Sally Martinez

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EXECUTIVE CLEMENCY:

CONCEPTS AND RELATIONS


TO COMMUNITY
BASED CORRETIONS.
Executive clemency refers to
Absolute Pardon, Conditional
Pardon, Parole and Commutation of
Sentence as may be granted by the
President upon the recommendation
of the Board of Pardons and Parole,
Under the law, the President has the
power to grant pardons,
commutations, reprieves, amnesty for
all offenses except impeachment
cases and remit fines and forfeitures
after the recipient has been
convicted
!he Board of Pardons and Parole is
the agency in charge with the release
of sentenced prisoners based on
modes specified by law
"ts actions and proceedings governed
by the provisions of Sections # of Act
$o #%&',otherwise Sentence (aw,
as amended, and executive )rder
$o *+*, series of %+,-,otherwise
.nown as the administrative Code of
%+,-
!he Policy )b/ectives of the BPP as
enunciated in Section % of the 0ules
and 0egulations of the Board of
Pardons and Parole states1
2Conformably with the basic precepts
of /ustice and mercy, it shall be the
policy of the BPP to uplift and
redeem valuable human material to
economic usefulness and to prevent
unnecessary and excessive
deprivation of personal liberty3
Pardon 4 is a form of
executive elemency granted by the
President as a privilege extended to
convicts as a discretionary act of
grace $either the legislative nor the
/udiciary branch of government has
the power to set conditions or
establish procedures for the exercise
of this Presidential prerogative
!o prove his innocence, an innocent
man re5uires the services of a lawyer
whose 5ualification is better that the
lawyer of the others
Absolute pardon
and conditional
pardon
Absolute pardon has no conditions
attaeched to it unli.e the other
pardon, which has attached
conditions6 hence, it is called
conditional pardon Absolute pardon
is garnted upon the recommendation
of the board of pardon and parole to
the president through the secretary
of /ustice
Absolute pardon
0efers to the total extinction
of the criminal liability of the
individual to whom it is
granted without any
condition whatsoever and
restores to the individual his
civil rights and remits the
penalty imposed for the
particular offense of which
he was convicted
THE PURPOSE Of
ABSOLUTE PARDON
ARE;
% to right a wrong7 nothing in this
world is perfect even the
administration of /ustice can escape
this phenomenon
2. to normalize a tumultuous political
Situation incumbent regime as
criminals and subversives.
3.CONDITIONAL
PARDON
0efers to the exemption of an
individual
8ithin limits or conditions6 from the
punishment that the law inflicts for
the offense he has committed
resulting in the partial extinction of his
criminal liabilitiy "t is also granted by
the president of the pilippines to
release an inmate who has been
reformed but is not eligible to be
released on parole
Under Article +9 of the
revised Penal code,a pardon
violator upon conviction will
be liable for imprisonment of
prison correctional But
under Article %9+ of the
0evised Penal code, if the
expired portion of the original
sentence of the pardonee
exceeds six years, then this
more than six years of
pardoned sentence will have
to be fully served by the
recommitted pardon violator
AMNESTY special
form of pardon exercised
by the President class of
people who are usually
political offenders.While
pardon is likewise issued by
the President and si also
political in nature, it is an
exclusive act of the
President where the Courts
and Congress has no
violator.
reprive
reprive is the temporary stay of
the execution of a sentence. In
death sentences,the date of
execution of the death convict
is held in abeyance for a
certain period to enable the
Chief to temporarily stay
execution of sentence.
COMMUTATION OF
SENTENCE
:eath sentence or life
imprisonment is reduced to a
shorter sentence
Commutation does not
forgive the offender but
merely reduces the penalty
of life imprisonment or death
sentence for a term of
years

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