Chapter 4

EXECUTIVE CLEMENCY AND FUTURE OF

CORRECTIONS

Overview
Clemency means leniency or mercy. A power given to a public official,
such as a governor or the President, in some way lower or moderate the
harshness of punishment imposed upon a prisoner. Clemency is considered to
be an act of grace. It is based on the policy of fairness, and forgiveness.
However, it is not a right but rather a privilege, and one who is granted clemency
does not have the crime forgotten, as in amnesty, but is forgiven and treated
more leniently for the criminal acts.
The Correctional System in the Philippines is composed of six agencies
under three distinct and separate departments of the national government: The
Department of Justice or DOJ; The Department of Interior and Local
Government or DILG; and the Department of Social Welfare and Development
or DSWD.

General Objectives
1. Discuss the concept of Pardon and other forms of Executive
Clemency; and
2. Discuss the future of Philippine Corrections.

Lesson 1
PARDON AND OTHER FORMS OF EXECUTIVE CLEMENCY

Pre-discussion
The lesson tackles about pardon and other forms of executive clemency.
Pardon is a form of executive clemency which is exercised by the Chief
Executive. it is an act of grace and the recipient of pardon is entitled to it is a
matter if right. The exercise of pardon is vested in the executive, is discretionary
and is not subject to review or judicial notice by the court. Neither does the
Legislative Branch of the Government have the right to establish condition nor
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provide procedures for the exercise of the same. Hence, it is vulnerable for
abuse by the executive.
However, other forms of executive clemency like amnesty - is an act of
grace given with the concurrence of Congress. It is usually extended to groups
of persons who committed political offenses. It abolishes the offense itself.
Commutation of sentence - is the substitution of a lesser punishment for a
greater one. Finally, reprieve - the execution of the sentence is stayed or
postponed.

What to expect
At the end of the lesson, the students can:
1. discuss the meaning of executive clemency;
2. compare and contrast the different forms of executive clemency;
3. discuss the constitutional and statutory mandate of executive clemency;
4. discuss executive clemency investigation process;
5. identify and discuss the qualification and procedures for various types
of executive clemency; and
6. discuss the amended guidelines for recommending executive
clemency.

Lesson Outline

Executive Clemency
The power of a president in state convictions, to pardon a person
convicted of a crime, commute the sentence (shorten it, often to time already
served), or reduce it from death to another lesser sentence. There are many
reasons for exercising this power, including real doubts about the guilt of the
party, apparent excessive sentence, humanitarian concerns such as illness of
an aged inmate, to clear the record of someone who has demonstrated
rehabilitation or public service, or because the party is a political or personal
friend of the governor.
It is an executive function and not a function of the judiciary. It is also a
non-delegable power and it can only exercise by the President of the
Philippines personally.

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 Shall refer to absolute Pardon, Conditional Pardon with or without Parole
conditions and Commutation of sentence as may be granted by the President
of the Philippines.
The President extends executive clemency for administrative penalties.
The Constitution makes no distinction with regard to the extent of the pardoning
power except with respect to impeachment (Llamas, vs. Orbos, G.R. No.
99031, Oct. 15, 1991).

The Plenary Power of the President to grant Executive Clemency

Executive Power under section 1 of Article VII, 1987 Philippine
Constitution is defined as the power to enforce and administer the laws, which
means carrying them into practical operation and enforcing their due
observance.
The President shall ensure that laws are faithfully executed (section 17,
Article VII, 1987 Philippine Constitution).
Another mandated power of the President under the 1987 Philippine
Constitution is the Pardoning Power. Pardon is the act of grace by the Chief
Executive exempting the individual on whom it is bestowed from punishment
which the law inflicts for a crime he has committed. Pardon may be granted only
after conviction by final judgment.
Section 19 of Article VII of the 1987 Philippine Constitution
authorizes the President of the Republic of the Philippines to grant not only
pardon but also reprieve, commutation of sentence, remission of fines and
forfeitures, and amnesty. It provides:
“Section19. Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves,
commutation, 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 Members of the Congress.”

Limitations on the Exercise of the Power to Grant Pardon:

1. It cannot be granted in cases of impeachment

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 (Section 19, Article VII of the 1987 Constitution), an impeachment
proceeding is not judicial proceedings neither criminal prosecution and
therefore beyond the ambit of Pardoning power. But when the government
official is already impeached from his office and later on charged and convicted
criminally in an ordinary criminal action, the President may extend pardon to
him.

Impeachment – has been defined as a method of national inquest into the

conduct of public men.

2. It cannot be granted in cases of violation of election laws without the

favorable recommendation of the Commission on Elections
(Section 5, Article IX (C) – this provision is a good guard for the President
in exercising this power in favor to her political party mates who violated election
laws for her to win the presidency.
3. It can only be granted after conviction by final judgment
There is no room for pardon when the case has not yet reached its
finality.
e.g. in the case of former President Estrada, his appeal from the judgment of
Sandiganbayan was withdrawn to make it final and for him to avail the privilege
of pardon.
4. It may not be exercised over civil contempt – (as for refusing to answer a
proper question when testify as a witness in a case).

Note: the second limitation is based on the Constitutional provision under

Article IX(C)(5). The Commission on Elections. Section 5 provides:
“Section 5. No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules and regulations shall be granted by the
President without the favorable recommendation of the Commission.”

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Executive Clemency Investigation Process:
Upon referral from the Office of the President or upon petition of the
prisoner, the Board may act on his case. A formal petition may be submitted to
the Board and should be addressed to:
The President of the Philippines
Through: The Chairman
Board of Pardons and Parole
Under the Rules and Regulations of the Board of Pardons and Parole,
“The Board may, however, motu propio, consider cases for commutation
of sentence or the conditional pardon of deserving prisoners whenever
the interest of justice will be served thereby.”

Petition for Absolute or Conditional Pardon shall be endorsed to the

Board by the Secretary of the National Defense if the crime committed by
the prisoner is a crime against the national security. However, if it is a violation
against any of the crimes stated in the Omnibus Election Code or any of its
rules and regulations, then favorable endorsement shall be done by the
Commission on Election.

What are the guidelines for recommending Executive Clemency?

The President has the power to grant Executive Clemency. The Board
of Pardons and Parole acts on the cases of prisoners upon his application or
referral by the Office of the President.
The following Extra Ordinary Circumstances shall be considered in the
grant of Executive Clemency (EC) (BPP Manual 2006, as amended by Board
Resolution No. 24-4-10 dated April 3, 2010, and further amended by Board
Resolution No. OT-11-12 dated February 9, 2012).
1. Recommendation granting EC for the prisoner given by the trial court or
appellate court;
2. Penalty imposed is too harsh;
3. Presence of material evidences which was not considered by the court,
which would have justified an acquittal of the accused, prior to his/her
conviction;

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 4. Inmate was a minor (over 15 but less than 18) at the time of the
commission of the offense;
5. Inmate is over 70 years old and above whose continued confinement in
prison is hazardous to his health;
6. Inmate is suffering from serious and contagious disease or life-
threatening illness, or with severe physical disability such as those who
are totally blind, paralyzed, bedridden, and the likes, as recommended
by a physician of the Bureau of Corrections Hospital and certified under
oath by a physician designated by the Department of Health;
7. Alien inmates where diplomatic considerations and amity among nations
necessitates review; and
8. Such similar and analogous circumstances whenever the interest of
justice will be served thereby.

Prisoners shall not be granted Executive Clemency if

1. They had been on conditional pardon and violated any of its conditions;
2. They are recidivists;
3. They were convicted of evasion of service of sentence, kidnapping for
ransom, violation of R.A No. 9165 except those convicted of the use and
or possession of prohibited or regulated drugs, and offenses committed
under the influence of drug;
4. Their release would be at risk to the community; and
5. They are suffering from insanity.

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EXECUTIVE CLEMENCY INVESTIGATION PROCESS (Diagram)
Office of the President or Petition made by the Prisoner

Board (Referral)

PPA
- investigate
- submit required reports within 30
days

Board
- Recommends
- Resolves
- Certifies

Office of the President

Grant Denial

Conditional Pardon Document with Retention in jail or prison

Parole Conditions

FORMS OF EXECUTIVE CLEMENCY:

1. Pardon
2. Amnesty
3. Commutation of Sentence- only for sentence.
- Forfeiture of Fine- for the fines only.
4. Reprieve

Pardon
Concept and purpose of Pardon
Is defined as an act of grace given by those charged with the power and
authority to execute laws exempting the individual subject of pardon from the
punishment the law inflicts for a crime he has committed. The grant of pardon

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is an executive clemency that rests exclusively within the sound discretion of
the President, and is exercised with the objective of preventing a miscarriage
of justice or correcting a manifest injustice.
Is an act of grace, proceeding from the power entrusted with the
execution of the laws, which exempts an individual, on whom it is bestowed,
from the punishment the law inflicts for a crime it has committed. It is private,
though official act of the executive magistrate, delivered to the individual for
whose benefit it is intended, and not communicated officially to the court. (De
Leon vs. Director of Prisons, 31 Phil. 64)
Is a form of executive clemency granted by the President of the
Philippines as a privilege extended to a convict as discretionary act of grace.
Neither the legislative nor the judiciary branch of the government has the power
to set conditions or establish procedures for the exercise of this Presidential
prerogative. It is highly political in nature and is usually granted in response to
popular clamor or to aid in the return to normalcy of a political situation that
might affect the country if not addressed.
Is given by the Chief Executive and as such it is a private act which must
be pleaded and proved by the person pardoned because the courts take no
notice thereof. Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been convicted. It abolishes or
terminates the punishment, and for that reason does not work the restoration
of the rights to hold public office, or the rights of suffrage, unless such rights are
expressly restored by the terms of the pardon, and it, in no case, exempts the
culprit from the payment of the civil indemnity imposed upon him by the
sentence.
Is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance. The purpose of pardon is to afford relief from
undue harshness or evident mistake in the operation and enforcement of
criminal law (Domondon, Primus, 2009 Wrap-up Reviewer Notes in Criminal
Law, citing Monsanto vs. Factoran, Jr., G.R. No. 78239, February 9, 1989).
Proclamation of July 4, 1902, with respect to those offenses which
have arisen out of internal political feuds and dissensions among the Filipino
themselves, such as the ordinary crimes of murder, robbery, arson, etc., must

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be regarded in the nature of a pardon (Moreno, Phil. Law Dictionary, 3rd ed., p.
675, citing Villa vs. Allen, 2 Phil. 440).
Pardon may be general, applying to all persons falling within a certain
category, or it may be conceded to a single individual for an ordinary crime, in
which later case it is a special pardon, and is evidenced by a writing, the
acceptance of which is necessary in order that it may become effectual
(Moreno, Ibid, p. 675).

History of Pardon.
Commonly practiced by a King and Queen during ancient time.
Under New Testament – exercise by Roman Governor of Galilee,
Jerusalem on the occasion of the feast of the pass over released of a murderer
and robber named Barabas and ordered the cruxification of Jesus Christ.
Originally practiced by an ancient Hebrews, Greeks and the Romans.
Emerging countries of Europe, like France, Germany and other countries
especially England where the Pardoning Power were delegated to the Colonial
Governors who in turn practiced among the colonist. When the American
Revolution ended in colonial status of the American states, the same power to
grant Pardon continued. It was brought to the Philippines by the Americans.

Different Kinds of Pardon

1. Absolute Pardon (Plenary 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
which he was convicted.
The President also grants absolute pardon to the imprisoned
President he has deposed. This has happened in many countries around the
world. In our jurisdiction, former President Gloria Macapagal Arroyo granted
absolute pardon to former President Joseph Estrada who was convicted by the
Sandiganbayan for the crime of plunder.
Absolute Pardon is granted to restore full political and civil rights to
convicted persons who have already served their sentence and have reached
the prescribed period for the grant of absolute pardon.

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The Purpose of Absolute Pardon are:
1. To right a wrong – nothing in this world is perfect. Even the
administration of justice can escape this phenomenon.
2. To normalize a tumultuous political situation – those in power
brand critics and oppositions against an incumbent regime as criminals and
subversives.

Eligibility Requirements:
a. 10 years must have elapsed from the date of release of the petitioner from
confinement or 5 years from the date of the expiration of his/her maximum
sentence, which is more beneficial to him.
b. What to consider?
1. Age of the petitioner.
2. The gravity of the offense.
3. Manner of the commission of the offense.
4. Institutional behavioral conduct.

2. Conditional Pardon (Partial Pardon)

Refers to the exemption of an individual, within certain limits or
conditions, from the punishment the law inflicts for the offense he has
committed resulting in the partial extinction of the criminal liability.
Is one under which the convict is required to comply the certain
conditions and it is not immediately effective unless accepted by the recipient.
A conditional pardon is in the nature of a contract between the Chief
Executive and the convict to the effect that the former will release the latter
subject to the condition that if he does not comply with the terms of the pardon,
he will be recommitted to prison to serve the unexpired portion of the sentence
or an additional one (Alvarez vs. Dir. of Prison, 80 Phil. 50).
Is a contract between the Chief Executive (President of the Republic)
and the convicted criminal, the convict’s consent to the terms stipulated in the
contract, the convict has placed himself under the supervision of the Chief
Executive or his delegate who is duty bound to see to it that the convict complies
with the conditions of the pardons.

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 Is applicable to inmates who were slapped a fixed or determinate
sentence or a life imprisonment who are, otherwise, not eligible for parole. It
has the nature of a contract in which the pardonee agrees to comply strictly with
the conditioned imposed by the pardon, otherwise, violations of the conditions
will revoke the contract of a conditional pardon and the pardonee will be
criminally prosecuted as a violator.
In a Conditional Pardon, the condition may be less acceptable to the
condemned than the original punishment, and may in fact be more onerous. In
this respect it differs from a commutation, which is a mere reduction of the
penalty, or from a pardon which is its total remission (Moreno, Phil. Law
Dictionary, 3rd ed., p. 675).

Eligibility Requirements:
1. Served at least ½ of the minimum of his/her indeterminate sentence
or the following portions of his/her prison sentence.
2. At least 2 years of minimum sentenced if convicted of murder or
parricide but not sentenced to reclusion perpetua.
3. At least 1 year of the minimum sentenced if convicted of homicide
4. At least 9 months if convicted of frustrated homicide.
5. At least 6 months if convicted by attempted homicide.
-Act No. 1524 – Act providing for enforcement of conditions of
Pardon (Conditional Pardon.)

Ways of extending Conditional Pardon to the convict:

a. Through the operation of the Indeterminate Sentence Law;
b. Through the grant of probation under the Probation Law; and
c. Through the exercise of the President, muto propio, of the power
under the Constitution.

Similarities of Absolute and Conditional Pardon:

A pardon, whether absolute or conditional, is in the nature of a deed,
for the validity of which delivery is an indispensable requisite. Until accepted,
all benefits to the grantee may be cancelled. But once accepted by the grantee,

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the pardon already delivered cannot be revoked by the authority which granted
it.

3. General Pardon
Is a pardon which applies to all persons falling within a certain category
(Villa vs. Allen, 2 Phil. 440).

4. Special Pardon
Is a pardon which is conceded to a single individual for an ordinary
crime (Villa vs. Allen, 2 Phil. 440).

When is Pardon Granted?

Pardon is granted only after final conviction. As provided under section
19 of Article VII of the present 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.
A pardon granted after conviction frees the individual from all
penalties and legal disabilities and restores him to all his civil rights. But unless
expressly grounded on the person’s innocence, it cannot bring back lost
reputation for honesty, integrity and fair dealings.

What Agency Recommends to the President the Grant of Pardon?

Pardon may be granted by the President of the Philippines upon the
recommendation of the Board of Pardons and Parole (BPP). The BPP is the
agency in charge with the release of sentenced prisoners based on modes
specified by law. Its actions and proceedings are governed by the provisions of
section 4 of Act No. 4103, otherwise known as the Indeterminate Sentence
Law, as amended, and Executive Order No. 292, series of 1987, otherwise
known as the Administrative Code of 1987.
The policy objectives of the BPP as enunciated is section 1 of the Rules
and Regulations of the Board of Pardons and Parole state: “Conformably with
the basic precepts of justice and mercy, it shall be the policy of the BPP to uplift

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and redeem valuable human material to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty.”

What is the Effect of Pardon by the Chief Executive?

1. An absolute pardon extinguishes the criminal liability of the offender
(Article 89(3) Revised Penal Code).
2. It does not exempt the offender from payment of the civil indemnity
imposed in the sentence (Article 36, RPC).
3. It does not restore the right to hold public office or the right of suffrage
unless such rights are express restored by the terms of the pardon (Article 36,
RPC).

Does the Grant of Pardon work to restore a convicted felon the right to
hold Public Office?
The effect of pardon is provided under Article 36 of the Revised Penal
Code, which provides that:

“Article 36. Pardon; its effects

A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights are expressly restored by the
terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil
indemnity
imposed upon him by sentence.”
Civil liability arising from crime is governed by the Revised Penal Code.
It subsists notwithstanding service of sentence, or for any reason the sentence
is not served by pardon, amnesty or commutation of sentence. Civil liability may
be extinguished only by the same causes recognized in the Civil Code, namely:
payment, loss of the thing due, remission of the debt, merger of the rights of the
creditor and debtor, compensation and novation.
A pardon does not ipso facto restore a convicted felon to public office
necessarily relinquished or forfeited by reason of the conviction although such
pardon undoubtedly restores his eligibility for appointment to that office. The
rationale is plainly evident. Public offices are intended primarily for collective

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protection, safety and benefit of the common good. They cannot be
compromised to favor private interest.

What is the requirement before the Board of Pardon and Parole may
recommend to the President the grant of Conditional Pardon?
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. For Conditional Pardon, an
inmate should have served at least one-half (1/2) of the maximum of the
original Indeterminate and/or definite prison term” (section 4, as amended,
Amending Guidelines for Recommending Executive Clemency).

What are the remedies of the state if conditions of Pardon are violated?
Under section 64(i) of the Revised Administrative Code, the Chief
Executive is authorized to order “the arrest and re-incarceration of any such
person who, in his judgment, shall fail to comply with the condition, or conditions
of his pardon, parole, or suspension of sentence.”
Upon determination that a prisoner granted conditional pardon has
violated the conditions thereof, the Board shall recommend his arrest or
recommitment to the President (section 6, Amended Guidelines for
Recommending Executive Clemency).
Thus, when the conditions are violated, the offender is considered in
evasion of the service of his sentence and shall be:
1. Rearrested and Re-incarcerated by order of the President under the
Revised Administrative Code; or
2. Prosecuted under Article 159 of the Revised Penal Code (RPC). When the
penalty remitted is 6 years and below, there will be an additional penalty; over
6 years, the remaining sentence shall be served without additional penalty for
the evasion.

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What is the felony committed by the pardonee when he violated the
condition of his pardon?
Article 159 of the RPC provides for the proper felony to be changed
against the convicted felon who was granted and violated the conditions of his
pardon:
“Art. 159. Other cases of evasion of service of sentence. – The
penalty of prision correccional in its minimum period shall be imposed
upon the convict who, having been granted conditional pardon by the
Chief Executive, shall violate any of the conditions of such pardon.
However, if the penalty remitted by the granting of such pardon be higher
than six (6) years, the convict shall then suffer the unexpired portion of
his original sentence.”

Violation of Conditional Pardon is an infringement of the terms stipulated in

a contract between the sovereign power or the Chief Executive and the criminal,
to the effect that the former will release the latter subject to the condition that if
he does not comply with the term, he will be recommitted to prison to serve the
unexpired portion of the sentence or an additional one (Alvarez vs. Director of
Prison, 80 Phil. 50).

Amnesty vs. Absolute Pardon

1. the effects of a crime are erased or wipe out. 1. the convict is excused from serving the sentence
Consequently, the convict is deemed innocent as if no but does not erase the effects of conviction (unless
crime was committed at all. the pardon was granted when the convict had already
served the sentence.
2. may be granted even if the offender has not yet 2. there must already be a final and executory
been convicted by virtue of a final judgment; it may be sentence.
given before or after final judgment. 3. it is a private act of the Chief Executive.
3. it is a public act that requires the concurrence of 4. it is given to an individual convict.
Congress (the House of Representatives and the 5. may be granted whether the crime is political or
Senate). non-political.
4. it is given to a class or group of offenders.
5. it is extended only to offenders of political crimes.

Conditional Pardon vs. Parole

1. the Chief Executive gives Conditional Pardon after 1. the Board of Pardons and Parole (BPP) gives
conviction under the provisions of the Revised Parole to a prisoner who has served the minimum of
Administrative Code. an indeterminate sentence.
2. for violation of the Conditional Pardon, the offender 2. for violation of Parole, the convict is re-arrested to
may either be re-arrested to serve the remitted penalty serve the unexpired portion of the penalty.
or prosecuted under Article 159, RPC.

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 Suspension of Sentence vs. Pardon

1. is always a part of the judicial power. 1. is always a part of the executive power.
2. simply postpones the judgment of the court 2. reaches both the punishment prescribed for the
temporarily or indefinitely, but the conviction and offense and the guilt of the offender. It releases the
liability following it, and all civil disabilities, remain and punishment and blots out of existence the guilt, so
become operative when judgment is rendered. that in the eyes of the law the offender is as innocent
as if he had never committed the offense. It removes
the penalties and disabilities, and restores to him all
his civil rights. It makes him as it were, a new man,
and gives him a new credit and capacity. (Director of
Prisons vs. Judge of First Instance, 29 Phil. 294)

Violation of Conditional Pardon vs. Evasion of Service of Sentence

by
Escaping
1. does not cause harm or injury to the right of other 1. is an attempt, at least, to evade the penalty inflicted
persons nor does it disturbs the public order; it merely an by the courts upon criminals and thus defeat the
infringement of the terms stipulated in the contract purpose of the law of either reforming or punishing
between the Chief Executive and the Criminal. them for having disturbed the public order. (Alvarez
vs. Director of Prisons, 80 Phil. 50)

Effect of Appeal from Conviction by the Trial Court

Where an accused appealed his conviction by the trial court to the Court
of Appeals (CA), his application for pardon therefore, if one is made, should not
be acted upon or the process towards its grant should not be begun unless the
appeal is withdrawn. Hence, before an appellant may be validly granted
pardon, he must first ask for the withdrawal of his appeal, i.e., the appealed
conviction must first be brought to finality.
It was held in the case of People vs. Crisola, 128 SCRA 1, March 2,
1984, that clemency terminates the appeal. However, said ruling was
corrected in the case of People vs. Salle, Jr., G.R No. 103567, December 4,
1995, which provides that, since pardon can be extended only to one whose
conviction is final, pardon has no effect until the person withdraws his appeal
and thereby allows his conviction to be final.
It cannot absolve the convict of civil liability. In People vs. Nacional, G.R
No. 11294, September 7, 1995, the court said that the grant of conditional
pardon and the subsequent dismissal of the appeal did not relieve the accused
of civil liability.

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Effect of the Death of Prisoner under Supervision
If a prisoner granted conditional pardon dies during the period of
supervision, the Probation and Parole Officer shall immediately transmit a
certified thru copy of the prisoner’s death certificate to the Board
recommending the closing of the case. However, in the absence of a death
certificate, an affidavit narrating the circumstances of the fact of death from the
barangay chairman or any authorized officer or any immediate relative where
the prisoner resided shall suffice (sec. 31, Amended Guidelines for
Recommending Executive Clemency).

Pardon by the Offended Party

Pardon by the offended party in the prosecution of the crimes of
adultery, concubinage, seduction, abduction, and acts of lasciviousness is
provided under Article 344 of the Revised Penal Code (RPC), which provides
that:
“Art. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, and acts of lasciviousness. – The crimes of
adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
- The offended party cannot institute criminal prosecution without
including both the guilty parties if they are both alive, nor, in any case, if
he shall have consented or pardoned the offenders.
- The offenses of seduction, adultery, concubinage, abduction,
and acts of lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents, grandparents, or
guardian, nor in any case, if the offender has been expressly pardoned
by the above-named persons, as the case may be.
- In cases of seduction, abduction, acts of lasciviousness, and
rape, the marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already imposed upon
him. The provisions of this paragraph shall also be applicable to the co-
principals, accomplices, and accessories after the fact of the above-
mentioned crimes.”

Pardon in Crimes against Chastity

By express provision of the law in Article 344, par. 2 of the Revised
Penal Code, pardon either express or implied by the offended party to the
offender is a bar to prosecution of adultery or concubinage.

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 Pardon in seduction, adultery and concubinage must come before the
institution of the criminal action and both offenders must be pardoned by the
offended party if said pardon is to be effective. So, where the offended husband
had pardoned the adulterous act of his wife, such pardon precluded him from
prosecuting for adultery, not only of his wife but also of her paramour (Reyes,
Revised Penal Code, 15th Ed. 2001 citing People vs. Infante, 57 Phil. 138 and
People vs. Mendez, et al., C.A., 51 O.G. 1909).
What is the effect of the Affidavit of the Husband in which he pardoned
his wife after the case was already instituted and under Trial?
In one case the Supreme Court held that, in view of the requirements of
Article 344, RPC that the pardon must come before the institution of
criminal prosecution; and both the offenders must be pardoned by the
offended party; the motion to dismiss filed on behalf of the defendant wife
alone based on an affidavit executed by the offended husband in which he
pardoned her for her infidelity cannot prosper (People vs. Infante, 57 Phil.
138).

Can the Parent, Grandparents or Guardian grant Pardon to the Offender

without the express Pardon of the Offended Girl?
Article 344, RPC provides that offenses of seduction, abduction, rape,
acts of lasciviousness shall not be prosecuted in any case, if the offender has
been expressly pardoned by the offended party or parents, grandparents
or guardians, as the case may be.
However, the mother of the offended girl, 11 years of age, cannot validly
grant pardon, because the pardon must be granted directly by the offended
party, and it is only when the girl is dead or otherwise incapacitated to
grant it, that her parents, grandparents or guardian may do so for her.
Pardon by the parent must be accompanied by the express pardon of the
girl herself (Reyes, RPC, p. 902).
Pardon by the offended party who is a minor must have the
concurrence of parents because the minor in her tender age and lack of
sufficient knowledge, would hardly know the full impact and consequences of
her acts. An exception is when the offended girl has no parents who could
concur in the pardon, she can validly extend a pardon even if she is a minor, as

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when the offender is her father and her mother is already dead (People vs.
Lacson, Jr., C.A., 56 O.G. 9460).

Prosecution of Rape may be made upon Complaint by any Person

By virtue of Republic Act No. 8353, otherwise known as “The Anti-
Rape Law of 1997” which took effect on October 22, 1997, rape has been
reclassified as a crime against persons and, thus, may be prosecuted even
without a complaint filed by the offended party. Prior to the enactment of the
said law, rape is classified as a crime against chastity under Title Eleven of the
Revised Penal Code. Now, the crime of rape is punishable under Article 266
of the Revised Penal Code and may be prosecuted even without complaint of
Offended Party. Hence, it can now be instituted by any person.

Effect of marriage between the Offended Party and the Accused

A valid marriage between the offender and the offended party prior to or
even after the institution of the criminal action or conviction will extinguish the
criminal action or remit the penalty to be imposed against the offender,
his co-principals, accomplices and accessories. This rule is applicable only
to crimes of seduction, abduction, adultery and concubinage but not to
rape because rape is now a crime against persons.

Effect of Marriage between the Offended Party and the Principal Accused
in Rape Cases
As provided in Art. 266-C of the Revised Penal Code, as amended by
section 2 of R.A No. 8353, the subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the
penalty imposed.
In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal action
or penalty: provided that the crime shall not extinguish or the penalty shall not
be abated if the marriage is void ab initio (from the beginning) (Art. 266-C, as
amended by R.A No. 8353, Revised Penal Code).
The above provision is not applicable in rape where there are two or
more principals involved and in case of multiple rape. Only the criminal

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liability of the accused who marries the victim will be extinguished. In
other words, if there are two or more crimes of rape committed by several
persons as principals by direct participation, the rule is not applicable because
each carnal knowledge amounts to a separate and independent crime of rape.

In rape cases where the offended party married the principal accused
while serving his sentence at the national penitentiary, what is now the
remedy of the latter to secure his proper and most expeditious release
from the National Penitentiary?
To secure the proper and most expeditious release of the principal
accused who is now married to the offended party from the National
Penitentiary, his counsel should file (a) a petition for habeas corpus for the
immediate release of the convict, or (b) a motion in the court which convicted
him, to nullify the execution of his sentence or the order of his commitment on
the ground that a supervening development had despite the finality of the
judgment occurred.

What is the Effect of an Affidavit of Retraction or Desistence of the victim

in Rape Cases? Does it Constitute Acquittal?
In the case of Echegaray, the affidavit of desistance which the victim
herself intended to disregard must have no bearing on the criminal
prosecution against the accused particularly on the trial court’s jurisdiction
over the case (People vs. Echegaray, G.R. No. 117472, February 7, 1997).

Pardon by the Chief Executive vs. Pardon by the Offended Party

1. can extend to any crime, unless otherwise 1. applies only to crimes against chastity under
provided by or subject to conditions in the the Revised Penal Code.
Constitution or the laws. 2. there is no extinction of criminal liability.
2. extinguishes the criminal liability of the offender. 3. the offended party can waive the civil liability.
3. cannot affect the civil liability ex delicto (from or 4. in cases where the law allows pardon by the
out of a criminal act) of the offender. offended party, the pardon should be given before
4. granted only after conviction and may be extended the institution of criminal prosecution and must be
to any of the offender. extended to both offenders.

Amnesty
Definition and Nature of Amnesty
Derived from the Greek word amnasthia, has retained the original
general concept of oblivion, although it has evolved into distinct technical

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concepts in criminal law, constitutional law and international law. A sovereign
act of forgiveness for past acts, granted by a government to all persons (or to
certain classes of persons) who have been guilty of crime or delict, generally
political offenses – treason, sedition, rebellion, draft evasion – and often
conditioned upon their return to obedience and duty within a prescribed time.
Is an act of grace given with the concurrence of Congress. It is usually
extended to groups of persons who committed political offenses. It abolishes
the offense itself.
Is an act of grace by the Chief Executive, proceeding from the power
entrusted with the execution of the laws and concurred by the legislature,
usually extended to groups of persons who committed political offenses, and
which puts into oblivion the offense itself (Defined by the Presidential
Communications Development and Strategic Planning Office).
Is an act of sovereign power granting oblivion or a general pardon for
a past offense, and is rarely, if ever, exercised in favor of a single individual,
and is usually exercised in behalf of a certain class of persons, who are subject
to trial but have not yet been convicted (Brown vs. Walker, 161 U.S. 602).
In one case, the Supreme Court, said amnesty “commonly denotes
the general pardon to rebels for their treason and other high political offenses,
or the forgiveness which one sovereign grant to the subject of another, who
have offended by some breach of the law of nations.” The term “amnesty”
belongs to international law, but has no technical meaning in the common law.
It is synonym of pardon (Villa vs. Allen, 2 Phil. 436, 439 [1903]).
Amnesty is a Proclamation of the Chief Executive with the
concurrence of congress, and it is a public act of which the courts should take
judicial notice. Amnesty looks backward and abolishes and puts into oblivion
the offense itself, it so overlooks and obliterates the offenses with which he is
charged that the person released by amnesty stands before the law precisely
as though he had committed no offense (People vs. Casido, G.R. No. 116512,
March 7, 1997).
Father Joaquin G. Bermas, S.J. defines amnesty basically as general
pardon and submits that what distinguish the two forms of executive clemency
(pardon and amnesty) are simply the “number of recipients of the acts of
clemency and the nature of the offense which is their subject.” In fact, he opines

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that what the President may not grant by amnesty because of the non-
concurrence of Congress, he may grant by individual pardon.
In essence, amnesty is viewed in municipal law, whether in
constitutional law or criminal law, as an act of mercy by the sovereign partaking
of the nature of an executive clemency.

Purpose of Amnesty
The purpose of amnesty is to hasten a country’s return to political
normalcy by putting behind it the animosities of the past through a pardon that
will open the door to living normal lives for groups of people targeted by the
amnesty. These groups were once involved in political activities during certain
troubled times like war or rebellion and by making a gesture of the state
forgetting past destructive activities of political dissidents or rebels and allowing
them to lead normal lives, the country in turn will ensure its return to normalcy.

Amnesty Completely Extinguishes the Penalty and Its Effects

Amnesty looks backward and abolishes and puts into oblivion the
offense itself, it so overlooks and obliterates the offense with which he is
charged; that the person released by amnesty stand before the law
precisely as though he had committed no offense. In one case decided by
the Supreme Court, it was held that to avail of the benefits of an amnesty
proclamation, one must admit his guilt of the offense covered by the
proclamation.
Amnesty is a public act of which the court should take judicial notice.
Thus, the right to the benefits of amnesty, once established by the evidenced
presented, either by the complainant or prosecution or by the defense, cannot
be waived, because it is of public interest that a person who is regarded by
the Amnesty Proclamation, which has the force of law, not only as
innocent, for he stands in the eyes of the laws as if he had never
committed any punishable offense because of the amnesty, but as a
patriot or hero, and not be punished as a criminal (Herrera, Remedial Law
IV, 2007 ed., p. 659 citing Barrioquinto, et al. vs. Fernandez, et al., 82 Phil. 642
[1949]).

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 In one case decided by the Supreme Court, it was held that the person
released under an amnesty proclamation stands before the law precisely
as tough he had committed no offense. Par. 3, Art. 89, Revised Penal Code,
provide that criminal liability is totally extinguished by amnesty; the penalty and
all its effects are thus extinguished (People vs. Patriarca, G.R. No. 135457,
September 29, 2000).

Limitations on the Exercise of Granting Amnesty

1. It cannot be granted in cases of impeachment (sec. 19, Art. VII of the
Constitution);
2. It cannot be granted in cases of violation of election laws without the
favorable recommendation of the Commission on Elections (sec. 5, Art. IX-C);
and
3. A grant of amnesty must be with the concurrence of a majority of all members
of congress.

Amnesty during the Spanish Regime

Studies of the Philippine history have mentioned amnesty
proclamations made in the nature of general pardons during the Spanish
regime granted by Governor-Generals to include Legazpi (to Rajah Solaiman
and other chiefs in the 1570’s), Polavieja (January 11, 1897), Fajardo,
Corcuera and Manrique de Lara, particularly those granted to Filipino and
Chinese insurgents.

Amnesty during the American Regime

The first amnesty proclamation in the country took effect in the 20 th
century and was issued by US President Roosevelt on July 4, 1902. It granted
full and complete pardon and amnesty in favor of persons who committed
treason, sedition and all other crimes of political character in the course of the
“insurrection” of the Filipinos against the Spaniards, as well as those who gave
aid or comfort to said persons. The proclamation also covered offenses, which
grew out of internal political feuds and dissensions between Filipinos and
Spaniards or with the Spanish authorities or among the Filipinos themselves.
The only condition set forth in the terms of the proclamation was the taking of

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an oath of allegiance to the United States of America. The proclamation,
deemed as a “wise and humane” act “conducive to peace, order and loyalty,”
excluded the following from its coverage:
1. Person committing crimes since May 1, 1902 in any province where
the civil government is already established; and
2. Those convicted of murder, rape, arson, or robbery by any military
or civil tribunal organized by the Spanish or American authorities, unless they
have applied for and were granted pardon.
In spite of these exclusions, however, it is still, in essence, the only
general amnesty which took effect in the Philippines so far because the grant
covered not only those offenses which arose from the revolution against Spain
but also those which grew out of internal dissensions. Furthermore, the
amnesty applied to all areas that came under the jurisdiction of the American
government. This power to grant pardon and reprieve was later extended to the
Governor General of the Philippine Islands under the Jones Law in 1916.
The 1935 Constitution, after the draft by a Constitutional Convention
received the approval of the President of the United States and the ratification
of the Filipino electorate, established the Philippines as a Republican State
and provided that: The President shall have the power to grant amnesty
with the concurrence of the National Assembly.

List of Amnesty Proclamations, Presidential Decrees and Issuances by

Philippine Presidents after the Japanese Invasion:
1. Proclamation No. 8 – President Manuel Roxas granted amnesty to guerilla
and resistance fighters on September 7, 1946. The amnesty sought to
recognize such persons not as criminals but as patriots and heroes who have
rendered invaluable service to the nation. A Guerilla Amnesty Commission
was formed by virtue of Administrative Order No. 11 (October 21, 1946) to
which those who sought to avail of the amnesty must apply. Six additional
commissions known as the Philippine Army Amnesty Commissions, which
were to take cognizance of the cases of persons subject to military law and
falling within the terms of the proclamation, were created later through
Administrative Order No. 17 (November 15, 1946).

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2. Proclamation No. 51 – dated January 28, 1948, President Roxas issued a
proclamation that granted amnesty to those who collaborated with the enemy
during World War II.
3. Proclamation No. 76 – issued by President Elpidio Quirino on June 21,
1948 granted conditional amnesty limited to leaders and members of the groups
Hukbong Bayan Laban sa Hapon (HUKBALAHAP) and Pambansang
Kaisahang mga Magbubukid (PKM).
4. Proclamation No. 80 – the amnesty issued by President Corazon Aquino
to persons who, in furtherance of their political beliefs but it covered only those
“not being in the custody of, or charged by, or undergoing investigation by the
constituted authorities.”
5. Memorandum Circular 105 – issued on September 26, 1989 as clarificatory
guidelines for processing of amnesty manifestation forms of rebel returnees.
6. Executive Order No. 350 – guidelines governing processing of amnesty
manifestation forms of rebel returnees, issued on March 13, 1989.
7. Proclamation No. 10 – issued on July 27, 1992 by President Fidel V.
Ramos granting amnesty to persons who have filed or will still file applications
for “Cory grants amnesty to rebels,” which was published in the Philippine Daily
Inquirer on March 1, 1987.
8. Proclamation No. 10-A – was issued to cover a total of 4, 485 returnees
whose applications were not acted upon under the Aquino Administration. It
also established the National Unification Commission (NUC), which was an
advisory body tasked to hold consultations with the people, including all rebel
groups, as well as the Armed Forces of the Philippines (AFP), and the Philippine
National Police (PNP), and to recommend to the President a viable general
amnesty program and process which will lead to a just, comprehensive, and
lasting peace.
9. Presidential Proclamation 724 – the Proclamation that amended
Presidential Proclamation 347. The following are crimes covered by the grant
of amnesty under Presidential Decree No. 724:
1. Rebellion of Insurrection
2. Coup d’etat
3. Conspiracy and Proposal to commit rebellion, insurrection or coup
d’etat

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 4. Disloyalty of public officers or employees
5. Inciting to rebellion or insurrection
6. Sedition
7. Conspiracy to commit sedition
8. Inciting to sedition
9. Illegal assembly
10. Illegal association
11. Direct assault
12. Indirect assault
13. Resistance and disobedience to a person in authority or agents of
such persons
14. Tumults and other disturbance of public order
15. Unlawful use of means of publication and unlawful utterances
16. Alarms and scandals
17. Illegal possession of firearms, ammunitions, and explosives,
committed in furtherance of, incident to, or in connection with the crimes
of rebellion and insurrection
18. Violations of Article of Wars:
a. Art. 59 (Desertion)
b. Art. 62 (Absence without leave)
c. Art. 67 (Mutiny or Sedition)
d. Art. 68 (Failure to Suppress Mutiny or Sedition)
e. Art. 94 (Various Crimes)
f. Art. 96 (Conduct Unbecoming an Officer and
Gentleman)
g. Art. 97 (General Article)
10. Proclamation No. 390 – issued on September 29, 2000, granting amnesty
to MILF members who committed crimes in furtherance of their political beliefs.
11. Proclamation No. 1377 – grant of amnesty to members of the CPP-NPA-
NDF and other communist rebel groups issued on September 6, 2007.
12. Proclamation No. 50 – was issued on October 11, 2010 by President
Benigno S. Aquino III granting amnesty to certain active and former personnel
of the Armed Forces of the Philippines (AFP) and their supporters, who have or
may have committed acts or omissions punishable under the Revised Penal

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Code, the Article of War or other special laws in connection with, in relation or
incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines
Stand-Off and/or the November 29, 2007 Manila Pen Incident and related
incidents.

Effects of the Amnesty Proclamation No. 50 issued by President Benigno

S. Aquino III:
1. To extinguish any criminal liability for acts committed in relation to, in
connection with or incident to the July 27, 2003 Oakwood Mutiny, the February
2006 Marines Stand-Off and the November 29, 2007 Manila Pen Incident
without prejudice to the grantee’s civil liability for injuries or damages caused to
private persons.
2. To effect the restoration of civil and political rights or entitlement that
may have been suspended, lost, or adversely affected by virtue of any
executive action and/or administrative criminal action or proceedings lodged
against the grantee in connection with the subject incidents, including criminal
conviction or ay form, if any.
3. All enlisted personnel of the Armed Forces of the Philippines whose
applications for amnesty would be approved shall be entitled to reintegration
or reinstatement, subject to existing laws and regulations. Officers of the AFP
on the other hand shall not be entitled to reintegration or reinstatement into
the service.
4. The amnesty shall reinstate the right of the AFP personnel to retirement
and separation benefits, if so qualified under existing laws and regulations at
the same time of the commission of the acts for which the amnesty is extended.

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 Express Amnesty vs. Implied Amnesty
1. is one granted in direct terms such as a Presidential 1. takes place in international law when a treaty of peace
proclamation or a law enacted by the legislature is made between contending parties; in domestic or
granting amnesty. municipal law, it results from the inhibition of the State
from prosecuting or punishing persons who committed
political offenses, or when the law punishing a certain
crime is repealed with retroactive effect resulting in the
decriminalization of the act and the release of those
charged or convicted for the same. Congress recent
repeal of R.A. No. 1700, known as the Anti-Subversion
Law, is an implied amnesty.

General Amnesty vs. Limited (Selected) Amnesty

1. is granted to a whole class of persons within the
1. covers a segment of a particular class only or the
territorial domain or under the effective jurisdiction of
portion of the sovereign’s territorial jurisdiction, or
the sovereign issuing the decree.
specific acts committed within a limited or specified
time frame.
2. usually takes effect within the whole country with
2. qualifies the grant with respect to persons/groups
respect to all political dissenters who had performed
to be favored, places where the amnesty is to be
acts for which the amnesty is granted, subject to the
effective and/or the time frame to which the decree
conditions imposed by the grant, if any. The sole
was limited.
criterion is the commission of the act alone as specified
in the decree.

Amnesty vs. Pardon

1. a special form of pardon exercised by the President of 1. issued by the President and is also political in
the Republic; is a general pardon extended to a certain nature; it is an exclusive act of the President where
class of people who are usually political offenders. the court and Congress has no say whatsoever.
2. operates objectively with respect to the crime, and by 2. more of a subjective character and solely affects
virtue thereof the latter should be regarded as wiped out, the person pardoned, and is granted upon the
pardoned and forgotten. supposition of the actual existence of the crime.
3. the criminal complex of act constituting the crime is 3. the convict is excused from serving the sentence
erased, as though such act was innocent when but the effects of conviction remain unless expressly
committed; hence, the effects of the conviction are remitted by the pardon; hence, for pardon to be valid
obliterated. It is granted I favor of a class of convicted there must be sentence already final and executor
offenders, not to individual convicted offenders; and the at the time the same is granted. Moreover the grant
crimes involved are generally political offenses, not is in favor of individual convicted offenders, not to a
common crimes. It is a public act that requires the class of convicted offenders; and the crimes subject
conformity or concurrence of the Philippine Senate. to the grant may be common crimes or political
crimes. Finally the grant is a private act of the Chief
Executive which does not require the concurrence
of any other public officer or office.

The National Amnesty Commission (NAC)

The National Amnesty Commission (NAC) is the primary agency
tasked to receive and process applications for amnesty, and determine whether
the applicants are entitled to amnesty under any proclamation by the President
granting amnesty. Pursuant to its functions, it has the power to promulgate rules
and regulations subject to the approval of the President. Final decisions or
determinations of the NAC are appealable to the Court of Appeals (CA).

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 The National Amnesty Commission (NAC), was created by virtue of
Proclamation No. 347, dated 25 March 1994, to receive and process former
rebel’s applications for amnesty and determine whether the applicants are
entitled for the grant of amnesty under said Proclamation. The Commission, to
date, has received almost 25,000 amnesty applications and granted amnesty
to more than 20,000 former rebel.

The Abolition of the National Amnesty Commission (NAC)

By virtue of Executive Order No. 415 issued by President Gloria
Macapagal Arroyo on March 22, 2005, the National Amnesty Commission
(NAC) is thereby abolished.
As provided therein, the term of the NAC, created under Proclamation
No. 347, is thereby deemed expired in view of the completion of its assigned
task as provided by section 4 thereof. All assets, liabilities, chooses in action,
equipment, facilities, funds, records and other properties of the NAC are hereby
transferred to the Office of the Presidential Adviser on the Peace Process
(OPAPP) (Sections 1 and 2 of E.O. No. 415).

Commutation of Sentence
Simply mean, reduction or mitigation of the penalty. Is a change of the
decision of the court made by the Chief Executive by reducing the degree of
the penalty inflicted upon the convict, or by reducing the length of the
imprisonment or the amount of the fine.
Mitigates or reduces the penalty itself. Commutation is a remission of
a part of the punishment; a substitution of a less penalty for the one originally
imposed.
In criminal law, commutation is the substitution of a lesser punishment
for a greater one.
Is the change in the sentence of the court made by the President which
consists in reducing the penalty imposed upon the offender.
Refers to the reduction of the duration of a prison sentence. It is
another prerogative of the President as provided under the Constitution.
It is an act of clemency by which a heavier or longer sentence is
reduced to a lighter or shorter term. Example, a death sentence or life

Page 29 of 33
imprisonment is reduced to a shorter sentence. It does not forgive the offender
but merely reduces the penalty of life imprisonment or death sentence for a
term of years.

Minimum Requirements of Imprisonment before the Commutation of

Sentence is Granted:
For Commutation of Sentence, the inmate should have served:
a. At least one-third (1/3) of the definite or aggregate prison terms;
b. At least one-half (1/2) of the minimum of the indeterminate prison term
or aggregate minimum of the indeterminate prison terms;
c. At least ten (10) years for inmates sentenced to one (1) reclusion
perpetua or one (1) life imprisonment, for crimes/offenses not punished
under R.A. No. 7659 and other special laws;
d. At least thirteen (13) years for inmates whose indeterminate and/or
definite prison terms were adjusted to a definite prison term of forty (40)
years in accordance with the provisions of Article 70 of the Revised
Penal Code, as amended;
e. At least fifteen (15) years for inmates convicted of heinous
crimes/offenses as defined in Republic Act No. 7659 or other special
laws, committed on or after January 1, 1994 and sentenced to one (1)
reclusion perpetua or one (1) life imprisonment;
f. At least eighteen (18) years for inmates convicted and sentenced to
reclusion perpetua or life imprisonment for violation of R.A. No. 6425, as
amended and R.A. No. 9165, and for kidnapping for ransom or violation
of the laws on terrorism, plunder and transnational crimes;
g. At least twenty (20) years for inmates sentenced to two (2) or more
reclusion perpetua or life imprisonment even if their sentences were
adjusted to a definite prison term for forty (40) years in accordance with
the provisions of Article 70 of the Revised Penal Code, as amended; and
h. At least twenty-five (25) years for inmates originally sentenced to death
penalty but which was automatically reduced or commuted to reclusion
perpetua or life imprisonment (sec. 4, Board of Pardons and Parole
[Resolution No. 24-4-10]).

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Remission of Fines and Forfeitures
It should be noted that remission of fines and forfeitures merely
prevents the collection of fines or the confiscation of forfeited property; it cannot
have the effect of returning property which has been vested in third parties or
money in the public treasury.
The President can remit a fine or forfeiture only with respect to
those within the interest of the state and not those of private parties whose
rights have been vested and fixed by the judgment. Fines and forfeitures
already paid to the treasury cannot be remitted either since any disbursement
of funds there from require legislation.
Remission – refers to an act of liberty by virtue of which, without receiving any
equivalent, the creditor renounces the enforcement of the obligation, which is
extinguished in its entirety or in that part or aspect of the same to which the
remission refers.
Fine – is a pecuniary punishment imposed by a lawful tribunal upon a person
convicted of crime or misdemeanor (Esler vs. Ledesma, 52 Phil. 120).
Forfeiture – is the incurring of a liability to pay a definite sum of money as the
consequence of violating the provisions of some statute or refusal to comply
with some requirement of law. It may be said to be penalty for misconduct or
breach of duty (Cabal vs. Kapunan, 116 Phil 1366).

Reprieve
The execution of the sentence is stayed or postponed (People vs.
Vera, 65 Phil. 56, 110 [1937]).
Is a withdrawal or withholding of punishment for a time after conviction
and sentence, and is in nature of a stay of execution. It postpones the execution
of a sentence to a day certain. Usually, it is granted to a prisoner to afford him
an opportunity to procure some amelioration of the sentenced imposed.
Is also another prerogative exercised by the President of the
Philippines. Generally, it is applied to death sentences already affirmed by the
Supreme Court. But it can also be invoked in other cases that have become
final. In death sentences, the date of execution of the death convict is held in
abeyance for a certain period to enable the Chief Executive to temporarily stay
of execution of sentence.

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 An act of executive clemency, ordering the temporary stay of the
execution of sentence, usually death sentence.
Nature: Temporary
Purpose: Executive reviews whether to commute the sentence after
careful study of the records.

Page 32 of 33
Reference

Apela, R.N., Virgil, V.B., & Lucban, M.C. (2019). Comprehensive Correctional
Administration Handbook with Therapeutic Modalities. (2019 ed.).
Quezon City, Wiseman’s Book Trading, Inc.

Brian B. Guerrero (2018). Community-Based Corrections in the Philippines

(Non-Institutional Corrections). (1st ed.). Quezon City, Wiseman’s Book
Trading, Inc.

Foronda, M.A. (2007). Correctional Administration (Non-Institutional

Corrections). (2007 ed.). Quezon City, Wiseman’s Books Trading.

Gahar, L.D. (2012). Handbook on Non-Institutional Corrections. (1st ed.). Rex

Printing Company, Inc.

Padua, J.B.S. (2013). Parole Rules, Probation Law and Executive Clemency
(Non-Institution-Based Correction) (1st ed.). Chapter House Publishing
Incorporated.

Reyes, L.B. (1998). The Revised Penal Code: Criminal Law Book One. 15th Ed.
Rex Printing Company, Inc. 84-86 P. Florentino St., Sta. Mesa Heights,
QC.

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