2006 AMENDED GUIDELINES RECOMMENDING EXECUTIVE CLEMENCY, as amended by

Resolution No. 24-4-10

Request BPP

MINIMUM REQUIREMENTS
For commutation of sentence, PDL served at least:
- 1/3 of definite/aggregate prison terms
- half of min./aggregate min. of indeterminate prison terms, For conditional pardon, PDL served at least half of max. of For absolute pardon, PDL served max. sentence; granted final
- 10y if punishable by RP/LI and not a heinous crime indeterminate/definite term release and discharge3; or court termination of probation
- 13y if prison term adjusted to 40y sentence under Art. 701
- 15y if heinous crime2 and one sentence of RP/LI
- 18y for drug offense, kidnapping for ransom, terrorism, plunder,
transanational crimes
- 20y if more than one RP/LI
- 25y if death reduced to RP/LI TRANSMITTAL

D/W shall forward prison record and carpeta of prisoners, who may possibly fall under exceptional4 or other circumstances5, for evaluation/consideration by BPP

CONSIDERATION OF CASES FOR EC; NOTICE; PUBLICATION

BPP will notify, offended party or immediate relatives, with 30d for BPP will publish names of those being considered in newspaper of
BPP may consider cases for EC upon petition6, referral by Office of
comment. Notice may be waived in case of extreme national circulation, with 30d for comment Publication may be
the President (OP), or motu proprio.
urgency/interest of justice waived in case of extreme urgency/interest of justice

REFFERAL TO GOVERNMENT AGENCIES

BPP may, in its discretion, refer a petition for EC to:

- a Probation and Parole Officer (PPO), for submission of a Report7 within 30d from referral
- COMELEC, for violation of election laws, rules, and regulations; DND and DILG Secretary, for crimes against national security/public order/law of nations; DFA, if prisoner is an alien, for

comment/recommendation

PROCEEDINGS OF THE BOARD

Board shall decide matters pertaining to EC only after deliberation during a meeting with a quorum. Board shall seriously consider any opposition filed

SUBMISSION TO OFFICE OF THE PRESIDENT

Board will submit resolution recommending grant of EC and all relevant documents to the OP

GRANT OF EXECUTIVE CLEMENCY; RELEASE

Upon receipt of OP's grant of EC, BPP shall immediately implement grant. BP shall send PDL a copy of
Upon PDL's actual release, D/W will send certification of release to BPP and PPA
the grant thru BuCor Director/jail warden (D/W)

MONITORING OF COMPLIANCE; PRESENTATION TO PPO; REPORTS

PPO shall report to the board Parolee's violation of conditional

For conditional pardon, BPP will monitor pardonee's compliance Within period given by OP, pardonee shall present himself to PPO. pardon,serious deviation from supervision program, or commission
with conditions PPO will inform BPP if pardonee reported or not of another offense. In case of violation, BPP shall recommend
arrest/recommitment to OP

SUMMARY REPORT

After period stated in grant of EC expires, PPO will submit a summary report on his supervision, with attached clearances from court, police, OCP, barangay

CERTIFICATE OF FINAL RELEASE AND DISCHARGE

Upon receipt of summary report and recommendation of Chief PPO, that pardonee has complied will BPP will forward CFRD to pardonee, court that imposed sentence, PPO, BuCor, NBI, PNP, and OP. If
all conditions, BPP will issue Certificate of Final Release and Discharge (CFRD) pardonee is an alien, BuCor will refer him to BI
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ARTICLE 70. Successive Service of Sentences; Exception. — When the culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will so permit; otherwise, said penalties shall be executed successively, following
the order of their respective severity, which shall be determined in accordance with the following scale:
1. Death.
2. Reclusión perpetua.
3. Reclusión temporal.
4. Prisión mayor.
5. Prisión correccional.
6. Arresto mayor.
7. Arresto menor.

A person sentenced to destierro who is also sentenced to the penalty of prisión or arresto shall be required to serve these latter
penalties before serving the penalty of destierro.

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committed on or after January 1, 1994

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However, the Board may consider a petition for absolute pardon even before the grant of final release and discharge under the
provisions of Section 6 or Act No. 4103, as amended, as when the petitioner: (1) is seeking an appointive/elective public position or
reinstatement in the government service; (2) will take any government examination; or (3) is emigrating, provided the petitioner shall
submit an approved immigrant application.

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SECTION 3. Extraordinary Circumstances. — The Board shall recommend to the President the grant of executive clemency when
the following extraordinary circumstances are present such that a strict application of the law will result in manifest injustice:

a. The trial court or appellate court in its decision recommended the grant of executive clemency for the prisoner;
b. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed;
c. Evidence which the court failed to consider, before conviction, which would have justified an acquittal of the accused;
d. Prisoners who were over nine (9) years but under eighteen (18) years of age at the time of the commission of the offense.
e. Prisoners who are seventy (70) years old and above who have served at least five (5) years of their sentence or those
whose continued imprisonment is inimical to their health as recommended by a physician of the Bureau of Corrections
Hospital and certified by a physician designated by the Department of Health or designated by the Malacañang Clinic
Director;
f. Prisoners who suffer from serious and life-threatening illness/disease or severe physical disability such as those who are
totally blind, paralyzed, bedridden, etc., as recommended by a physician of the Bureau of Corrections Hospital and certified
by a physician designed by the Department of Health or designated by the Malacañang Clinic Director;
g. Alien prisoners where diplomatic considerations and amity among nations necessitate review.
h. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.

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SECTION 4. Other Circumstances. — When none of the extraordinary circumstances enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the President the grant of executive clemency to an inmate provided the inmate meets the
following minimum requirements of imprisonment.

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SECTION 7. Petition. — When a petition is filed by, or on behalf of, a prisoner, the form of said petition shall substantially comply
with the form prescribed by the Board and shall clearly show the following:

a. The prisoner's biographic data;

b. The details of conviction; and
c. The grounds upon which executive clemency is sought.

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on the behavior, character antecedents, mental and physical condition of the petitioner, and the results of the National Bureau of
Investigation records check.