EXECUTIVE CLEMENCY one of four forms: a reprieve, a commutation of

sentence, a pardon and amnesty.

CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE
CONSTITUTION
CHAPTER’S CONTENTS Except in cases of impeachment, or as
otherwise provided in this Constitution,
1. Executive Clemency the President may grant reprieves,
2. Pardon commutations, and pardons, and remit
3. Amnesty fines and forfeitures, after conviction by
4. Reprieved final judgment.
5. Commutation of Sentence He shall also have the power to grant
amnesty with the concurrence of a
majority of all the Members of the
SPECIFIC OBJECTIVE Congress.

At the end of this chapter the students should 2. Section 5, Article IX (Constitutional
be able to: Commissions-The Commission on
Elections)
1. define and understand the nature of No pardon, amnesty, parole, or
Executive Clemency; suspension of sentence for violation of
2. define and understand the concept of election rules, and regulations shall be
the following executive clemencies: granted by the President without a
a. pardon ; favorable recommendation of the
b. amnesty ; Commission.
c. reprieved; and
d. commutation of sentence; WHO WILL GRANT EXECUTIVE CLEMECY?
3. identify the limitations of the pardoning It is exercise by the President.
power of the president; Upon the recommendation of the Board of
4. differentiates pardon to amnesty; Pardons and Parole, s/he can grant pardons,
5. discuss how executive clemencies are commute sentences, or defer the implementation
granted. of sentences.

EXECUTIVE CLEMENCY BASICS

WHAT IS EXECUTIVE CLEMENCY? 1. It is discretionary;
It shall refer to Absolute Pardon, Conditional 2. It may not be controlled by the legislature
Pardon with or without Parole conditions and or reversed by the courts unless there is
Commutation of Sentence as may be granted by violation of the Constitution; and
the President of the Philippines upon the 3. Executive Clemency must often be
recommendation of the Board of Pardon and requested by application or petition
Parole. before it is granted. In most jurisdictions,
It is an act of mercy or leniency from certain these applications first must be filed with
consequences of a criminal conviction, and is a reviewing agency such as the state
exercised by the President after receipt of a board of pardon and parole before being
recommendation from the BPP. seen by the appropriate government
Executive Clemency under the criminal justice head.
system is the act by an executive member of
government of extending mercy to a convicted WHY IT IS EXTENDED
individual. In the United States, clemency is In general, Executive Clemency is often
granted by a governor for state crimes and by a extended for humanitarian reasons, such as to an
president for federal crimes. Clemency can take aged and ill inmate who needs specialized medical
care. Inmates who suffer from serious, contagious,
or life threatening illness or disease and those leper, a cripple or is blind or similar
prisoners with severe disability can now be disabilities;
recommended for executive clemency. 4. serious illness and other life-threatening
The condition of the inmate should be certified disease as certified by a government
“under oath” by a physician of the Bureau of physician;
Corrections Hospital and likewise certified under 5. those prisoners recommended for the
oath by a physician designated by the Department grant of executive clemency by the
of Health (DOH trial/appellate court as stated in the
It is also extended in the following instances: decision;
3. When there is real doubt about the guilt of 6. alien prisoners where diplomatic
the party. considerations and amity between nations
4. When the sentence given is Apparently necessitate review;
excessive 7. circumstances which show that his
5. When the party is a political or personal continued imprisonment will be inhuman
friend of the President. or will pose a grave danger to the life of
6. To clear the record of some who has the prisoner or his co-inmates; and,
demonstrated rehabilitation or public 8. such other similar or analogous
service. circumstances whenever the interest of
justice will be served thereby.
FACTORS TO BE CONSIDERED IN PETITION FOR
CONDITIONAL PARDON, COMMUTATION OF FILING OF PETITION
SENTENCE OR PAROLE - The following factors may A formal petition for executive clemency
be considered by the Board in the grant of addressed as follows shall be submitted to the
conditional pardon, commutation of sentence or Board before the question of said clemency will be
parole: considered:
a. the age of the petitioner, the gravity of "The President of the Philippines
the offense and the manner in which it Thru: The Chairman
was committed, and the institutional Board of Pardons and Parole
behavior or conduct and previous criminal DOJ Agencies Bldg., NIA Road cor. East Avenue
record, if any; Diliman, Quezon City"
b. evidence that petitioner will be
legitimately employed upon release; Petitions for parole shall be addressed to the
c. a showing that the petitioner has a place Chairman or to the Executive Director of the
where he will reside; Board.
d. availability of after-care services for the However, the Board may, motu proprio ,
petitioner who is old, seriously ill or consider cases for parole, commutation of
suffering from a physical disability; sentence or conditional pardon of deserving
e. attitude towards the offense and the prisoners whenever the interest of justice will be
degree of remorse; and, served thereby.
f. the risk to other persons, including the
victim, his witnesses, his family and CONTENTS OF PETITION
friends, or the community in general, the 1. Name of the prisoner
possibility of retaliation by the victim, his 2. Age
family and friends. 3. Previous criminal record
4. Whether a Filipino citizen or an alien and,
SPECIAL CONSIDERATION TO THE if a naturalized Filipino, his former
RECOMMENDATION FOR COMMUTATION OF nationality and date of naturalization,
SENTENCE OR CONDITIONAL PARDON 5. Previous occupation
1. youthful offenders; 6. Place of residence
2. prisoners who are sixty (60) years old and 7. Present crime for which he was convicted,
above; 8. Trial/Appellate court,
3. physical disability such as when the
prisoner is bedridden, a deaf mute, a
 9. His penalty of imprisonment, fine,
indemnity and the commencing date SECTION 2. CONSIDERATION OF CASES FOR
thereof EXECUTIVE CLEMENCY
10. Jail or prison to which he was committed The Board [of Pardons and Parole] may
and/or where he is presently confined consider cases for executive clemency upon
11. Date he was received for confinement petition, or referral by the Office of the President,
12. Grounds upon which executive clemency or motu proprio.
is being asked and certification from the
trial court that his case is not on appeal. SECTION 3. EXTRAORDINARY CIRCUMSTANCES
NOTA BENE: A petition for absolute pardon The Board shall recommend to the President the
shall be under oath and shall include the date grant of executive clemency when the following
the petitioner was released from prison after extraordinary circumstances are present such that
service of sentence or released on a strict application of the law will result in manifest
parole/pardon or terminated from probation. injustice:
1. The trial court or appellate court in its
REFERRAL OF PETITION FOR EXECUTIVE decision recommended the grant of
CLEMENCY/PAROLE TO OTHER GOVERNMENT executive clemency for the prisoner;
AGENCIES 2. Under the peculiar circumstances of the
a. Secretary of National Defense - If the case, the penalty imposed is too harsh
crime committed by the petitioner is compared to the crime committed;
against national security or public order or 3. Evidence which the court failed to
law of nations. consider, before conviction, which would
b. Commission on Elections - In case of have justified an acquittal of the accused;
violation of election laws, rules and 4. Prisoners who were over nine (9) years old
regulations. but under eighteen (18) years of age at the
c. Department of Foreign Affairs - In case of time of the commission of the offense;
an alien. 5. Prisoners who are (70) years old and
above who have served at least five (5)
PRISONERS NOT ELIGIBLE FOR EXECUTIVE years of their sentence or those whose
CLEMENCY continued imprisonment is inimical to their
Prisoners who escaped or evaded service of health as recommended by a physician
sentence are not eligible for executive clemency designated by the Department of Health
for a period of one (1) year from the date of their or designated by the Malacañang Clinic
last recommitment to prison or conviction for Director;
evasion of service of sentence. 6. Prisoners who suffer from serious and life-
threatening illness/disease or severe
TRANSMITTAL OF CARPETA AND PRISON RECORD physical disability such as those who are
In executive clemency/parole cases, the totally blind, paralyzed, bedridden, etc., as
Director or Warden concerned shall forward the recommended by a physician of the
prison record and carpeta of a petitioner at least Bureau of Corrections Hospital and
one (1) month prior to the eligibility for review as certified by a physician designated by the
specified in Sections 10 and 13 of these Rules. Department of Health or designated by
The Director or Warden concerned shall also the Malacañang Clinic Director;
furnish the Board and the Administration on or 7. Alien prisoners where diplomatic
before the fifth day of every month, a list of considerations and amity among nations
prisoners whose minimum sentences will expire necessitate review;
within ninety (90) days and those who may be 8. Such other similar or analogous
considered for executive clemency. circumstances whenever the interest of
justice will be served thereby.
EXCERPTS FROM THE AMENDED GUIDELINES FOR
RECOMMENDING EXECUTIVE CLEMENCY, REVISED SECTION 4. OTHER CIRCUMSTANCES
MANUAL, BOARD OF PARDONS AND PAROLE When none of the extraordinary circumstances
(2006) exist, the Board may nonetheless review and/or
recommend to the President the grant of recommendation of the Department of
executive clemency to a prisoner upon any of the Foreign Affairs, the grant of executive
following grounds: clemency may be availed by a foreign prisoner
1. When he is suffering from severe physical or alien serving a prison sentence in the
disability as when he is a deaf-mute, a Philippines, as an opportunity for securing the
leper, a cripple, or is partially blind, etc., as release of Filipino convicts, if any in the
recommended by a physician of the country of the convicted foreigner or alien.
Bureau of Corrections Hospital and
certified by a physician designated by the
Department of Health or designated by
the Malacañang Clinic Director;
3. When he is suffering from serious illness PARDON
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; WHAT IS PARDON?
4. Such other circumstances whenever the It is a form of executive clemency granted by
interest of justice will be served thereby. the President of the Philippines as a privilege to a
Provided, that a petition for executive convict as a discretionary act of grace.
clemency under this section may be reviewed only A pardon is the remission of a penalty. It is an
if the petitioner meets the following minimum act of grace or forgiveness that relieves the person
requirements: pardoned from some or all of the ramifications of
lawful punishment. A pardon may be conditional or
SECTION 5. EXCEPTIONS unconditional. Pardons do not erase or seal a
Even with the existence of any of the conviction; a pardon forgives guilt. It vested to the
circumstances enumerated in Sections 3 and 4, the Chief Executive (The President) as a matter of
Board shall not favorably recommend petitions for power.
executive clemency of the following prisoners: Pardon is “an act of grace, proceeding from
1. Those convicted of Evasion of Service of the power entrusted with the execution of the
Sentence; laws, which exempts the individual, on whom it is
2. Those who violated the conditions of their bestowed, from the punishment the law inflicts for
Conditional Pardon; a crime he has committed. It is the private, though
3. Those who are habitual delinquents or official act of the executive magistrate, delivered
recidivists; to the individual for whose benefit it is intended,
4. Those convicted of Kidnapping for and not communicated officially to the Court. A
Ransom; pardon is a deed, to the validity of which delivery is
5. Those convicted of violation of Republic essential, and delivery is not complete without
Act No. 6425, as amended, otherwise acceptance.”
known as "The Dangerous Drugs Act of Neither the legislative nor the judiciary branch
1972", or Republic Act 9165, also known as of the government has the power to set conditions
the Dangerous Durgs act of 2002", and or establish procedures for the exercise of this
other drug related offenses except those Presidential prerogative.
convicted only of use and/or possession of When a pardon is granted, the convicted
prohibited or regulated drugs; offender is forgiven the crime and its penalty. A
6. Those convicted of offenses committed head of state or government generally grants it
under the influence of drugs; when the convicted individual has fulfilled his or
7. Those whose release from prison would her debt to society or is somehow otherwise
pose a threat to the public safety or would worthy of being forgiven the crime. A pardon does
constitute a danger to society; and not erase the conviction, but it can in some
8. Those suffering from dementia or insanity. jurisdictions remove some of the disqualifications
Above notwithstanding, in view of caused by it.
diplomatic considerations and upon
 to release an inmate who has been
ABOUT PARDON reformed but is not eligible to be released
1. It is the remission of a penalty. on parole.
2. It is an act of grace.
3. It is may be conditional or unconditional. PARDON DOES NOT EXTINGUISH CIVIL
4. It does not erase or seal a conviction. LIABILITIES & IT IS PROSPECTIVE
5. It forgives guilt either from the crime and
its penalty. MONSANTO VS. FACTORAN
6. It is vested to the Chief Executive. G.R. NO. 78239 FEBRUARY 9, 1989
7. It is the private act but official act of the
president.
FACTS:
8. It is not communicated officially to the
Court. Monsanto was the Asst Treasurer of
9. It is a deed, to the validity of which Calbayug City. She was charged for the crime
delivery is essential, and delivery is not of Estafa through Falsification of Public
complete without acceptance. Documents. She was found guilty and was
10. Neither the legislative nor the judiciary sentenced to jail. She was however granted
branch of the government has the power pardon by Marcos. She then wrote a letter to
to set conditions or establish procedures the Minister of Finance for her to be
for the exercise of this Presidential reinstated to her former position since it was
prerogative. still vacant. She was also requesting for back
pays. The Minister of Finance referred the
TWO TYPES OF PARDON
1. Absolute Pardon-It refers to the total issue to the Office of the President and
extinction of the criminal liability of the Factoran denied Monsanto’s request averring
individual to whom it is granted without that Monsanto must first seek appointment
any condition whatsoever and restores to and that the pardon does not reinstate her
the individual his civil rights and remits the former position. Also, Monsanto avers that by
penalty imposed for the particular offense reason of the pardon, she should no longer be
of which he was convicted. compelled to answer for the civil liabilities
brought about by her acts.
PURPOSE:
1. To right a wrong
ISSUE:
2. To normalize a tumultuous political
situation. Whether or not Monsanto should be
reinstated to her former post.
Absolute Pardon is also granted by a HELD:
President to an imprisoned president the A pardon looks to the future. It is not
incumbent has deposed. retrospective. It makes no amends for the
Absolute Pardon is granted in order to past. It affords no relief for what has been
restore full political and civil rights to suffered by the offender. It does not impose
convicted persons who have already upon the government any obligation to make
served their sentenced and have reached
reparation for what has been suffered. “Since
the prescribed period for the grant of
Absolute Pardon.
the offense has been established by judicial
proceedings, that which has been done or
2. Conditional Pardon-It refers to the suffered while they were in force is presumed
exemption of an individual, within certain to have been rightfully done and justly
limits or conditions; from the punishment suffered, and no satisfaction for it can be
that the law inflicts for the offenses he has required.” This would explain why petitioner,
committed resulting in the partial though pardoned, cannot be entitled to
extinction of his criminal liability. It is also receive backpay for lost earnings and benefits.
granted by the President of the Philippines
On the other hand, civil liability arising from must remain where the sovereign authority has
crime is governed by the RPC. It subsists placed it and must be exercised by the highest
notwithstanding service of sentence, or for authority to whom it is entrusted. An absolute
any reason the sentence is not served by pardon not only blots out the crime committed,
but removes all disabilities resulting from the
pardon, amnesty or commutation of sentence.
conviction. In the present case, the disability is the
Petitioner’s civil liability may only be result of conviction without which there would be
extinguished by the same causes recognized no basis for disqualification from voting.
in the Civil Code, namely: payment, loss of the Imprisonment is not the only punishment which
thing due, remission of the debt, merger of the law imposes upon those who violate its
the rights of creditor and debtor, command. There are accessory and resultant
compensation and novation. disabilities, and the pardoning power likewise
extends to such disabilities. When granted after
the term of imprisonment has expired, absolute
PARDON – RESTORATION OF CIVIL & POLITICAL pardon removes all that is left of the consequences
RIGHTS f conviction. In the present case, while the pardon
extended to respondent Santos is conditional in
CRISTOBAL VS. LABRADOR the sense that “he will be eligible for appointment
G.R. No. L-47941, December 7, 1940 only to positions which a e clerical or manual in
nature involving no money or property
FACTS: responsibility,” it is absolute insofar as it “restores
Santos was convicted of the crime of the respondent to full civil and political rights.
estafa. He was given pardon by the president but Upon other hand, the suggestion that the
even prior to his pardon he was already holding the disqualification imposed in par (b) of sec 94 of CA
position as the municipality president of Malabon 357, does not fall within the purview of the
notwithstanding his conviction. Cristobal, on the pardoning power of the president, would lead to
other hand, averred that Santos should be the impairment of the pardoning power of the
excluded from the list of electors in Malabon president, not contemplated in the Constitution,
because he was already convicted of final and would lead furthermore to the result that
judgment “for any crime against property”. This is there would be no way of restoring the political
pursuant to CA 357 of the New Election Code. The privilege in a case of this nature except through
lower court presided by Labrador ruled that Santos legislative action.
is exempt from the provision of the law by virtue
of the pardon restoring the respondent to his “full LIMITATIONS OF THE PARDONING POWER OF THE
civil and political rights, except that with respect to PRESIDENT
the right to hold public office or employment, he The following are the limitations of the
will be eligible for appointment only to positions pardoning power of the President:
which are clerical or manual in nature and involving a. It may not be exercised for offenses in
no money or property responsibility.” impeachment cases;
b. It may be exercised only after conviction
ISSUE: by final judgment except amnesty;
Whether or not Santos should not be c. It may not be exercised over legislative or
excluded as an elector. civil contempt (as for refusing to answer a
HELD: proper question as a witness in a case);
It should be observed that there are two d. In case of violation of election law or rules
limitations upon the exercise of this constitutional and regulations without favorable
prerogative by the Chief Executive, namely: (a) recommendations of the COMELEC;
that the power be exercised after conviction; and e. It cannot be exercised to violation of tax
(b) that such power does not extend cases of laws.
impeachment. Subject to the limitations imposed f. It cannot absolve convict of civil liability
by the Constitution, the pardoning power cannot g. It cannot restore public offices forfeited.
be restricted or controlled by legislative action. It
 NOTA BENE: The limitations provided under The power to pardon, which is a form of
the Constitution are: (1) No pardon may be granted executive clemency, is given to the President
in impeachment cases; (2) No pardon may be under Section 19, Article VII of the Constitution. It
granted when otherwise provided under the reads: Except in cases of impeachment, or as
Constitution, specifically Sec. 5, Article IX-C, which otherwise provided in this Constitution, the
provides that “No pardon, amnesty, parole or President may grant reprieves, commutations, and
suspension of sentence for violation of elections pardons, and remit fines and forfeitures, after
laws, rules, and regulations shall be granted by the conviction by final judgment.
President without the favorable recommendation He shall also have the power to grant amnesty
of the [COMELEC]“; and (3) It may only be granted with the concurrence of a majority of all the
“after conviction by final judgment”. members of the Congress.

WHAT IS THE EFFECT OF PARDON? HOW IS PARDON DIFFERENT FROM PROBATION?

While a pardon has generally been regarded as Probation and pardon are not the same.
blotting out the existence of guilt so that in the eye Probation is “a disposition under which a
of the law the offender is as innocent as though he defendant, after conviction and sentence, is
never committed the offense, it does not operate released subject to conditions imposed by the
for all purposes. The very essence of a pardon is court and to the supervision of a probation
forgiveness or remission of guilt. Pardon implies officer.” Probation is a part of the judicial power,
guilt. It does not erase the fact of the commission while pardon is a part of the executive power. The
of the crime and the conviction thereof. It does not suspension of the sentence under probation simply
wash out the moral stain. It involves forgiveness postpones the judgment of the court temporarily
and not forgetfulness. or indefinitely, but the conviction and liability
The better considered cases regard full pardon following it, and the civil disabilities, remain and
(at least one not based on the offender’s become operative when judgment is rendered.
innocence) as relieving the party from all the
punitive consequences of his criminal act, including PARDON – APPLICABLE TO ADMINISTRATIVE
the disqualifications or disabilities based on the CASES
finding of guilt. But it relieves him from nothing
more. “To say, however, that the offender is a LLAMAS VS. ORBOS
“new man”, and “as innocent as if he had never G.R. NO. 99031, OCTOBER 15, 1991
committed the offense;” is to ignore the difference
between the crime and the criminal. A person
FACTS:
adjudged guilty of an offense is a convicted
criminal, though pardoned; he may be deserving of Rodolfo Llamas is the incumbent Vice-
punishment, though left unpunished; and the law governor of Tarlac, and on March 1, 1991, he
may regard him as more dangerous to society than assumed office by virtue of a decision of
one never found guilty of crime, though it places the Office of the President, the governorship.
no restraints upon him following his conviction.” Mariano Ocampo III is the incumbent
A pardon looks to the future. It is not governor and was suspended from office due
retrospective. It makes no amends for the past. It to having been found guilty of having violated
affords no relief for what has been suffered by the the Anti-Graft and Corrupt Practices Act. Oscar
offender. It does not impose upon the government Orbos was the Executive Secretary at the time
any obligation to make reparation for what has
of the petition, and is being impleaded herein
been suffered. “Since the offense has been
established by judicial proceedings, that which has in that official capacity for having issued, by
been done or suffered while they were in force is authority of the President, the assailed
presumed to have been rightfully done and justly Resolution granting executive clemency to
suffered, and no satisfaction for it can be Llamas thus, putting him back to his position
required.” as the governor of tarlac. Petitioner contends
that executive clemency could only be granted
WHAT IS THE CONSTITUTIONAL BASIS OF to criminal cases and not administrative cases;
PARDON?
that there has been no final judgement of the President cannot grant executive
private respondent's motion for clemency in administrative cases. It is a
reconsideration; and that his constitutional considered view that if the President
rights to due process were violated. can grant reprieves, commutations
and pardons, and remit fines and
ISSUE: forfeitures in criminal cases, with
1. WON the president has the power much more reason can she grant
to grant executive clemency in executive clemency in administrative
administrative cases. cases, which are clearly less serious
2. WON there has been a final judgment. than criminal offenses.
3. WON the petitioner's constitutional
rights were violated. 2. Yes. There has been a final judgment
because upon the acceptance of the
HELD: presidential pardon, the grantee
1. Yes. The president can grant executive is deemed to have waived any appeal
clemency based in Art. VII sec. 19 of which he may have filed.
the constitution. The petitioner's
contention that the president 3. No. the petitioner's constitutional
may only grant executive clemency to rights to due process was not
criminal cases based on said provision violated because his being not notified
is untenable because the Constitution of the subject of pardon is based
does not distinguish between cases on the fact that pardon is the private,
executive clemency may be exercised though official, act of the executive
by the President, with the magistrate, delivered to the individual
sole exclusion of impeachment cases. for whose benefit it is intended and
Ubi lexnon distinguit, necnos not communicated officially to the
distinguire debemos. If the law does court. Thus, said notice is unnecessary
not distinguish, we must not
distinguish. Also a number of laws HOW IS PARDON DIFFERENT FROM
impliedly or expressly recognize the COMMUTATION AND REPRIEVE?
exercise of executive clemency in Commutation” is a remission of a part of the
punishment; a substitution of a less penalty for the
administrative cases. One example of
one originally imposed.
which is Sec. 43 of PD 807 which A “reprieve” or “respite” is the withholding of
provides that in meritorious cases, the the sentence for an interval of time, a
president may commute or remove postponement of execution, a temporary
administrative penalties or disabilities suspension of execution.
issued upon officers and employees in
disciplinary cases. Moreover, the
intent of the constitutional
commission is to give the president
the power to grant executive
clemency and is not be limited in terms
AMNESTY
of coverage, except as already
provided in the constitution.
Therefore SC held that pardon
is applicable to Administrative cases. WHAT IS AMNESTY
The SC does not clearly see any valid A general pardon extended to a group of
and convincing reason why the persons, such a political offenders purposely to
bring about the return of dissidents to their home entitled "Granting Amnesty to Rebels,
and to restore peace and order in the community. Insurgents, and All Other Persons Who Have
It Is generally exercised by the Chief Executive with or May Have Committed Crimes Against Public
the concurrence of congress. Order, Other Crimes Committed in
It is an act of sovereign power granting
Furtherance of Political Ends, and Violations of
oblivion or general pardon for past offense and
rarely, if ever, exercised in favor of single individual the Article of War, and Creating a National
is usually exerted in behalf of certain classes of Amnesty Commission." His application was
person who are subjected to trial but not have favorably granted by the National Amnesty
been convicted. Board.

NOTA BENE: Amnesty can be availed of before, ISSUE:

during and after the trial of the case, even after WON accused be granted an amnesty.
conviction.
HELD:
PEOPLE VS. PATRIARCA This Court takes judicial notice of the
G.R. NO. 135457. SEPTEMBER 29, 2000 grant of amnesty upon accused-appellant Jose
N. Patriarca, Jr. Once granted, it is binding and
FACTS: effective. It serves to put an end to the appeal.
That on or about the 30th day of June, Pardon is granted by the Chief
1987 at about 10:00 o'clock in the evening in Executive. It is a private act, which must be
the Municipality of Donsol, Province of pleaded and proved by the person pardoned,
Sorsogon, Philippines and within the because the courts take no notice thereof;
jurisdiction of this Honorable Court, the while amnesty by Proclamation of the Chief
above-named accused conspiring, Executive with the concurrence of Congress is
confederating and mutually helping one a public act of w/c the courts should take
another, armed with guns, forcibly took away judicial notice. Pardon is granted to one after
ALFREDO AREVALO from his residence and conviction; while amnesty is granted to classes
brought him to Sitio Abre, Mabini, Donsol, of person or communities who may be guilty
Sorsogon, and did then and there willfully, of political offenses, generally before or after
unlawfully and feloniously with intent to kill, the institution of the criminal prosecution and
with treachery and evident premeditation, sometimes after conviction. Pardon looks
attack, assault and shoot ALFREDO AREVALO forward and relieves the offender from the
thereby inflicting upon him mortal wounds, consequences of an offense of which he has
which directly caused his death to the damage been convicted, it abolishes or forgives the
and prejudice of his legal heirs. punishment thus it does not work the
Accused-appellant Jose Patriarca, Jr. restoration of the rights to hold public office
appeals the decision of the Regional Trial or right of suffrage unless such rights be
Court at Sorsogon, Sorsogon, Branch 52, in expressly restored by the 10 terms of the
Criminal Case No. 2773 convicting him of pardon and it in no case exempts the culprit
murder and sentencing him to reclusion from the payment of the civil indemnity
perpetua. He was also charged with Murder imposed upon him by the sentence (Article 36,
for the killing of one Rudy de Borja and a Revised Penal Code). While amnesty looks
certain Elmer Cadag under Information’s backward and abolishes and puts into oblivion
docketed as Criminal Cases Nos. 2665 and the offense itself, it so overlooks and
2672, respectively. obliterates the offense with which he is
Accused-appellant applied for amnesty charged that the person released by amnesty
under Proclamation No. 724 amending stands before the law precisely as though he
Proclamation No. 347, dated March 25, 1994, had committed no offense."
 court may take judicial be pleaded and proved
DIFFERENCES BETWEEN AMNESTY AND PARDON notice by the person
pardoned
7. As to the number of those who can avail:
Pardon includes any crime and is exercised Looks backward and Looks forward and
individually by the Chief Executive, while
puts the offense into relieves the offender
amnesty is a blanket pardon granted to a
group of prisoners, generally political oblivion from the
prisoners. consequences of his
8. As to the Time to Avail: Pardon is exercised offense
when the person is already convicted, while
amnesty maybe given before trial or
investigation is done. ADMISSION OF GUILT
9. As to the Consent of Congress: Pardon is
granted by the Chief Executive and such as GAUDENCIO VERA VS. PEOPLE OF THE
private act, which must plead and proved by PHILIPPINES
the person pardoned because the court takes
AMNESTY – REVERSAL OF THE DOCTRINE HELD
no choice thereof. While amnesty is by
IN THE BARRIOQUINTO CASE
proclamation with concurrence of congress,
and it is a public act, which the court should FACTS:
take judicial notice. Vera, together with 92 others were
10. As to the Effect: Pardon is an act of charged for the crime of kidnapping with
forgiveness, i.e. it relieves the offender from murder done against a certain Lozaňes. The
the consequences of the offense, while said crime was committed allegedly to aid the
amnesty is an act of forgetfulness. i.e. it puts Japanese occupation. During the hearing,
into oblivion the offense of which one is none of the petitioners-defendants admitted
charged so that the person as if he had never having committed the crime charged. In fact,
committed the offense.
Gaudencio Vera, the only defendant who took
11. As to the Crime committed: Pardon is granted
for infractions of the peace of the State while
the witness stand, instead of admitting the
amnesty, for crimes against sovereignty of the killing of the deceased Lozañes, categorically
state (ex. political offense) denied it. Hence, the Amnesty Commission
held that it could not take cognizance of the
Amnesty Pardon case, on the ground that the benefits of the
Amnesty Proclamation, could be invoked only
Granted for political Granted for any by defendants in a criminal case who,
offenses offense admitting the commission of the crime, plead
that said commission was in pursuance of the
Granted to classes of Granted to individuals resistance movement and perpetrated against
persons or persons who aided the enemy during the
communities Japanese occupation. Consequently, the
Commission ordered that the case be
May be granted at any Granted after final remanded to the court of origin for trial.
time conviction
ISSUE:
Need not be accepted Must be accepted
Whether or not the accused can avail
Requires the Does not need the of amnesty sans admission of guilt.
concurrence of concurrence of
HELD:
congress congress
It is rank inconsistency for appellant
Public act which the Private act which must to justify an act, or seek forgiveness for an act
which, according to him, he has not recommended by the National Unification
committed. Amnesty presupposes the Commission;
commission of a crime, and when an accused WHEREAS, amnesty was proclaimed under
maintains that he has not committed a crime, Proclamation Nos. 10 and 10-A, which
proclamations however extended only to those
he cannot have any use for amnesty. Where
who applied for amnesty under Executive Order
an amnesty proclamation imposes certain No. 350, Series of 1989, and whose applications
conditions, as in this case, it is incumbent were processed and ready for action as of 28 July
upon the accused to prove the existence of 1992, and who applied for amnesty under
such conditions. The invocation of amnesty is Executive Order No. 350 from 28 July 1992 up to 31
in the nature of a plea of confession and December 1992;
avoidance, which means that the pleader WHEREAS, after the lapse of the period for
admits the allegations against him but application for the grant of amnesty under
disclaims liability therefore on account of Proclamation Nos. 10 and 10-A, many more rebels
and insurgents, who may have committed unlawful
intervening facts which, if proved, would bring
acts in pursuit of their political beliefs, have
the crime charged within the scope of the
returned or expressed their desire and readiness to
amnesty proclamation. The present rule return to the fold of the law and join the
requires a previous admission of guilt since a mainstream of Philippine society; and
person would not need the benefit of amnesty WHEREAS, there is a need for government to
unless he was, to begin with, guilty of the act on rebel and insurgent returnees’ request for
offense covered by the proclamation. the grant of amnesty so that they may live in peace
in the pursuit of productive endeavors without
prejudice to any legal arrangement that may result
LAW ON AMNESTY from a negotiated settlement which the
government is pursuing with the various rebel and
PROCLAMATION NO. 347 insurgent groups.
GRANTING AMNESTY TO REBELS, INSURGENTS, NOW, THEREFORE, I, FIDEL V. RAMOS,
AND ALL OTHER PERSONS WHO HAVE OR MAY President of the Republic of the Philippines, by
HAVE COMMITTED CRIMES AGAINST PUBLIC virtue of the powers vested in me by Section 19,
ORDER, OTHER CRIMES COMMITTED IN Article VII of the Constitution, do hereby declare
FURTHERANCE OF POLITICAL ENDS, AND and proclaim:
VIOLATIONS OF THE ARTICLES OF WAR, AND
CREATING A NATIONAL AMNESTY COMMISSION Section 1. Grant of Amnesty. – Amnesty is hereby
granted to all persons who shall apply therefor and
WHEREAS, the peace process, as an anchor of who have or may have committed crimes, on or
political, economic and social stability and before thirty (30) days following the publication of
development, has steadily moved forward with the this Proclamation in two (2) newspapers of general
overwhelming acceptance and support of the circulation, in pursuit of political beliefs, whether
Filipino people; punishable under the Revised Penal Code or special
WHEREAS, to enhance and hasten the peace laws, including but not limited to the following:
process, there is a need to reintegrate, as soon as rebellion or insurrection; coup d’etat; conspiracy
possible, all rebels and insurgents into the and proposal to commit rebellion, insurrection or
mainstream of society under the rule of law, coup d’etat; disloyalty of public officers or
including those who may have committed unlawful employees; inciting to rebellion or insurrection;
acts in furtherance of their respective political sedition; conspiracy to commit sedition; inciting to
beliefs; sedition; illegal assembly; illegal association; direct
WHEREAS, the grant of amnesty to those who assault; indirect assault; resistance and
may have committed unlawful acts in pursuit of disobedience to a person in authority or the agents
their political beliefs is one of the six paths to the of such person; tumults and other disturbances of
attainment of a just and lasting peace as public order; unlawful use of means of publication
and unlawful utterances; alarms and scandals;
illegal possession of firearms, ammunition or
explosives, committed in furtherance of, incident determinations of the Commission shall be
to, or in connection with the crimes of rebellion or appealable to the Court of Appeals.
insurrection and violations of Articles 59 Pursuant to its functions, the Commission shall be
(desertion), 62 (absence without leave), 67 (mutiny authorized to:
or sedition), 68 (failure to suppress mutiny or (a) Administer oaths, summon witnesses and
sedition), 94 (various crimes), 96 (conduct require the production of documents by
unbecoming an officer and a gentlemen), and 97 subpoena duces tecum; Provided, that the
(general article) of the Articles of War; Provided, testimonies of the applicant and his
that the amnesty shall not cover crimes against witnesses for a grant of amnesty, and any
chastity and other crimes committed for personal evidence presented by him before the
ends. Commission not otherwise, available to
the prosecution, shall not be used as
Section 2. Effects. – (a) Amnesty under this evidence against the applicant in any other
Proclamation shall extinguish any criminal liability proceeding where the amnesty is not in
for acts committed in pursuit of a political belief, issue, except for perjury committed in so
without prejudice to the grantee’s civil liability for testifying;
injuries or damages caused to private persons. The (b) Promulgate rules and regulations subject
grant of amnesty shall also effect the restoration of to the approval of the President;
civil or political rights suspended or lost by virtue (c) Call on any Government office, body,
of criminal conviction. agency, instrumentality, council and
(b) The amnesty herein proclaimed shall not ipso commission to render assistance in the
facto result in the reintegration or reinstatement efficient and effective implementation of
into the service of former Armed Forces of the its functions;
Philippines and Philippine National Police (d) Constitute Local Amnesty Boards in such
personnel. Reintegration or reinstatement into the provinces, cities, and municipalities as may
service shall continue to be governed by existing be necessary; and
laws and regulations; Provided, however, that the (e) Perform such other functions necessary
amnesty shall reinstate the right of AFP and PNP for the proper implementation of this
personnel to retirement and separation benefits, if Proclamation as may be authorized by the
so qualified under existing laws, rules and President.
regulations at the time of the commission of the The Commission shall be composed of seven
acts for which amnesty is extended, unless they (7) members: a chairperson and three (3) regular
have forfeited such retirement and separation members to be appointed by the President; the
benefits for reasons other than the acts covered by Secretary of Justice, the Secretary of National
this Proclamation. Defense and the Secretary of the Interior and Local
Government as ex-officio members.
Section 3. Firearms. – The surrender of firearms, The amounts necessary for the operational
ammunitions and explosives shall not be a and administrative expenses of the Commission
condition for amnesty. Applicants for amnesty may shall be funded from the budget of the Office of
surrender their firearms within sixty (60) days from the President.
the effectivity of this Proclamation without The term of the Commission shall expire upon the
incurring liability for illegal possession thereof. The completion of its assigned tasks as may be
Government shall continue to encourage rebels determined by the President.
and insurgents to turn-in firearms, ammunition and
explosives which may be in their possession. Section 5. Who May Apply. – All persons who have
or may have committed the crimes enumerated in
Section 4. National Amnesty Commission. – There Section 1, within the period prescribed therein,
is hereby created a National Amnesty Commission, including those detained, charged, or convicted for
hereinafter referred to as the Commission, which the commission of the same crimes, may apply
shall be primarily tasked with receiving and with the Commission for the grant of amnesty.
processing applications for amnesty, and
determining whether the applicants are entitled to Section 6. Application Period. – Applications for
amnesty under this Proclamation. Final decisions or the grant of amnesty shall be filed under oath with
the Commission within six (6) months from the pursue a true, comprehensive, just, and lasting
effectivity of this Proclamation. peace;
WHEREAS, by virtue of the General Agreement
Section 7. Effectivity. – This Proclamation shall take for Peace dated October 13, 1995 signed between
effect upon concurrence by a majority of all the the Government and the RAM-SFP-YOU,
Members of the Congress. Proclamation No. 723 was issued granting amnesty
to members and supporters of the RAM-SFP-YOU
DONE in the City of Manila, this 25th day of March and allowing those inadvertently omitted from the
in the year of Our Lord, Nineteen Hundred and said list to apply individually for amnesty;
Ninety-Four. WHEREAS, in the interest of equity and justice,
members of rebel groups other than the RAM-SFP-
YOU should also be entitled to file applications for
PROCLAMATION NO. 724 amnesty after the lapse of the period for
AMENDING PROCLAMATION NO. 347 DATED application under Proclamation No. 347;
MARCH 25, 1995 NOW, THEREFORE, I, FIDEL V.
RAMOS, President of the Republic of the
WHEREAS, on March 25, 1994, President Fidel Philippines, by virtue of the powers vested in me
V. Ramos issued Proclamation No. 347 entitled by Section 19, Article VII of the Constitution, do
“Granting Amnesty to Rebels, Insurgents, and All hereby declare and proclaim:
Other Persons Who Have or May Have Committed
Crimes Against Public Order, Other Crimes SECTION 1. Grant of Amnesty under Proclamation
Committed in Furtherance of Political Ends, and No. 347. Section 1 of Proclamation No. 347 is
Violations of the Articles of War, and Creating a hereby amended as follows:
National Amnesty Commission,” which was “Section 1. Grant of Amnesty.- Amnesty is hereby
concurred in by both Houses of Congress on June granted to all persons who shall apply therefor and
2, 1994 through Concurrent Resolution No. 12 as who have or may have committed crimes, on or
provided for by the Constitution; before June 1, 1995, in pursuit of their political
WHEREAS, when the prescribed period for beliefs, whether punishable under the Revised
filing of applications for amnesty lapsed on June 1, Penal Code or special laws, including but not
1995, 7,166 applications were recorded to have limited to the following: rebellion or insurrection;
been filed with the National Amnesty Commission coup d’etat; conspiracy and proposal to commit
and the nineteen (19) Local Amnesty Boards rebellion, insurrection, or coup d’etat; disloyalty of
nationwide; public officers or employees; inciting to rebellion or
WHEREAS, after June 1, 1995, the National insurrection; sedition; conspiracy to commit
Amnesty Commission and its nineteen (19) Local sedition; inciting to sedition; illegal assembly; illegal
Amnesty Boards throughout the country have association; direct assault; indirect assault;
reported that many other rebels and insurgents resistance and disobedience to a person in
voluntarily returned to the folds of the law and authority or agents of such person; tumults and
filed applications for amnesty or otherwise other disturbances of public order; unlawful use of
expressed their desire to avail of amnesty; means of publication and unlawful utterances;
WHEREAS, in the course of processing alarms and scandals; illegal possession of firearms,
amnesty applications, the National Amnesty ammunitions, and explosives, committed in
Commission has been constrained to deny amnesty furtherance of, incident to, or in connection with
to persons who were found to have committed the crimes of rebellion and insurrection; and
acts/crimes clearly in pursuit of their political belief violations of Articles 59 (desertion), 62 (absence
because their acts/crimes were committed after without leave), 67 (mutiny or sedition), 68 (failure
April 30, 1994 but before June 1, 1995, which is to suppress mutiny or sedition), 94 (various
beyond the period of coverage of Proclamation crimes), 96 ( conduct unbecoming an officer and
No. 347; or because they filed their applications gentleman), and 97 (general article) of the Articles
beyond the deadline of June 1, 1995; of War; Provided, That the amnesty shall not cover
WHEREAS, the sincere desire of the foregoing crimes against chastity and other crimes for
rebels and insurgents to return to the folds of the personal ends.”
law cannot be ignored by the Government if it is to
SEC. 2. Re-opening of Application In other cases, the degree of the penalty is
Period. Applications for the grant of amnesty reduced from death to reclusion perpetua.
under Proclamation No. 347 dated March 25, 1994, In Commutation of Sentence consent of the
as amended by this Proclamation, shall be filed offender is not necessary. The public welfare, not
with the National Amnesty Commission within his consent, determines what shall be done.
ninety (90) days from the effectivity of this
Proclamation. WHO MAY FILE A PETITION FOR COMMUTATION
OF SENTENCE?
SEC. 3. Effectivity. This Proclamation shall take The Board may review the petition of a
effect upon the concurrence by a majority of all prisoner for commutation of sentence if he/she
Members of Congress. meets the following minimum requirements:
DONE in the City of Manila this 17th day of May in 1. At least one half (1/2) of the minimum of
the year of Our Lord, Nineteen Hundred and his indeterminate and/or definite prison
Ninety-Six. term or the aggregate minimum of his
determinate and/or prison terms;
2. At least ten (10) years for prisoners
sentenced to one (1) reclusion perpetua or
one (1) life imprisonment, for
COMMUTATION OF crimes/offenses not punishable under
Republic Act 7659 and other special laws;
SENTENCE 3. At least twelve (12) years, for prisoners
whose sentences were adjusted to forty
(40) years in accordance with the
provisions of Article 70 of the Revised
Penal Code, as amended;
4. At least fifteen (15) years for prisoners
WHAT IS COMMUTATION OF SENTENCE?
convicted of heinous crimes as defined in
The act of the president changing, reducing or
Republic Act 7659 committed on or after
mitigating a heavier sentence to a lighter one or a
January 1, 1994 and sentenced to one (1)
longer term into a shorter term. It may alter death
reclusion perpetua or one (1) life
sentence to life sentence or life sentence to a term
imprisonment;
of years.
5. At least seventeen (17) years for prisoners
It does not forgive the offender but merely to
sentenced to two (2) or more reclusion
reduce the penalty pronounce by the court.
perpetua or life imprisonment even if their
It is a change of the decision of the court made
sentences were adjusted to forty (40)
by the Chief Executive by reducing the degree of
years in accordance with the provision of
the penalty inflicted upon the convict, or by
Article 70 of the Revised Penal Code, as
decreasing the length of the imprisonment of the
amended;
original sentence.
6. At least twenty (20) years, for those
A commutation of sentence takes place when
sentenced to death which was
the sentence, generally one of imprisonment, is
automatically commuted or reduced to
reduced to a lesser penalty or jail term. This type of
reclusion perpetua.
clemency does not void the conviction.

SPECIFIC CASES WHERE COMMUTATION IS

PROVIDED FOR BY THE CODE:
1. When the convict sentenced to death is over
70 years of age;
REPRIEVE
2. When ten justices of the Supreme Court
failed to reach a decision for the affirmation
of the death penalty;

WHAT IS REPRIEVE
 Reprieve, in criminal law, the temporary
suspension of a sentence, such as a stay of
execution, granted a person convicted of a capital
crime. A reprieve is usually granted by the
sovereign or chief executive and also, in the United
States, by the governor of a state. In some cases it
may be granted by the court that tried the
offender.
It is a postponement of sentence or temporary
stay of the execution of sentence especially the
execution of the death sentence. Generally,
Reprieve is extended to prisoners sentenced to
death.
The date of execution of sentenced is set back
several days to enable the Chief to study the
petition of the condemned man for commutation
of sentenced or pardon.
A reprieve is given to suspend the execution of
a sentence in order to give the prisoner time to
find ways to have it reduced. With respect to
capital cases, a reprieve is given to suspend the
execution of the death penalty for a period of time
to consider whether or not it should be imposed.

PURPOSE OF REPREIVE
The purpose of the reprieve is generally to
allow an investigation into the legality of the
conviction or into alleged newly discovered
evidence in favor of the convicted person. A
reprieve delays an execution but, unlike a pardon
or a commuted sentence, does not negate a
sentence unless the reinvestigation shows that the
prisoner has been unjustly tried or sentenced.