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EXECUTIVE CLEMENCY

Group 5
Virata Dan Christian
Elpa Eduardo
Gonzalez Joselito
Lagsa Edgar
• What is an executive clemency ?
• Clemency simply means leniency or mercy. A power given to a public official, such
as a governor or the president, to in some way lower or moderate the harshness of punishment
imposed upon a prisoner. Clemency is considered to be an act of grace. It is based on the policy
of fairness, justice, and forgiveness. It is not a right but rather a privilege, and one who is granted
clemency does nor have the crime forgotten, as in amnesty, but its forgiven and treated more
leniently for the criminal acts.
• Executive clemency is the power of a president in state convictions, to pardon a
person convicted of a crime, commute the sentence (shorten it often to time already served), or
reduce it from death to another lesser sentence. There are many reason for exercising this
power, including real doubts about the guilt of the party apparent excessive sentence,
humanitarian concerns such as illness of an aged inmate, to clear the record of someone who
has demonstrated rehabilitation or public service, or because the party is a political or personal
friend of the governor.
• It is an executive function and not a function of the judiciary. It is also non-delegable
power and it can only be exercised by the president of the Philippines personally. ( Villena vs.
Secretary of the interior , 67 phil. 452, 453)
• The president extends executive clemency for administrative penalties. The constitution
makes no distinction with regard to the extent of the pardoning power except with respect to
impeachment. ( Llamas vs. Orbos , G.R No. 99031 , Oct 15, 1991)
• The Plenary Power of the President to Grant Executyive Clemency
• Executive Power under Section 1 of Article VII, 1987 Philippine Constitution is defined as
the power to enforce and administer the laws, which means carrying them into practical operation
and enforcing their due observance. The president shall ensure that laws are faithfully executed.
(Sec 17,Art VII, 1987 Philippine Constitution)
• Another mandated power of the president under the 1987 Philippine Constitution is the
Pardoning power. Pardon is the act of grace by the Chief Executive exempting the individual on
whom it is betsowed from punishment which the law inflicts for a crime he has committed Pardon
may be granted only after conviction by final judgment.
• Section 19 Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgement.
• He shall also the power to grant amnesty with the cocurrence of a majority of all Members of the
Congress.”
• Limitations on the Execise of the Power to Grant Pardon
• 1. It cannot be granted in cases of impeachment.
• Impeachment has been defined as a method of national inquest into the conduct of public
men.
• 2. It cannot granted in cases of violation of election laws without the favorable recommendation
of the Commission on Elections.
• 3. It can only be granted after conviction by final judgment.
• The second limitation is based on the constitutional provision under Article IX(C) (5). The
commission on elections. Sec 5 Provides:
• “Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation of
the Commission.”
Causes Of Total Extinction of Criminal Liability Under Article 89
of the Revised Penal Code (RPC)
1. DEATH CONVICT – death convict extinguishes criminal liability at any stage of the criminal
proceeding: civil liability is likewise extingguished if death occurs before final judgment. If death
occurs, there will be nobody to serve the penalty for the crime. The death of the convict, whether
before or after final judgment, extinguishes criminal liability, because one of the juridical
conditions of penalty is that it is personal.
What are the Effects of Death of the Accused?
A. Death of the offender before or during trial.
If death occurs before or during the trial, the criminal case must be dismissed. This is so
because of the preservation of the constitutional rights of the deceased accused who would not be
anymore in a position to defent himself. Further, it would be useless to proceed because the ends of
criminal justice (Retribution and rehabilitation) could not anymore be served. There would be no
convict upon whom the personal penal consequences of the offense could be imposed, neither is
there a culprit who needs rehabilitation. (Domondon, Primus Pre-Bar Review Division, 2009 Wrap-up
Review Notes in Crminal Law, p.97)
B. Death of accused Pending appeal.
The death of the accused pending the appeal of his conviction will extinguish his criminal
liability as well as his civil liability arising from the criime committed. However civil liability arising
from sources other tahn the crime committed survivesand may be pursued in a separate civil action.
Sources of civil liability other than crime are law, contracts, quasi-contracts, and quasi-delicts.
(People vs. Bayotas, G.R No. 152007, September 2, 1994)
C. While death pending appeal extinguishes criminal liability, the Supreme Court may still
review the case.
The accused death pending appeal of his conviction result to automatic dismissal of the
charges. The Supreme Court may however review the case and if the accused is found innocent,
shall render the appropriate judgment, belated though it may be to vindicate his sullied honor and
redeem his memory from an undeserved accusation.
• 2. SERVICE OF THE SENTECE – after the convict served his sentence, his criminal liability is
automatically extinguished. However, service of sentece does not extinguish his civil liability.
• Crime is a debt incurred by the offender as a consequence of his wrongful act and the
penalty is but the amount of his debt when payment is made, the debt is extinguished.
• 3. Amnesty - is granted by proclamation of the chief executive with the concurrence of
congress. It is a public act of which the courts should take judicial notice. Criminal action or
liability is totally extinguished by amnesty, completely extinguishing the penalty and its effect
Amnesty is an act of the sovereign power granting oblivion a general pardon for a fast
offense, and is rarely, if ever, exercised in favor of a single individual, it is usually exerted in behalf of
certain classes of persons who are subject to trial but have not yet been convicted.
4. Absolute pardon - looks forward and relieves the offender from the consequences of an offense
of which he has been convicted. An absolute pardon not only blots out the crime committed but also
removes all disabilities resulting from the conviction.
• 5. Prescription of penalty- is the loss or waiver of the state of its right to punish the convict. In
other words, prescription of penalty is the loss or forfeiture of the right of the government to
execute the final sentence after the lapse of a certain time
• Prescription of penalty occurs when the convict escapes from detention or evades the
service of his sentence. Evasion of service of sentence is a condition precedent to the running of
the period. The tolling of period of prescription of penalty occurs when he commits another crime,
or is captured or goes to another country with which the Philippines has no extradition treaty.
• Prescriptive period Means the period within which a specified action must be filed.

• TWO TRADITIONS NECESSARY IN PRESCRIPTION OF PENALTY

• A. That there is a final judgment


• B. That the period of time prescribed by law for its enforcement has lapsed.
• Prescriptive period of penalties under article 92 of RPC
• A. Death and reclusion Perpetua - 20yrs
• B. Other afflictive penalties - 15yrs
• C. Correctional penalties- 10yrs except for the penalty of arresto mayor which prescribes in 5yrs
• D. Light penalties - 1yr.

• How to compute the prescription of penalties


• A. Period of prescription commences to run from the date when the culprit evaded the service of
his sentence
• B. It is interrupted when the convict:
• - Give himself up to authorities
• - When he is captured
• - Goes to a foreign country with which we have no extradition treaty or:
• - Commits any crime before the expiration of the period of prescription.
• 6. PRESCRIPTION OF CRIME OFFENSE - refers to the loss or waiver of the right of the
state to prosecute offenders after the lapse of certain time. It cannot be waived or extended since
it is for the benefit of the accused. Once prescription has set in the courts automatically lose
jurisdiction.
• What is the effect of prescription of crime?
• - The supreme court ruled that: as prescription of the crime is the loss by the state of the
right to prosecute and punish the same, it is absolutely indisputable that from the moment that
state has lost or waived such right, the defendant may at any stage of the proceeding demand
and ask the same be finally dismissed and he be acquitted from the complaint. And such petition
is proper and effective even if the court taking cognizance of the case has already rendered
judgment and said judgment is merely in suspense, pending the resolution of a motion for a
reconsideration and new trial and is more so since in such a case there is not yet any final and
irrevocable judgment.
• Prescriptive Period of Crimes Under Art. 90 of RPC
• A. Death, Reclusion perpetua or reclusion temporal – 20years
• B. Other Afflictive penalties – 15years
• C. Correctional penalties – 10years except those punishable by arresto mayor, which shall
prescribe in 5years.
• D. Crime of libel – 1year
• E. Oral defamation and slander by deed – 6months
• F. Light offenses – 2months
• G. Crimes punishable by fines:
• - If fine is afflictive – 15years
• - If it is correctional –10years
• - If it is light – 2months
• Prescriptive Period of Offenses Punished under Special Laws and Municipal Ordinance:
• Act No. 3763, Amending Act No. 3326, Provides:
• A. Offenses punishable only by a fine or by imprisonment for not more than one month or both-
prescribe after one year
• B. Offenses punishable by imprisonment for two years or more than one month, but less than two
years – prescribe after 4years
• C. Offenses punishable by imprisonment for two years or more than but less than two- after
8years
• D. Offenses punishable by imprisonment for six years or more than – after 12years
• E. Offenses under the internal revenue law – after 5years
• F. Violations of municipal ordinances – after 2months and
• G. Violations of regulations or conditions of certificate of convenience by the public service
commission (now the DOTC) after 2months
• Take Note: Act No. 3326 is not applicable where the special penal law provides for its own
prescriptive period.
• 7. MARRIAGE OF THE OFFENDED WOMAN UNDER ART 334, RPC – marriage of the
offender with the offended woman after the commission of any of any of the crimes of rape,
seduction, abduction or acts of lasciviousness, as provided in Art. 334, must be contracted by the
offender in good faith
• 8. EXPRESS REPEAL OF PENAL LAW- If a law was enacted and it provides therein that the
criminal liability of the accused is extinguished, then it is an express repeal of a penal law.

• Causes of Partial Extinction of Criminal Liability under Art. 94 of the RPC


• 1. CONDITIONAL PARDON – any person who has een granted conditional pardon shall incur
the obligation of complying strictly with the condition imposed therein: otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of the pardon and
provisions of art 159 shall applied to him. (art 95 , RPC)
• Conditional Pardon delivered amd acepted is considered a contract between the
sovereign power of the executive and the convict that the former will release the latter upon
compliance with the condition. In conditional pardon, the condition usually imposed upon the
convict is that “ he shall not again violate any of the penal laws of the Philippines.”
• 2. COMMUTATION OF SENTENCE – simply mean, reduction or mitigation of the penalty. The
commutation of the original sentence for another of a different length and nature shall have the
legal effect of substituting the latter in the place of the former. (Art. 96 RPC)
• Commutation of sentence is a change of the decision of the court made by the chief
executive by reducing the degree of the penalty inflicted upon the convict or by reducing the
length of the imprisonment of the amount of the fine.

• Minimum Requirements before Commutation of sentence is granted


• A petition for executive clemency may be reviewed only if the petitioner meets the
following minimum requirements.
• A. For commutation of sentence, the prisoner should have served:
• 1. At least one half ½ of the minimum of his indeterminate and or definite prison term or the
aggregate minimum of his indeterminate and or definite prison terms.
• 2. At least ten 10 years for prisoners sentenced to one 1 reclusion perpetua or one 1 life
imprisonment for crimes/offenses not punishable under republic act no. 7659 and other special
laws.
• 3. At least twelve 12 years, for prisoners whose sentences were adjusted to forty 40 years in
accordance with the provision of Art 70 of the RPC as amended.
• 4. At least fifteen 15 years for prisoners convicted of heinous crimes as defined in republic act
No. 7659 committed on or after january 1, 1994 and sentenced to one 1 reclusion perpetua or
one 1 life imprisonment.
• 5. At least 17years for prisoners sentenced to two 2 or more reclusion perpetua or life
imprisonment even if their sentence were adjusted to forty 40 years ina ccordance with the
provision of Art 70 of the RPC as amended.
• 6. At least twenty 20years for those sentenced to death which was automatically commuted or
reduced to reclusion perpetua or life imprisonment.
• B. For Conditional Pardon, The prisoners should have served at least one half ½ of the maximum
of the original indeterminate and or definite prison term.
• 3. GOOD CONDUCT ALLOWANCES DURING CONFINEMENT – credit earned by an
inmate which reduces the duration of his incarceration. It also refers to time subtracted from a
sentence by prison authorities for good behaviour or for other reasons.

• Special Time Allowance for Loyalty of Prisoner refers to the deduction of 1/5 of the period of
the sentence of a prisoner who, having evaded the service of his sentence during the calamity or
catastrophe mentioned in Art.1 158 of the RPC gives himself up to the authorities within 48hours
folloiwng the issuance of the proclamation by the president announcing the passing away of the
calamity or catastrophe. Art 98 RPC.
• Who may grant Good Conduct Time Allowance (GCTA)?
• The Director of Prisons may grant GCTA to an inmate who displays good behavior
and who has no record to breach of discipline or violation of prison rules and regulations.
• Whenever lawfully justified, the Director of Prison shall grant allowances for good
conduct. Such allowances once granted shall not be revoked. Art 99 RPC,

• What are the Effects of GCTA when granted?


• The good conduct or behavior of an inmate shall entitle him to the following deductions
from the period of his sentence:
• A. During the first two 2 years of his imprisonment, he shall be allowed a deduction of five 5
days for each month of good behavior
• B. During the third to fifth year, inclusive of his imprisonment he shall be allowed a deduction of
eight 8days for each month of good behavior
• C. During the following years until the tenth year inclusive of his imprisonment he shall be
allowed a deduction of ten 10days for each month of good behavior
• D. During the eleventh and successive years of his imprisonment he shall be allowed a
deduction of fifteen 15days for each month of good behaior Art. 97 of RPC
• Computation of GCTA
• Calendar months and years are considered reference to sentences and time served, while
thity 30days constitutte a month in computing GCTA credits.
• GCTA of Detainee Life Termer
• A detainee shall only be granted GCTA if he voluntarily offers in writing to perfrom such labor
as may be assigned to him. In such a case the credit he may receive shall be deducted from
sentence as may be imposed upon him if he is convicted.
• An inmate sentenced to life imprisonment shall not be granted GCTA while his sentence is on
appeal.

• Revocation/Restoration of GCTA
• GCTA once granted shall not be revoked without just case. The GCTA, which an inmate is
deprived of because of misconduct, may be restored at the discretion of the Director upon the
recommendation of the Superintendent.
• 4. PAROLE – release from imprisonment but without full restoration of liberty as parolee is still
in the custody of the law although not in confinement.
• Parole consists in the suspension of the sentence of a convict after serving the minimum
term of the indeterminate penalty, without granting pardon prescribing the terms upon which the
sentence shall be suspended. If the convict fails to observe the conditions of the parole the board
of pardons and parol is authorized to direct his arrest and return to custody and thereafter to
carry out his sentence without deduction of the time that has elapsed between the date of the
parole and the subsequent arrest.

• 5. PROBATION – is a disposition under which a defendant after conviction and sentence is


released subject to conditions imposed by the court and to the supervision of a probation officer
(sec.3 P.d no. 968 as ammended)
• Forms of Executive Clemency
• 1. PARDON – it is an act of grace given by those charged with the power and authority to
execute laws which exempts the individual subject of pardon from the punishment which the law
inflicts for a crime he has committed.

• A pardon is an act of grace proceeding from the power entrusted with the execution of
laws which exempts the individual on whom it is bestowed from the punishment the law inflicts
for a crime has committed. It is the private though official act of the executive magistrate
delivered to the indiviudal for whose benefit is is intended and not communicated officially to the
court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance it may then be rejected by the person to whom is is tendered and if
it be rejected we have discovered no power in a court to enforce it on him.
• 2. REPRIEVE – the execution of the sentence is stayed or postponed. (people vs Vera, 65 phil. 56
110 (1937)
• A reprieve is a withdrawal or withholding of punishment for a time after conviction and sentece
and is in the nature of a stay of execution. It postpones the execution of a sentence to a day cetain.
Usually, it is granted to a prisoner to afford him an opportunity to procure some amelioration of the
sentence imposed.
• Reprieve is also another prerogative exercised by the President of the Philippines. Generally it
is applied to death sentences already affirmed by the Supreme Court. But it can also be invoked in
other cases that have become final. In death sentences, the date of execution of the death convict
is held in abeyance for a certain period to enable the Chief Executive to temporarily stay execution
of sentence.
• A president usually resorts to this resolve all his doubts and reservations and want to really
establish that the convict truly deserves to be executed. The President may not want to be
conscience-striken if later it is found out that the executed convict did not deserve to die. Reprieve
is also being widely exercised by the President on almost all death convicts because of strong
pressure from various lobby groups.
• A reprieve deffers froma pardon in that the former extablishes a temporary delay in the
enforcement of the snetence impose by the court, without changing the sentence of forgiving the
crime while a reprieve might be issued for the execution of prisoner to give time to the prisoner to
prove his or her onnocence.
• 3. PAROLE – Refers to the conditional release of an offender from a correctional institution after
he has served the minimum of his prison sentence. The person subject of parole is released from
imprisonment but his liberty is not fully restored because the parolee is still considered in custody
of the law although he is not in confinement.
• Parole is the palnned release and community supervision of incarcerated offenders before
actual expiration of their prison sentences. It is usually considered a way of completing a prison
snetence in the community and it not be the same as a pardon the paroled offender can be
legally recalled to serve the remainder of his or her sentence in an institution if the parole
authorities deem the offenders adjustment inadequate or if while on parole the offender commits
another crime.

• 4. AMNESTY – is an act of grace given with the concurrence of congress it is usually extended
to groups of persons who committed political offenses. It abolished the offense itself.
• 5. COMMUTATION – mitigates or reduces the penalty itself. Commutation is a remission of a
part of the punishment; a substitution of a less penalty for the one originally imposed.
• In criminal law, commutation is the substitution of a lesser punishment for a greater one.
Commutation of Sentence is the change in the sentence of the court made by the President
which consists in reducing the penalty imposed upon the offender.
• Commutation of sentece refers to the reduction of the duration of a prison sentence. It is
another prerogative of the President as provided under the Constitution. It is an act of clemency
by which a heavier or longer sentence is reduce to a lighter or shorter tem. Example a death
sentence of life imprisonment is reduced to a shortter sentece. Commutation does not forgive the
offender but merely reduces the penalty of life imprisonment or death sentece for a term of years.
• A commuutation of sentence amounts to a reduction of the penalty originally imposed.
Commutation of sentence may take place even without the grantee’s consent under the revised
penal code, as amended by republic act no. 7659 (death penalty) providing for the re-imposition
of the death penalty commutation of the penalty of death to reclusion perpetua is provided in
cases when a convict is below eighteen 18years of age at the time of the commission of the
crime or over 70 years of age or when the required majority vote is not obtained for the
imposition of or affirmance of an imposed death penalty by the supreme court En Banc.
• Commutation of sentence also benefits inmates sentenced to a fixed or determinate sentence,
which renders him or her ineligible for parole. Commutation of sentence changes the original
fixed sentence to a lesser inderteminate sentence, which will then enable the beneficiary to be
released on parole. Commutation is also appropriate to convicts sentenced to several counts.

• Minimum Requirements of Imprisonment before Commutation of sentence is Granted


• For Commutation of snetence, the inmate should have served;
• A. At least 1/3 of the definite or aggregate prison terms;
• B. At least ½ of the minimum of the indeterminate prison term or aggregate minimum of the
inderminate prison terms;
• C. At least 10years for inmates sentence to one 1 reclusion perpetua or one 1 life imprisonment
for crimes/offenses not punished under republic Act. No. 7659 and other special laws;
• D. At least 13years for inmates whose indeterminate and/or definite prison terms were adjusted
to a definite prison term of forty 40 years in accordance with the provisions of Art 70 of the RPC
as amended;
• E. At least fifteen 15 years for inmates convicted of heinous crimes/offenses as defined in
republic act no. 7659 or other special laws, committed on or after january 1 , 1994 and
sentenced to one reclusion perpetua or one life imprisonment.
• F. At least eighteen 18years for inmates convicted and sentenced to reclusion perpetua or life
imprisonment for violation or republic act no. 6425 as amended, otherwise known as “The
Dangerous Drugs Act of 1972” or Republic Act No. 9165 also known as “ The Comprehensive
Dangerous Drugs Act of 2002’ and for kidnapping for ransom of violation of the laws on terrorism,
plunder and transnational crimes;
• G. At least twenty 20years for inmates sentenced to 2 or more reclusion perpetua of life
imprisonment even if their senteces were adjusted to a definite prison term of forty 40years in
accordance with the provisions of Art 70 of the Revised Penal Code, as amended.
• H. At least twenty-five 25years for inmates originally sentenced to death penalty but which was
automatically reduced or commuted to reclusion perpetua or life imprisonment. (sec 4 board of
pardons and parole (resolution no.24-4-10)
• 6. REMISSION OF FINES AND FORFEITURES – it should be note that remission of fines and
forfeitures merely prevents the collection of fines or the confiscation of forfeited property; it
cannot have the effect of returning property which has been vested in third parties or money in
the public treasury.
• The President can remit a fine or forfeiture only with respect to those within the interest of
the state and not those of private parties whose rights have been vested and fixed by the
judgment. Fines and forfeitures already paid to the treasury cannot be remitted either since any
disbursement of funds therefrom require legislation.
• Remission refers to an act of liberty by virtue of which, without receiving any equivalent, the
creditor renounces the enforcement of the obligation, which is extinguished in its entirelty or in
that part or aspect of the same to which the remission refers.
• Fine is a pecuniary punishment imposed by a lawful tribunal upon a person convicted of
crime or misdemeanor.
• Forfeiture is the incurring of liability to pay a definite sum of money as the consequence of
violating the provisions of some state or refusal to comply with some requirment of law. It may be
said to be a penalty for misconduct or breach of duty.
• is suspension of sentence the same as reprieve?
• No. Suspension of sentence is always a part of the judicial power while reprieve is always
a part of the executive power. The suspension of sentence simply postpone the judgment of the
court temporarily or indefinitely, but the conviction and liability following it. and all civil disabilities,
remain and become operative when judgment is rendered. Reprieve on the other hand, is a
prerogative exercised by the President of the Philippines ( Executive Clemency) Generally, it is
applied to death sentence already affirmed by the supreme court.

• The instances when sentences may be suspended


• The following are instance or situation in criminal cases where in the accused, either as
an adult or as a minor, can apply for and/or be granted a suspended sentence;
• 1) where the accused became insane before sentence could be promulgated (Art, 79, RPC)
• 2) where the offender, upon conviction by the trial court, filled an application for probation which
has been granted (Baclayan vs. Mutia 129 SCRA 148 (1984))
• 3) where the offender needs to be confined in a rehabilitation center because of drug
dependency although convicted of the crime charged.
• 4) where the offender is a youthful offender under Art. 192, PD 603 l, otherwise referred to as the
Child and Youth Welfare
• 5) where the crime was committed when the offender is under 18years of age and he is found
guilty thereof in accordance with R.A No. 9344, otherwise known as the "Juvenile Justice and
welfare Act. of 2006". but the trial court subject him to appropriate disposition measure as
prescribe by the Supreme Court in the Rule on Juveniles in Conflict with the Law.
• 6) the death sentence shall be suspended upon a woman while she is pregnant or within one
year after delivery (Art. 84, RPC)
• 7) Suspension of sentence of a first time Minor Offender under article 66 of R.A No. 9165, known
as the Comprehensive Dangerous Drugs Act of 2002, ( U.P Law Center, Suggested answer for
the 2006 Bar Examination Question No. V. 2008 ed, pp. 19-20)
• Suspension of the Executive of Death Sentence under Article 83 of the RPC
• Death sentence shall be suspended when the accused as a;
• a.) Woman while pregnant
• b.) Woman within one year after delivery or,
• c.) A person over 70 years of age.

• Recommendation, Resolution and Certification of Executive Clemency


• The president may, motupropio or upon recommendation of the board or of any other agency,
grant reprieves, commutations and pardon and remit fines and forfeitures after final judgment the
President may also review, revise, amend, revoke of affirm the recommendation of the board;
refer any matter pertaining to executive clemency of the Board or to any other agency.
• Under Section 18 of the Amended Guidelines for Recommending Executive Clemency, atleast
majority of the sitting members of the Board of Pardons and Parole shall be necessary to
recommendation shall be contained in a resolution of the Board to be submitted to the office of
the President for his basic.
• After due deliberation, of the board, by the vote of at least majority of the sitting members,
Thereby recommended to the President of the Philippines the grant of executive clemency in
favor of the above named individuals in the form of (State whether the executive clemency being
recommended is in the form of absolute pardon, conditional pardon, commutation of sentence, or
reprieve, if commutation state the period; if reprieve, state the date certain)

• Supporting Documents to be submitted to the office of the President

• - The Board shall submit all relevant documents to the office of the President along with its
resolution recommending the grant of executive clemency, including the following documents.
• 1) A summary in matrix form of the following information about the prisoner.
• a. Name
• b. crime for which convicted
• c. Penalty imposed
• d. Actual the spent in prison (not including Good conduct time allowance)
• 2) if recommended for commutation
• a. Recommended commuted term
• b. Time to be served without commutation
• c. Time to be served with commutation
• 3) Statement whether;
• a. Convicted (prior to or subsequent to conviction of crime of which executive clemency is
sought) for Kidnap for Ransom or any drug-related offense; and
• c. Previously granted executive clemency.
• 4) the prisoners carpeta, prison record, and mittimus or commitment order;

• 5) copy of notice of publication of names of those being considered for executive clemency
pursuant to section 11.

• 6) Pertinent minutes of the board meetings;


• 7) Such other documents and certification ( i.e., physician certification, and recommendation of
the department of foreign affairs pertaining to foreigners recommended for executive clemency)
in compliance with section 3,4,and8

• Note; the office of the President shall not act upon any recommendation for executive clemency
form the board unless all supporting documents enumerated above have been submitted ( Sec
19 Amended Guidelines for Recommending Executive Clemency)
• THANK YOU !!

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