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CHAPTER 5
PAROLE AND EXECUTIVE CLEMENCY

MEANING OF PAROLE

It is a French word “Parole D Honeur " and is used in the sense of word of honor or promise.
Thus, the implication is that the released prisoner would give his honor and that he would abide by the
terms of his conditional release.

NAMES TO REMEMBER IN THE HISTORY OF PAROLE

CAPT.ALEXANDER MACONOCHIE - (England) became the Governor/ Supt. of Norfolk Island, a penal
colony in the east of Australia and initiated the famous “Mark System". FATHER OF PAROLE (IN
AUSTRALIA)

DR. S.G. HOWE OF BOSTON – first man to use the word "parole”, he used the word in a letter to a prison
Association of New York in 1869, after some American Prison Reformers who observed that the Irish
Prison System paved the way for the approval of the law creating Elmira Reformatory.

ZEBULON R. BROCKWAY Superintendent of Elmira Reformatory, compulsorily developed parole which

soon spread to other states in the U.S.A - FOUNDER OF PAROLE IN USA

SIR WALTER CROFTON - remedied and perfected the failure drawbacks in the Mark System. He
introduced the lrish System was appointed as the Director of lrish Prison System. - FOUNDER OF PAROLE
IN IRELAND

4 STAGES OF IRISH SYSTEM

I. The first stage of the lrish system was solitary confinement for nine months at a certain prison;

II. The second stage was an assignment to the public works at Spike Island. The prisoner worked his
promotion through a series of the grades according to a mark system;

III. In the third stage the prisoner without custodial supervision was exposed to ordinary temptations
of freedom; and

IV. The final stage was the release on supervision under conditions equivalent to present day parole.
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PAROLE IN THE PHILIPPINES

Act. 4103 - Otherwise known as the “Indeterminate Sentence Taw (Took effect on December 5,
1933) Board of Indeterminate Sentence

Amended Executive Order 83, series of 1937

- Gave the Board the authority to advice the Chief executive on the course or courses of action to
take on petitions for executive clemencies.

- It renamed the Board of Indeterminate Sentence to BOARD OF PARDONS

Amended by Executive Order 94, otherwise known as “The Reorganization Law of 1947" which
abolished the Board of Pardons and created the Board of Pardons and Parole

BPP Resolution No. 229 dated April 2, 1991 “Authority of Regional Probation and Parole Officers”
to conduct Pre-Parole Investigation.

BOARD OF PARDONS AND PAROLE

 The Board of Pardons and Parole was created pursuant to Act No. 4103, as amended. It is the
intent of the law to uplift and redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal liberty.

 It grants parole and recommends to the President the grant of any form of executive clemency to
deserving prisoners or individuals.

 It reviews reports submitted by the Parole and Probation Administration (PPA) and make
necessary decisions.

 It is a functional unit under the Department of Justice.

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SEC 3 ACT NO 4103

Composition of BPP (5 members)

Chairman
- Secretary of Justice
4 Members
- Sociologist-Clergyman/Educator-Psychiatrist-Woman

Appointing Authority:
- President of Philippines
- Consent from COA
- Term: 6yrs

EXECUTIVE ORDER NO. 154

CHAIRMAN: Secretary of Justice or his representative (full-time)

6 members: (full-time)
- The Administrator of the Parole and Probation Administration as ex-officio member
- a sociologist,
- a clergyman,
- an educator,
- a person with training and experience in correction work, and a member of the Philippine Bar;
Provided, that one of them is a woman.

EXECUTIVE ORDER NO. 868

HEAD: CHAIRMAN (Rank: Undersecretary)

Assisted by 7 members: (Rank: Privileges as an Assistant Secretary)
- sociologist,
- a clergyman,
- an educator,
- a person with training and expertise in correction work,
- a member of the Philippine Bar,
- a retired member of the Judiciary,
- and the Administrator of the Parole and Probation Administration, as ex-officio member,

Note: One must be a woman

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- Appointed by: President

- Recommended by: Secretary of Justice
- Term of office: 6 years (serve full-time)

EXECUTIVE CLEMENCY

 Is a disposition of the President to show mercy, especially toward an offender or enemy. It is

granted for the purpose of relieving the harshness of the law or correcting mistakes in the
administration of justice.

 Under the criminal justice system is the act by an executive member of government of extending
mercy to a convicted individual.

 In the United States, clemency is granted by a governor for state crimes and by a president for
federal crimes.

CONSTITUTIONAL BASIS:

ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION

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
judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

CLEMENCY CAN TAKE ONE OF FOUR FORMS

 REPRIEVE
 COMMUTATION OF SENTENCE
 PARDON
 AMNESTY

PARDON

 It is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment that the law inflicts for a
crime he has committed.

 Pardoning power is exercised by the President.

GENERAL TYPES OF PARDON
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1. Special Pardon - Pardon given to a single individual.

2. General Pardon - pardon given to classes or group of people.

KINDS OF PARDON

 "Conditional Pardon” refers to the exemption of an individual, within certain limits or

conditions, from the punishment which the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal liability;

 "Absolute Pardon” refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition. It restores to the individual his civil and political rights
and remits the penalty imposed for the particular offense of which he was convicted;

CRISTOBAL VS LABRADOR

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the doctrine that the
absolute pardon removes all that is left of the consequences of conviction, and that it is absolute in so
far it restores the pardonee to full civil and political rights.

In another case, the supreme Court reiterated the doctrine laid down on the Cristobal vs.
Labrador case and elucidated further that “ an absolute pardon not only blots out the crime but removes
all disabilities resulting from the conviction; and that when granted after the term of imprisonment has
expired, absolute pardon removes all that is left of the consequences of conviction." (Polobello vs.
Palatino, 72 Phil.441)

EFFECTS OF PARDON

1) removes penalties and disabilities and restores full civil and political rights;

2) It does not discharge the civil liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong;

3) It does not restore offices, property or rights vested in others in consequence of the conviction.

Under our law, a pardon shall not work the restoration of the right to hold public office or the
right of suffrage unless such rights be expressly restored by the terms of the pardon.

LIMITATIONS /DISQUALIFICATION UPON THE PARDONING POWER

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1) It may not be exercised in impeachment cases;

2) It may be exercised only after conviction by final judgment;

3) It may not be exercised over civil and legislative contempt;

4) In case of violation of election law or rules and regulations, no pardon, parole or suspension of
sentence may be granted without the recommendation of the Commission on Elections;

5) It may not be exercised during pendency of case or trial or during appeal

6) Violation of Art. 157- evasion of service of sentence for 1 year from the time of recommitment; and

7) It cannot be exercised in cases of violations of tax laws. It is an elementary principle in political law
that pardon can only be given after final conviction. Cases pending trial or on appeal are still within
the exclusive jurisdiction of the courts; hence, pursuant to the theory of separation of powers, the
Chief Executive has no jurisdiction over the accused.

Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for
a period of one (1) year from the date or their last recommitment to prison or conviction for evasion of
service of sentence

COMMUTATION OF SENTENCE

Reduction or lowering, shortening of sentence

 an executive clemency changing a heavier sentence to a less serious one, or a longer prison term
to a shorter one

 granted by the president with the recommendation of the BPP

 granted after conviction but do not erase the fact of conviction of the person
 granted with condition of maintaining good behavior

REPRIEVE

Refers to the deferment of the implementation of the sentence for an interval of time; it does
not annul the sentence bu. merely postpones or suspends its execution. The postponement / withholding
or temporary stay of the execution of a death sentence

A temporary stay of the execution of the sentence. Like pardon, the President can only exercise
reprieve when the sentence has become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several days to enable the Chief Executive
to study the petition of the condemned man for commutation of sentence or pardon.

WHEN A DEATH SENTENCE MAY SUSPENDED?

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Death sentence shall be suspended when the accused is:

1. A woman, while pregnant;

2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a person over 70 years old is
necessary to give the President time to act because only the President can reduce the sentence.

5. In cases wherein, a convicted prisoner became insane before the actual date of execution.

AMNESTY

An act of the sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of a political character, such
as treason, sedition or rebellion. Also known as General Pardon or Blanket Pardon

Amnesty, from the Greek stem amnestia, meaning to forget, is an act of the legislature whose
aim is to erase an accomplished fact which would otherwise be punishable, and so either to prevent or to
stop legal action or as the case may be, to erase any sentence. Amnesty laws have their own particular
characteristics: they are by definition retroactive, since they can only apply to acts committed before
they are passed. Their application is always a matter of public concern.

DISQUALIFICATION FOR AMNESTY

1. Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of torture, crimes
against chastity and other crimes committed for personal ends."

 Rules, procedures, and further requirements to implement Proclamation No.75 were contained in
Circular No. 1 of the DND Amnesty Committee.

 It included a condition where the applicant should have an "express admission" of participation
and guilt, and a "recantation of all previous statements" that are not consistent with the
admission.

2. Cannot also be granted in cases of impeachment

3. Cannot be applied to cases of violation of election laws without favorable recommendation from the
COMELEC

4. Cannot be granted in cases of RA 9745 or anti torture law.

5. Cannot be extended to cases of civil and legislative contempt
EFFECTS OF AMNESTY
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1. Looks Backward: Extinguishes Criminal Liability

 Amnesty totally extinguishes criminal liability and produces total oblivion.

2. Restore Civil and Political Rights

 Amnesty restores all the civil and political rights lost due to criminal and other actions or
proceedings as a product of conviction.

The Philippines had issued two amnesty proclamations past.

PRESIDENTIAL PROCLAMATION NO.51

Pres. Manuel Roxas amnestifying those who collaborated with the Japanese during WWII.

PRESIDENTIAL PROCLAMATION NO.76

Pres. Elpidio Quirino extending amnesty to leaders and members of the Hukbo ng Bayan Laban sa
Hapon (HUKBALAHAP) or Huk and Pambansang Kaisahan ng mga Mambubukid (PKM).