terms
However, 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;
by a physician designated by the Department of Health (DOH).

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 At least 15 years for inmates convicted of heinous crimes as defined in RA
7659or other special laws, committed on or after January 1, 1994 and sentenced to
one reclusion pepetua or one life imprisonment;

At least 18 years for inmates convicted and sentenced to reclusion perpetua or

life imprisonment for violation of RA 6425, as amended, otherwise known as
The Dangerous Drugs Act of 1972 or RA 9165 known as The Comprehensive
Dangerous Drugs Acts of 2002; and for kidnapping for ransom or violation of the
laws on terrorism, plunder and transnational crimes;

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, as amended;

At least 25 years for inmates originally sentenced to death penalty but which was
automatically reduced or commuted to reclusion perpetua.( As amended by Board
Resolution No. 24-4-10 dated April 13, 2010.)

For Conditional Pardon, an inmate should have served at least one-half of the
maximum of the original indeterminate and /or definite prison term. (As amended
by Board Resolution No. 24-4-10 dated April 13, 2010.)

Stated in the same guidelines that Compliance with the above mentioned
periods of imprisonment shall be without prejudice to the results of publication,
community interview, pre-executive clemency investigation report, institutional
conduct, NBI records check, psychological test, notices, comments from the
victim or victims relatives, court certifications of the non-existence of any record
of pending appeal or case, and other pertinent documents and factors.