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Ca 2 Prelim

The document provides an introduction to executive clemency. It discusses (1) non-institutional corrections which involves parole grants to efficiently release prisoners, (2) executive clemency which is the president's power to pardon crimes and remit penalties, and (3) the executive clemency investigation process which looks at prisoners' records to determine parole or clemency eligibility. It also outlines the different types of executive clemency including reprieve, pardon, amnesty, commutation of sentence, and parole.

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Johanna Mae Facto Paracale
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41 views2 pages

Ca 2 Prelim

The document provides an introduction to executive clemency. It discusses (1) non-institutional corrections which involves parole grants to efficiently release prisoners, (2) executive clemency which is the president's power to pardon crimes and remit penalties, and (3) the executive clemency investigation process which looks at prisoners' records to determine parole or clemency eligibility. It also outlines the different types of executive clemency including reprieve, pardon, amnesty, commutation of sentence, and parole.

Uploaded by

Johanna Mae Facto Paracale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MODULE 1

INTRODUCTION TO EXECUTIVE CLEMENCY

DISCUSSION

LESSON 1

 Non- Institutional or Community Based Correction- refer to that method of correcting sentenced
offenders without having to go to prison. It involves the efficient performance of the Board of
Pardons and Parole in the granting of timely release of prisoners.

 Executive Clemency- is the power of the President in federal criminal cases to pardon a person
convicted of a crime except for impeachment cases and remit fines and forfeitures after the
recipient has been convicted the granted by the President of the Philippines upon the
recommendation of the Board of Pardons and Parole

 Executive clemency investigation process-


 a. Looks into the physical, mental and moral records of prisoners who are eligible for
parole or any form of executive clemency and determines the proper time of release of
such prisoners on parole;
 b. Assists in the full rehabilitation of individuals on parole or those under conditional pardon
with parole conditions, by way of parole supervision; and,
 c. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.

LESSON 2

 Types of Executive Clemency


 Reprieve is also prerogative exercised by the President of the Philippines. Generally, it is
applied to death sentences already affirmed by the Supreme Court. It is the temporary stay of
the execution of a sentence generally extended to death penalty prisoners to enable the Chief
Executive to thoroughly study the petition of the condemned man for commutation of sentence
or pardon

1
 Pardon is an act of grace and privilege extended to a convict as discretionary act of grace,
proceeding from the power entrusted with the execution of the laws, which exempts the
individual from the punishment for a crime committed. It is the private, though official, act of the
executive, delivered to the individual for whose benefit it is intended but whose validity may be
dependent on whether it is accepted.
Two forms of pardon:
o Absolute Pardon- refers 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 or which he was convicted.
o Conditional Pardon- refers to the exemption of an individual, within certain
limits or conditions; from the punishments that the law inflicts for the
offense he has committed resulting in the partial extinction of his criminal
liability.
 Amnesty “commonly denotes the general pardon to rebels for their treason and other high political
offenses.” But while amnesty is the form of executive clemency generally granted to political
offenders, this does not preclude the President from extending individual pardons to the persons
concerned
 Commutation of Sentence- shall refer to the reduction of the duration of a prison sentence. It is an
act of clemency by which heavier or longer sentence is reduced to a lighter or shorter term. The
petitioner must have served at least one-third (1/3) of the minimum of his indeterminate sentence.
 Parole- the release of prisoners before the expiration of his maximum sentence is what we called
Parole. It is a method of selectively releasing an offender from an institution prior to completion of
his maximum sentence. It is a freedom extended to incarcerated offenders even before the
expiration of his sentence if the offender can show that he has been converted into a respectable,
law-abiding citizen.

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