EXECUTIVE CLEMENCY

What is an Executive Clemency?

CLEMENCY simply means leniency or mercy. A power given to a

public official, such as the President, to 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,
justice and forgiveness. 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.
EXECUTIVE CLEMENCY is the power of a President in state
convictions. It is an executive function of the judiciary. It is also a non-
delegable power and it can only be exercised by the President of the
Philippines personally.

It is an act of grace extended by the President of the Republic of

the Philippines to a person who has been sentenced by final judgment
of a duly constituted court of tribunal, suspending the execution of
sentence, or changing it to a less severe penalty, or totally or partially
extinguishing it, with or without specified conditions.
Executive Clemency may be exercised in various ways, namely:
reprieve, commutation of sentence, conditional pardon, and absolute
pardon, remission of fines and forfeitures and amnesty. Such clemency,
however, cannot apply to accused civil liability. As provided in Art 113 of
RPC, except in the case if extinction of his civil liability as provided in
the civil code, the offender shall continue to obliged to satisfy the civil
liability resulting from the crime committed by him, notwithstanding the
fact that he has served his sentence consisting of deprivation of liberty
or other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence or any other reason.

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 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.

Causes of Total Extinction of Criminal Liability under Article 89 of

the RPC
1. DEATH OF THE CONVICT – death of the convict extinguishes
criminal liability at any stage of the criminal proceeding; civil liability is
likewise extinguished if death occurs before final judgment. If death
occurs, there will be nobody to serve the penalty for the crime. The
death of the convict, whether before or after final judgment,
extinguished criminal liability, because one of the juridical conditions of
penalty is that it is personal.

2. SERVICE OF SENTENCE – after the convict served his sentence,

his criminal liability is automatically extinguished. However, service of
sentence does not extinguish his civil liability.

3. AMNESTY – it is granted by the Proclamation of the Chief Executive

with the concurrence of Congress. It is a public act of which the courts
should take judicial notice. Criminal action or liability is totally
extinguished by amnesty, completely extinguishing the penalty and its
effects.
Amnesty is an act of the sovereign power granting oblivion or a
general pardon for a past offense, and is rarely, if ever, exercised in
favor of a single individual. It is usually exerted in behalf of certain
classes of persons, who are subject to trial but have not yet been
convicted.
4. ABSOLUTE PARDON – it looks forward and relieves the offender
from the consequences of an offense of which he has been convicted.

5. PRESCRIPTION OF PENALTY – it is the loss or waiver of the State

of its right to punish the convict. In other words, prescription of penalty is
the loss or forfeiture of the right of the Government to execute the final
sentence after the lapse of certain time.
Prescription of penalty occurs when the convict escapes from
detention or evades the service of his sentence. Evasion of service of
sentence is a condition precedent to the running of the period. The
tolling of period of prescription of penalty occurs when he commits
another crime, or is captures or goes to another country with which the
Philippines has no extradition treaty.
Two conditions necessary in prescription of penalty
a. that there is a final judgment;
b. that the period of time prescribed by law for its enforcement
has lapsed.

6. PRESCRIPTION OF CRIME OR OFFENSE – refers to the loss or

waiver of the right of the State to prosecute offenders after the lapse of
certain time. It cannot be waived or extended since it is for the benefit of
the accused. Once prescription has set in, the courts automatically lose
jurisdiction.

7. MARRIAGE OF THE OFFENDED WOMAN UNDER ARTICLE 344

RPC – marriage of the offender with the offended woman after the
commission of any of the crimes of rape, seduction, abduction or acts of
lasciviousness, as provided in Art 344 must be contracted by the
offender in good faith.

Causes of Partial Extinction of Criminal Liability under Article 94 of

RPC

1. CONDITIONAL PARDON – any person who has been granted

conditional pardon shall incur the obligation of complying strictly with the
conditions imposed therein; otherwise, his non-compliance with any of
the conditions specified shall result in the revocation of the pardon.
Conditional Pardon delivered and accepted is considered a contract
between the sovereign power of the executive and the convict that the
former will release the latter upon compliance with the condition. In
conditional pardon, the condition usually imposed upon the convict is
that he shall not again violate any of the penal laws of the Philippines.
For Conditional Pardon, the prisoner shall have served at least one-
half (1/2) of the minimum of his original indeterminate and/or definite
sentence. However, in the case of a prisoner who is convicted of a
heinous crime as defined in Republic Act No. 7659 and other special
laws, he shall have served at least one-half (1/2) of the maximum of his
original indeterminate sentence before his case may be reviewed for
conditional pardon.

2. COMMUTATION OF SENTENCE – simply mean, reduction or

mitigation of the penalty. Commutation of Sentence 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.

Minimum Requirements before the Commutation of Sentence is

granted

1. the prisoner shall have served at least one-third (1/3) of the minimum
of his indeterminate and/or definite sentence or the aggregate minimum
of his indeterminate and/or definite sentences;
2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua
or Life imprisonment for crimes or offenses committed before January 1,
1994;
3. at least twelve (12) years for prisoners whose sentences 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;
4. at least fifteen (15) years for prisoners convicted of heinous crimes as
defined in Republic Act No. 7659 and other special laws committed on
or after January 1, 1994 and sentenced to one or more Reclusion
Perpetua or Life imprisonment;
5. at least seventeen (17) years, for prisoners sentenced to two (2) or
more reclusion perpetua or life imprisonment even if their sentence
were adjusted to forty (40) years in accordance with the provisions of
Article 70 of RPC, as amended; and
6. at least twenty (20) years in case of one (1) or more Death
penalty/penalties, which was/were automatically reduced or commuted
to one (1) or more Reclusion Perpetua or Life imprisonment.

3. GOOD CONDUCT ALLOWANCES DURING CONFINEMENT –

credit earned by an inmate which reduces the duration of his
incarceration. It also refers to time subtracted from a sentence by prison
authorities for good behavior or for other reasons.
Special Time Allowance refers to the deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having
evaded his preventive imprisonment or the service of his sentence
under the circumstances mentioned in Article 158 of this Code, gives
himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-fifths of the
period of his sentence shall be granted in case said prisoner chose to
stay in the place of his confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of this Code.

Who may grant GCTA?

The Director of Prisons may grant GCTA to an inmate who displays

good behavior and who as no record of breach of discipline or violation
of prison rules and regulations. Whenever lawfully justified, the Director
of Prison shall grant allowances for good conduct. Such allowance once
granted shall not be revoked.

What are the effects of GCTA when granted?

 The good conduct or behavior of an inmate shall entitle him to the
following deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a
deduction of twenty days for each month of good behavior during
detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he
shall be allowed a reduction of twenty-three days for each month of
good behavior during detention;
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days
for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of thirty days for each month of good
behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed
another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.

4. PAROLE - refers to the conditional release of an offender from a

correctional institution after he has served the minimum of his prison
sentence but without full restoration of liberty, as parolee is still in the
custody of the law although not in confinement.

5. PROBATION – it is a judicial disposition after which the defendant

after conviction and sentence is released, subject to the conditions
imposed by the court and the supervision of the probation officer.

Forms of Executive Clemency

1. PARDON – it is an act of grace given by those charged with the

power and authority to execute laws which exempts the individual
subject of pardon from the punishment which the law inflicts for a crime
he has committed.
2. REPRIEVE – the execution of the sentence is stayed or postponed. A
reprieve is a withdrawal or withholding of punishment for a time after
conviction and sentence, and is in the 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 sentence imposed.

Reprieve 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 execution of the sentence.

3. PAROLE – refers to the conditional release of an offender from a

correctional institution after he has served the minimum of his prison
sentence. The person subject of parole is released from imprisonment
but his liberty is not fully restored because the parolee is still considered
in custody of the law although he is not in confinement.
Parole is the planned release and community supervision of
incarcerated offenders before actual expiration of their prison
sentences. It is usually considered a way of completing a prison
sentence in the community and is not the same as a pardon; the
paroled offender can be legally recalled to serve the remainder of his or
her sentence in an institution if the parole authorities deem the
offender’s adjustment inadequate or if while on parole the offender
commits another crime.

4. AMNESTY – it 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.

5. COMMUTATION OF SENTENCE – 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. It is the
change in the sentence of the court made by the President which
consists in reducing the penalty imposed upon the offender. It also
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
imprisonment is reduced to a shorter sentence. Commutation does not
forgive the offender but merely reduces the penalty of life imprisonment
or death sentence for a term of years.

6. 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. Fines and forfeitures already paid to the treasury
cannot be remitted either since any disbursement of funds therefrom
require legislation.

Fine is a pecuniary punishment imposed by a lawful tribunal upon a

person convicted of crime or misdemeanor. Forfeiture is the incurring of
a liability to pay a definite sum of money as the consequence of
violating the provisions of some stature or refusal to comply with some
requirement of law.

Recommendation, Resolution and Certification of Executive

Clemency

The President may, motupropio or upon recommendation of the

Board or of any other agency. Grant reprieves, commutations and
pardon and remit fines and forfeitures after final judgment. The
President may also review, revise, amend, revoke or affirm the
recommendation of the Board; refer any matter pertaining to executive
clemency to the Board or to any other agency.
 Under Section 18 of the Amended Guidelines for Recommending
Executive Clemency, at least majority of the sitting members of the
Board of Pardons and Parole shall be necessary to recommend the
grant of executive clemency. Said recommendation shall be contained in
a resolution of the Board to be submitted to the Office of the President
for his basis.

After due deliberation, the Board, by the vote of at least majority of

the sitting members, thereby recommends to the President the grant of
executive clemency in favor of the above named individuals in the form
of absolute pardon, conditional pardon, commutation of sentence or
reprieve.

PARDON

Concept and Purpose of Pardon

Pardon is defined as an act of grace given by those charged with

the power and authority to execute laws which exempts the individual
subject of pardon from the punishment which the law inflicts for a crime
he has committed. The grant of pardon 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.

Pardon 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 the 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.

Pardon 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 government
has the power to set conditions or establish procedures for the exercise
of this Presidential prerogative.

Pardon looks forward and relieves the offender from the

consequences of an offense of which he has been convicted. It
abolishes or terminated the punishment, and for that reason does 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 him by the sentence.

History of Pardon

The exercise of pardoning power has always been vested in the

hands of the executive branch of the government, whether King, Queen,
President or Governor. Pardon dates back to the pre-Christian era. In
fact the Bible contains an allusion where a criminal was released and
pardoned by the King at the time Christ was crucified.

In England, pardon developed out of the conflict between the King

and the Nobles who threatened his powers. Pardon was applied to
members of the Royal family who committed crimes, and occasionally to
those convicted of offenses against the royal power. It was the general
view that the pardoning power was the exclusive prerogative of the
King. In England today the power to extend pardon is vested in the
Queen upon advise of the Minister of the Interior.

In the United States, pardon among the early American colonies

was a carry-over of the England practice. The pardoning power was
exercised by the Royal governor through the power delegated by the
King. After the declaration of independence, the federal and state
constitutions vested the pardoning power on the President of the United
States and the Governors in federal and state cases, respectively.

In the Philippines, the pardoning power is vested in the President

by Article VII, Sec. 10, Par. (b) of the 1987 Philippine Constitution which
states: “The President shall have the power to grant reprieves,
commutation of sentence, and pardons, and remit forfeitures, after
conviction for all offenses, except in cases of impeachment, upon
such conditions and with such restrictions and limitations as he may
deem proper to impose. He shall have the power to grant amnesty with
the concurrence of the National Assembly.”

When Pardon is 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 the

all the 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.

What is the effect of Pardon by the Chief Executive?

1. An absolute pardon extinguishes the criminal liability of the

offender. (Art 89 (3) RPC)
2. It does not exempt the offender from payment of the civil indemnity
imposed in the sentence. (Art 36, RPC)
3. It does not restore the right to hold public office or the right of
suffrage unless such rights are expressly restored by the terms of
the pardon. (Art 36, RPC)
Purposes of Pardon

 To do away with the miscarriage of justice - Under the present

method of judicial procedure justice is not guaranteed. It is possible
to convict innocent persons as it is possible for criminals to escape
the hands of justice. When an innocent convict has no more
recourse through courts, then the remedy is absolute pardon. The
power of the President to pardon offenders on the grounds of
innocence is rarely exercised because the criminal procedures are
liberal in granting a new trial in the case of an offender who can
establish his innocence after he has been found guilty. Only when
the offender has no more legal remedy will pardon of this nature be
given. If so exercised absolute pardon is granted after an
exhaustive investigation is conducted and upon recommendation of
the Secretary of Justice.

 To keep abreast with the current philosophy, concept or

practice of criminal justice administration - A criminal act,
because of the changing scheme of social values, may become
non-criminal at a later date. Therefore, persons serving
imprisonment at the repeal of the law abolishing the crime may be
extended absolute pardon. For example, a person serving
imprisonment for the black-marketing of gasoline when this
commodity was rationed may after the repeal of the law on black-
marketing be extended absolute pardon.

 To restore full political and civil rights of persons who have

already served their sentence and have waited the prescribed
period. - The greatest number of applications for absolute pardon
come from ex-prisoners who desire to be restored their political and
civil rights. In the Philippines, the Office of the President laid down
the policy to grant absolute pardon to ex-prisoners ten years from
the date of their release from prison. Recently, the policy was
released, thereby shortening the waiting period to five years. The
 waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.

Kinds of Pardon

As practiced in the Philippines, there are two kinds of pardons,

namely the absolute and conditional pardon.

1. ABSOLUTE PARDON – refers to the total extinction of the criminal

liability of the individual to whom it is granted without any condition. It
restores to the individual his civil and political rights and remits the
penalty imposed for the particular offense of which he was convicted.
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.

Effects of Absolute Pardon

Absolute pardon does not work to restore 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 does not exempt the
offender from the payment of civil indemnity imposed upon him by
the sentence. Absolute pardon totally extinguishes the criminal
liability but not the right of the offended party to enforce the civil liability
against the offender.

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

In another case, the Supreme Court reiterated the doctrine laid

down in the Cristobal vs. Labrador case and elucidated further that “an
absolute pardon not only blots out the crime but removes all disabilities
resulting from the conviction; and that when granted after the term of
imprisonment has expired, absolute pardon removes all that is left of the
consequences of conviction.” (Pelobello vs. Palatino, 72 Phil. 441).

2. CONDITIONAL PARDON – This exempts the individual, within

certain limits or conditions, from the punishment the law inflicts for the
crime he has committed, resulted in the partial extinction of his
criminal liability. Conditional pardon must be accepted by the offender
in order to become effective. This is because the conditions may be less
acceptable to him than the original punishment. Thus, conditional
pardon is embodied in a written instrument that is delivered and
accepted, and which serves as a contract between the sovereign
power and the convict.

Conditional pardon serves the purpose of releasing, through

executive clemency, a prisoner who is already reformed or rehabilitated
but who cannot be paroled because the parole law does not apply to
him. Thus, a prisoner serving a determinate sentence or life
imprisonment is excluded from the benefits of the parole law. However,
when this prisoner has already been reformed, he may be released on
conditional pardon.

Nature of Conditional Pardon

Conditional pardon is in the nature of a contract; it must first be

accepted by the recipient before it takes effect. The pardonee is under
obligation to comply strictly with the conditions imposed therein;
otherwise, his non-compliance will result in the revocation of the
pardon (Art. 95, RPC). If the pardonee violates any- of the conditions of
his pardon, he will be prosecuted criminally as a pardon violator. Upon
conviction, the accused will be sentenced to serve an imprisonment at a
prison correctional. However, if the penalty remitted by the granting of
such pardon is higher than six years, the pardonee will be made to
serve the unexpired portion of his original sentence. (Art. 159, RPC).

How Conditional Pardon is Given?

 Conditional pardon may be commenced by a petition filed by the
prisoner, his family or relative, or upon the recommendation of the
prison authorities. The petition or request processed by the Board of
Pardons and Parole. The Board shall determine if the prisoner has
served a sufficient portion of his sentence; if his release is not inimical to
the interest of the community; and if there is no likelihood that the
offender will not become a public charge and will not recidivate in crime.
If all these factors are favorable, then the Board will endorse the petition
favorably to the President. If the case is premature, the petitioner is so
informed.

Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional

pardon, the following points shall be considered as guides.
a. The political, organization or religious affiliation of the prisoner should
be disregarded.
b. Due (but not undue) regard should be given the attitude of the people
in the community from which he was sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to prison —
social, economic, psychological and emotional backgrounds — should
be carefully investigated.

Conditions of Pardon

In the Philippines, the pardonee is given the same set of rules or

conditions as the parollee. Among the conditions usually imposed on
pardonees and parolees are the following:
a. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining the
consent of the Board of Pardons and Parole. If the parolee or
pardonee leaves the parole jurisdiction temporarily, he need not get
the permission of the board, although he may so inform his parole
officer (municipal judge) of his whereabouts.
 b. That he shall report to the Municipal Judge (of the area where he
will reside) or to such officers as may be designated by the
Executive Officer of the Board of Pardons and Parole during the
first years once a month and, thereafter, once every two months or
as often as he may be required to by the said officer.
c. That he shall not indulge in any injurious or vicious habits, and shall
avoid places or persons of disreputable or harmful character.
d. That he shall permit the Provincial Commander, Philippine
Constabulary or any officer designated by the Executive Officer of
the Board to visit him at reasonable times at his place of abode or
elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or condition.
e. That he shall not commit any crime and shall conduct himself in an
orderly manner.
f. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon
him. This condition is not strictly adhered to unless the pardonee is
regularly employed
g. That he shall comply with such orders as the Board or its Executive
Officer may from time to time make.

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”.

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 charged
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 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 of 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.

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 true 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.

Abuses of the Pardoning Power and Its Safeguards

The power vested on the President by the Constitution to grant

pardon is very broad and exclusive. It is not subject to review by the
Courts. Neither does Congress have the right to establish conditions nor
provide procedure for the exercise of pardon. Under these
circumstances, it is therefore possible that this power can be abused by
unscrupulous Chief Executives. In fact, in nearly every presidential
election, the alleged abuse of the pardoning power has come up as a
campaign issue against the incumbent President. The truth of the
charge has never been investigated, but the fact that the alleged
anomaly is aired publicly is an indication that the powers to grant pardon
may be abused. There are certain safeguards, however, against the
abuse of the pardoning power.

First is the constitutional provision that the President may be

impeached for a willful violation of the constitution. This is enough
deterrent for the Chief Executive to abuse this power. Second, is the
policy of the Officer of the Chief Executive, ever since the time of the
American Governor Generals, to approve pardon cases which are
favorably recommended by the Board of Pardons and Parole. Although
this policy does not wholly bind the President, seldom, if ever, has it
been disregarded.

Limitations of the Pardoning Power

The power of the Chief Executive to grant pardon is limited to the

following:
a. Pardon cannot be extended in case of impeachment. (Art. VII,
Sec. 10, Par. 2, Constitution of the Philippines)
b. No pardon, parole or suspension of sentence for the violation of
any election law, may be granted without favorable
recommendation of the Commission on Elections. (Art. X, Sec. 2,
Par. 2, Constitution of the Philippines).
c. Pardon is exercised only after conviction - It is an elementary
principle in political law that pardon can only be given after final
conviction. Cases pending trial or on appeal are still within the exclusive
jurisdiction of the Courts, hence, pursuant to the theory of separation of
powers, the Chief Executive has no jurisdiction over the accused.

AMNESTY

It is an act of sovereign power granting oblivion or a general pardon

for a past offense and is usually exerted in behalf of certain classes of
person who have been guilty of crime generally political offenses like
treason, sedition and rebellion. Amnesty operates objectively with
respect to the crime, and the virtue thereof the latter should be regarded
as wiped out, pardoned and forgotten, the penalty and all its effects are
completely extinguished. However, while amnesty wipes out all traces
and vestiges of crimes, it does not extinguish the civil liability of the
offender.

Derived from the Greek word Amnasthia, has retained the original
general concept of oblivion, although it has evolved into distinct
technical concept in criminal law, constitutional law and international
law. Amnesty looks backward and abolishes and puts into oblivion the
offense itself, it so overlook 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.

The purpose of amnesty is to bring about the return of the

dissidents and recalcitrant elements of our population to their homes
and resumption by them of their lawful pursuits, or occupations, as loyal
and law – abiding citizen, to accelerate the rehabilitation of the war
devastated country, restore peace and order and secure the welfare and
happiness of the communities. The first amnesty proclamation in the
Philippines took effect in the 20th century and was issued by US Pres
Roosevelt on July 4, 1902.

Amnesty is a general pardon extended to groups of persons and is

generally exercised by executive clemency with the concurrence of
Congress. Usually the recipients of amnesty are the political offenders,
although there are some exceptions. For example, President Truman
issued two proclamations granting amnesty to unnamed persons, one at
the end of World War II in 1945 and another at the end of the Korean
conflict in 1952. In these cases, the persons have been convicted of
crimes against the United States but were pardoned by the terms of a
proclamation for having served in the armed forces for at least a year
during the conflict. Those who did so received pardons without having to
apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47

O.G. 6168, stated that the “purpose of amnesty is to bring about the
return of dissidents and recalcitrant elements of our population to their
homes and to ensure the resumption of their lawful pursuits, or
occupations, as loyal and law-abiding citizens, to accelerate the
rehabilitation of the war-devastated country, restore peach and order,
and secure the welfare and happiness of the communities.”

Amnesty looks backward and abolishes or puts into oblivion the

offense with which a person is charged such that the person released by
amnesty stands before the law as though he had committed no offense.
Amnesty is extended to the convicted as well as to persons who have
not yet been tried by the court.

Some of the proclamations of amnesty are as follows:

 Proclamation No. 51 — This proclamation was issued by the late
President Manuel Roxas on January 28, 1948, granting amnesty to
those who collaborated with the enemy during World War II
 Proclamation No, 76 — This was issued by President Elpidio
Quirino on June 21, 1948, extending amnesty to leaders of the
Hukbalahap and Pambansang Kaisahan ng mga Magbubukid
(PKM). The amnesty applied to crimes of rebellion, sedition, illegal
associations, assault, resistance and disobedience to persons in
authority and the illegal possession of firearms.

Limitations on the Exercise of Granting Amnesty

1. It cannot be granted in cases of impeachment.

2. It cannot be granted in cases of violation of election laws without
favorable recommendation of the Commission on Elections.
3. A grant of amnesty must be with the concurrence of a majority of all
members of congress.

Differences between Amnesty and Pardon

 Pardon includes any crime and is exercised individually by the

Chief Executive, while amnesty is a blanket pardon granted to a
group of prisoners, generally political prisoners.
  Pardon is exercised when the person is already convicted while
amnesty may be given before trial or investigation is held.
 In Barrio Quinto, et al. vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that “pardon is granted by the
Chief Executive and as such it is private which must be pleaded
and proved by the person pardoned, because the courts take no
notice thereof; while amnesty is by proclamation with concurrence
of Congress, and it is a public act which the courts should take
judicial notice. Pardon is granted to one after conviction, while
amnesty is granted to classes of persons who may be guilty of
political offenses, generally before or after the institution of criminal
prosecution and sometimes after conviction.”
 In pardon, the convict is excused from serving the sentence but the
effects of conviction remain unless expressly remitted by the
pardon; hence, for pardon to be valid there must be a sentence
already final and executor at the time the same is granted.
Moreover, the grant is in favor of individual convicted offenders, not
to a class of convicted offenders; and the crimes subject 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.
 In amnesty, the criminal complex of act constituting the crime is
erased, as though such act was innocent when committed; hence,
the effects of the conviction are obliterated. Amnesty is granted is in
favor of a class of convicted offenders, not to individual convicted
offenders; and the crimes involved are generally political offenses,
not common crimes. Amnesty is a public act that requires the
conformity or concurrence of the Philippine State.

PRESIDENTIAL DECREE No. 1082

PROCLAIMING AMNESTY IN CERTAIN AREAS OF THE PHILIPPINES

WHEREAS, efforts of the Government to accelerate the restoration of peace and order
throughout the country have yielded positive results, particularly the cessation of
hostilities and other armed confrontations and encounters between Government Forces,
on the one hand, and some elements of anti-government groups or organizations,
specially those who call or refer to themselves as leaders, members, supporters or
symphatizers of the Moro National Liberation Front or MNLF and its armed contingent,
the Bangsa Moro Army or BMA, on the other hand, in some areas in Mindanao and
Palawan;

WHEREAS, in order to attain the objectives of such peace-making efforts, it is the policy
of the Government to provide the opportunity for the leaders, members, supporters and
symphatizers of the said groups and organizations who might have committed crimes or
violations of laws in the furtherance of their resistance to the duly constituted
authorities of the Republic of the Philippines to return to the folds of the law and
become loyal, law-abiding and useful citizens of the Republic;

WHEREAS, to achieve such a desirable result, without further bloodshed, loss of lives,
and waste of time, effort and other valuable resources, it is deemed necessary, just and
wise for the Government to forgive and forego the prosecution of said persons for the
commission of the crimes herein mentioned;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the

Philippines, by virtue of the powers in me vested by the Constitution, do hereby order
and decree, as part of the laws of the land, the following:

Section 1. Proclamation of Amnesty. Subject to the provisions of Sections 2 and 3 hereof,

an amnesty is hereby decreed and proclaimed in the province of Tawi-Tawi, Sulu,
Basilan, Zamboanga del Sur, Zamboanga del Norte, Davao del Sur, South Cotabato, North
Cotabato, Sultan Kudarat, Maguindanao, Lanao del Sur, Lanao del Norte and Palawan;
and in the cities of Basilan, Zamboanga, Dapitan, Dipolog, Pagadian, Davao, General
Santos, Cotabato, Iligan, Marawi and Puerto Princesa, in favor of all the leaders,
members, supporters, and symphatizers of the Moro National Liberation Front and the
Bangsa Moro Army and other anti-government groups with similar motivations and
aims, who, prior to the effectivity of this Decree, have committed any act penalized by
existing laws in the furtherance of their resistance to the duly constituted authorities of
the Republic of the Philippines including, but not limited to:

(a) Illegal possession of firearms and ammunition punishable under Sec. 878 of the
Revised Administrative Code, as amended, or Presidential Decree No. 9, dated October
2, 1972;
(b) Illegal possession of bladed weapons or explosives punishable under Presidential
Decree No. 9, dated October 2, 1972;

(c) Violation of the Revised Penal Code, as amended, as follows:

(1) Interruption of religious worship (Article 132);

(2) Offending the religious feelings (Article 133);

(3) Rebellion or insurrection (Article 134, in relation to Article 135, as amended);

(4) Conspiracy and proposal to commit rebellion (Article 136, as amended);

(5) Inciting to rebellion or insurrection (Article 138, as amended);

(6) Sedition (Article 139 in relation to Article 140, as amended);

(7) Conspiracy to commit sedition (Article 141);

(8) Illegal assemblies (Article 146, as amended);

(9) Illegal associations (Article 147, as amended);

(10) Direct assaults (Article 148);

(11) Indirect assaults (Article 149);

(12) Resistance and disobedience to a person in authority or agents of such persons

(Article 151);

(13) Tumults and other disturbance of public order (Article 153); and

(14) Alarm and scandals (Article 155); except those who have committed crimes against
chastity, murder, and kidnapping as defined in the Revised Penal Code as amended;
those who have committed violations of Republic Act 6035 (Aircraft Anti- Hijacking Law)
and those who have committed violation of PD 532 dated August 8, 1974 (Anti- Piracy
and Anti-Highway Robbery); provided, that any person so excepted above may be
granted amnesty if recommended and the merits of his case so warrant.

Provided, further, that the persons herein mentioned above who may have committed
any of the above-stated crimes or offenses in furtherance of their resistance to the duly
constituted authorities of the Republic of the Philippines outside of the provinces and
cities herein mentioned may also be granted amnesty by the President in accordance
herewith.

Sec. 2. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to
this Decree must satisfy the following requirements and must submit his application
within ninety days from the effectivity of this Decree, to be entitled to the amnesty
herein proclaimed;

(a) He must take an oath of allegiance to the Republic of the Philippines and swear or
affirm to support and defend the Constitution of the Philippines.

(b) He must surrender whatever firearm and/or explosives and ammunition he may have
in his possession.

Sec. 3. Amnesty Commission. To carry out the purposes of this Decree, an Amnesty
Commission is hereby created in each of the provinces referred to in Section 1, hereof,
which shall be composed of the Provincial Fiscal as Chairman, and the Constabulary
Provincial Commander and the President of the Provincial Chapter of the Integrated Bar
of the Philippines, or his duly authorized representative, as members.

Sec. 4. Powers and functions of the Amnesty Commission. The Amnesty Commissions
herein created shall examine the facts and circumstances surrounding each case, and
when necessary, conduct summary hearings of witnesses, required the production of
official records, and submit the appropriate recommendation to the President, thru the
Special Amnesty Commission.

Sec. 5. Special Amnesty Commission. The Special Amnesty Commission created pursuant
to Presidential Decree No. 95, dated January 11, 1973, shall perform the same review
function with respect to the record of proceedings of the Amnesty Commissions referred
to in the preceding Sections 3 and 4 of this Decree.

Sec. 6. Pending Cases. The investigation and trial of criminal cases against persons who
apply for amnesty pursuant to this Decree shall be held in abeyance until their
applications for amnesty shall have been finally acted upon in accordance hereof.

Sec. 7. Traveling Expense/Allowances. The Chairman and members of the provincial and
Special Amnesty Commissions created pursuant to this Decree, when traveling and/or
performing duty for purposes hereof, shall be entitled to payment of traveling expenses
and a flat allowance of fifty pesos a day, chargeable against the Command for
Administration of Detainees.

Sec. 8. Rules and Regulations. The Secretary of Justice and the Secretary of National
Defense shall issue joint rules and regulations for the effective implementation of this
Decree.

Sec. 9. Rescission Clause. All laws, decrees, orders, instructions, rules and regulations
which are inconsistent with this Decree are hereby rescinded and/or modified
accordingly.

Section 10. Effectivity. This Decree takes effect immediately.

Done in the City of Manila, this 2nd day of February, in the year of Our Lord, nineteen
hundred and seventy-seven.

PRESIDENTIAL DECREE No. 1182

FURTHER AMENDING PRESIDENTIAL DECREE NO 124

WHEREAS, on January 11, 1973, Presidential Decree No. 95 was promulgated declaring
amnesty to persons who committed certain acts penalized by existing laws in certain places
in Mindanao, Sulu and Palawan in furtherance of their political or religious beliefs;

WHEREAS, on February 2, 1973, Presidential Decree No. 124 was promulgated declaring
amnesty in favor of members/affiliates of subversive organizations as defined in Section 4 of
RA 1700, the deadline for application under which expired on March 15, 1973;

WHEREAS, on March 17, 1973 Presidential Decree No. 158 was promulgated extending
deadline for the filing of application for amnesty under PD 95 dated January 11, 1973 and PD
124 dated February 2, 1973, until April 15, 1973;

WHEREAS, on June 6, 1973 Presidential Decree No. 206 was promulgated ordering that all
proceedings before military tribunals and/or civil courts in connection with all criminal cases
pending before them against all persons who have applied for amnesty in accordance with
Presidential Decree No. 95 and Presidential Decree No. 124, be held in abeyance pending
final action by the President on their application for amnesty and further extending the
deadline for filing of applications for amnesty up to July 15, 1973;

WHEREAS, on June 28, 1974 Presidential Decree No. 497 was promulgated granting
general amnesty under certain conditions to public school teachers, other government
officials and employees, members of the Armed Forces of the Philippines and other persons
for violations of election laws and other related statutes in connection with the election of
delegates to the Constitutional Convention, the deadline for application under which fell on
August 28, 1974;

WHEREAS, on November 1, 1974 Presidential Decree No. 571 was promulgated granting
amnesty to officers and ranking leaders of the Communist Party of the Philippines (PKP,
HMB, MASAKA, MPKP, SPKP), the deadline for application under which fell on December
21, 1974.

WHEREAS, on November 2, 1974 Presidential Decree No. 571-A was promulgated granting
amnesty to political expatriates for illegal acts committed in furtherance of their opposition
and resistance to martial law and the New Society, the period for application under which
expired on April 30, 1975;

WHEREAS, on February 3, 1976 Presidential Decree No. 886 was promulgated extending
the deadlines for the filing of applications for amnesty under Presidential Decrees Nos. 95
and 124, both as amended by Presidential Decrees Nos. 497, 571, 571-A, to December 31,
1976;

WHEREAS, on February 2, 1977, Presidential Decree No. 1082 was promulgated

proclaiming amnesty in certain areas of Southern Philippines for leaders, members,
supporters and sympathizers of the Moro National Liberation Front and the Bangsa Moro
Army and other anti-government groups with similar motivations and aims;

WHEREAS, the periods within which to file applications for amnesty provided for in the
aforementioned Presidential Decrees have already expired, but surveys and assessments
indicate that there are still others who would want to avail themselves of the benefits of
amnesty under the said decrees and return to the folds of the law;

WHEREAS, to better realize the objectives of Proclamation No. 1081, general orders,
decrees and instructions issued pursuant thereto, and to hasten the restoration of tranquillity
and stability of the nation, and to secure the people from violence, injuries and loss of lives in
the quickest possible manner and time, it is necessary that certain members, followers,
sympathizers and mere participants of said activist groups, subversive, associations and
front organizations, especially the youth, be allowed to lead normal lives under the control
and supervision of their parents, guardians, or benevolent citizens of their respective
communities;

WHEREAS, it has always been the vowed policy of the Government to unify our people, and
to deal with misguided dissenters and transgressors of the law with compassion so they may
regain their faith in government, and become our co-workers in the attainment of the
objective to reform the social, economic and political structure of the Philippine society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me as

President of the Philippines, do hereby order and decree the following:

Section 1. Proclamation of Amnesty. An amnesty is hereby decreed in favor of all persons

who may have violated the provisions of Republic Act No. 1700, as amended by Presidential
Decree No. 885 and those who have committed crimes against public order as defined and
penalized under the Revised Penal Code, including those crimes and offenses which may
have been committed by said persons in furtherance thereof, except as provided in Section 2
hereof.

Section 2. Persons Disqualified. The following persons are disqualified from amnesty under
this Decree;

(a) Those who have promoted, maintained or headed a rebellion or insurrection or

who, while holding public office or employment, took part therein, engaged in war
against the forces of the government, destroyed property or committed serious
violence, exacted contributions or diverted public funds from the lawful purpose for
which they had been appropriated; provided, that persons who merely participated or
executed the commands of others in a rebellion may be granted amnesty.

(b) Those who have committed murder, homicide, serious physical injuries, crimes
against chastity, robbery, piracy, arson, hijacking, violations of Firearms and Explosives
Law, and assault upon resistance and disobedience to persons in authority and their
agents, except if such crime or offenses was committed in furtherance of subversion or
crimes against public order as a mere participant/affiliate/member.

Section 3. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to
this Decree must satisfy the following requirements:

(a) He must submit his application not later than December 31, 1977 from the
effectivity of this Decree;

(b) He must take an oath of allegiance to the Republic of the Philippines and swear or
affirm to support and defend the Constitution of the Philippines; and

(c) He must surrender whatever unlicensed firearms and/or explosives and ammunition
he may have in his possession.

Section 4. Amnesty Commission. To carry out the purposes of this Decree, the Amnesty
Commissions constituted pursuant to Presidential Decree No. 124, as amended, shall act on
all cases of amnesty converted by this Decree.

Section 5. Powers and functions of the Amnesty Commissions. The Amnesty Commissions
herein created shall examine the facts and circumstances surrounding each case, and when
necessary conduct summary hearings of witnesses, require the production of official records,
and submit the appropriate recommendation to the President, thru the First Amnesty
Commission created pursuant to the aforesaid Presidential Decree No. 124, as amended,
which shall perform the same review function with respect to the record of proceedings of the
Amnesty Commissions referred to in the preceding Section 4 of this Decree.

Section 6. Pending Cases. The Investigation and trial of criminal cases against persons who
apply for amnesty pursuant to this Decree shall continue, unless the President or the
Secretary of National Defense shall direct otherwise.
Section 7. Traveling Expenses/Allowances. The Chairman and members of the Amnesty
Commissions created pursuant to this Decree, when traveling and/or performing duty for
purposes hereof, shall be entitled to payment of traveling expenses and a flat allowance of
one hundred fifty pesos a day, chargeable against the Command for Administration of
Detainees.

Section 8. Rules and Regulations. The rules and regulations promulgated to implement
Presidential Decree No. 124, as amended, insofar as the same are not inconsistent herewith,
shall govern the implementation of this Decree: Provided, that the Secretaries of Justice and
National Defense may jointly promulgate rules and regulations, as may be necessary to
effectively implement this Decree;

Section 9. Rescission Clause. All laws, decrees, orders, instructions, rules and regulations
which are inconsistent with this Decree are hereby rescinded and/or modified accordingly.

Section 10. Effectivity. This Decree shall take effect after two successive weekly publications
in at least two newspapers of general circulation in the Philippines.

DONE in the City of Manila, this 21st day of August, in the year of Our Lord, nineteen
hundred and seventy-seven.

PRESIDENTIAL DECREE No. 1429

REVISING PRESIDENTIAL DECREE NO. 124, AS AMENDED BY PRESIDENTIAL DECREE NO.

1182

WHEREAS, on April 8, 1978, I appealed to the political Opposition and to the

representatives of the various political factions in the Philippines to forget the bitterness
of the last election and unite for the sake of the national interest;

WHEREAS, on of the perceived obstacles to the achievement of national unity is the

detention of persons who have been charged with such crimes as subversion, rebellion,
sedition, illegal possession of firearms, and other offenses defined and penalized in the
Revised Penal Code, committed on the occasion or furtherance of, or in relation to the
crimes of rebellion, subversion or sedition, which persons may be judged to be
deserving of society's understanding and forgiveness;

WHEREAS, in accordance with my call to national reconciliation and unity, it is now

imperative to proclaim an amnesty in favor of said deserving persons, even without
further inquiry into their guilt or innocence and without waiting for final judgment by
the court or tribunal before which said charges are pending;
WHEREAS, to hasten the restoration of tranquillity and stability of the nation, and
pursuant to the government policy of reconciliation with persons who have been
arrested and/or charged as transgressors of the law, it is necessary that amnesty be
extended further to persons who may have committed certain acts penalized by existing
laws as well as those who, in the judgment of the President of the Philippines, are
deserving of amnesty.

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me as

President of the Philippines, do hereby order and decree the following:

Section 1. Proclamation of Amnesty. Amnesty is hereby decreed in favor of all persons

who have been arrested and/or charged, or although not arrested and/or charged may
have committed acts which make them liable for, violation of the provisions of Republic
Act No. 1700, as amended by Presidential Decree No. 885, and those who have been
arrested for, and/or charged or chargeable with crimes against public order as defined
and penalized under the Revised Penal Code, including those crimes and offenses which
may have been committed by said persons in furtherance thereof.

Sec. 2. Persons Disqualified. The following persons are disqualified from amnesty under
this Decree:

(a) Those who have promoted, maintained or headed a rebellion or insurrection or who,
while holding public office or employment, took part therein, engaged in war against the
forces of the Government, destroyed property or committed serious violence, exacted
contributions or diverted public funds from the lawful purpose for which they have been
appropriated; provided, that persons who have been arrested and/or charged with
having merely participated or executed the commands of others in a rebellion may be
granted amnesty.

(b) Those who have been arrested and/or charged with murder, homicide, serious
physical injuries, crimes against chastity, robbery, piracy, arson, hijacking, violations of
the Firearms and Explosives Law, and assault upon and resistance and disobedience to
persons in authority and their agents, except if such crime or offense was committed in
furtherance of subversion or crimes against public order as a mere
participant/affiliate/member.
Sec. 3. Notwithstanding the provisions of this decree, the President of the Philippines
may, on his own or upon recommendation of the government agency which he may
designate, under such circumstances and subject to such conditions as he may impose,
extend the amnesty granted under this Decree to persons who have been arrested
and/or charged, or although not arrested and/or charged may have committed acts
which make them liable for, violation of the provisions of Republic Act No. 1700, as
amended by Presidential Decree No. 885, and those who have been arrested for, and/or
charged or chargeable with crimes against public order as defined and penalized under
the Revised Penal Code, including those crimes and offenses which may have been
committed by said persons in furtherance thereof.

Sec. 4. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to
this Decree must satisfy with the following requirements:

(a) If under arrest or charged as of the date of this decree, he must submit this
application not later than September 30, 1978 in the prescribed form hereto attached as
Annex A;

If not under arrest, he must submit such application within six months after his arrest or
surrender;

(b) He must renew his oath of allegiance to the Republic of the Philippines and swear or
affirm to support and defend the Constitution of the Philippines; and

(c) He must surrender whatever unlicensed firearms and/or explosives and ammunition
he may have in his possession.

Sec. 5. Amnesty Commissions. To carry out the purposes of this Decree, the Amnesty
Commissions constituted pursuant to Presidential Decree No. 124, as amended, or such
offices or bodies as may be created or designated by the President shall act on all cases
of amnesty covered by this Decree.

Sec. 6. Powers and functions of the Amnesty Commissions. The Amnesty Commissions
herein created or offices and bodies created, or designated by the President shall
examine the facts and circumstances surrounding each case, and when necessary
conduct summary hearings of witnesses, require the production of official records, and
submit the appropriate recommendations to the President, thru the First Amnesty
Commissions created pursuant to the aforesaid Presidential Decree No. 124, as
amended, which shall perform the same review function with respect to the record of
proceedings of the Amnesty Commissions referred to in the preceding Sec. 5 of this
Decree.

Sec. 7. Pending Cases. The investigation and trial of criminal cases against persons and
their co-accused who apply for amnesty pursuant to this Decree shall continue, unless
the President shall direct otherwise.

Sec. 8. Traveling Expense/Allowances. The Chairman and members of the Amnesty

Commissions created pursuant to this Decree, when traveling and/or performing duty
for purposes hereof, shall be entitled to payment of traveling expenses and a flat
allowance of one hundred fifty pesos a day, chargeable against the Command for
Administration of Detainees.

Sec. 9. Rules and Regulations. The rules and regulations promulgated to implement
Presidential Decree No. 124, as amended, insofar as the same are not inconsistent
herewith, shall govern the implementation of this Decree: Provided, that the Secretaries
of Justice and National Defense may jointly promulgate rules and regulations, as may be
necessary to effectively implement this Decree.

Section 10. Rescission Clause. All laws, decrees, instructions, rules and regulations which
are inconsistent with this Decree are hereby rescinded and/or modified accordingly.

Section 11. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 10th day of June, in the year of Our Lord, nineteen
hundred and seventy-eight.

WE, “REFORMED,” qualified detainees of the New Bilibid Prison and the six
prisons/penal farms under the Bureau of Corrections, are hoping that President
Aquino will extend to us executive clemency and a “second chance in life” to
atone for our misdeeds and reconcile with our victims, in furtherance of
restorative justice, a cause which the government has been advancing for years
now.
According to a reliable source and based on the research work we have made,
Philippine presidents before P-Noy, during their respective terms, granted
executive clemency/amnesty to no less than 70 prisoners every year, as follows:
• Gloria Arroyo (January 2001-June 2010): 1,400 prisoners (an average of 150
prisoners/year)
ADVERTISEMENT

• Joseph Estrada (July 1998-January 2001): 600 prisoners (an average of 200
prisoners/year)
• Fidel Ramos (July 1992-June 1998): 700 prisoners (an average of 110
prisoners/year)
• Corazon Aquino (February 1986-June 1992): 400 prisoners (an average of 70
prisoners/year)
• Ferdinand Marcos (December 1965-February 1986): 3,000 prisoners (an
average of 140 prisoners/year)
P-Noy, on his part, has granted executive clemency to only 55 prisoners during
the almost six years he has been president.
The latest five prisoners who were granted executive clemency was on Feb. 25,
2015 (or more than a year ago now): two prisoners from penal colonies; two
prisoners from the NBP (one from a medium security camp; one from a
minimum security camp); and one from a maximum security compound (in the
person of Joaquin Jr., “Tatay” Baron y Hebres, N200P-3259, 75 years old, who
was imprisoned in 1992 for murder).
We are hoping and praying that President Aquino, having led our nation
through “daang matuwid,” would still consider the granting of any form of
executive clemency to us, deserving and qualified prisoners, in the remaining
two months of his administration.
—VENANCIO “KUYA BOY” A. ROXAS JR. (in behalf of “reformed”
prisoners of the New Bilibid Prison and six national prisons/penal
farms; noted by Rev. Msgr. Roberto A. Olaguer, chief chaplain,
Bureau of Corrections)

Read more: http://opinion.inquirer.net/94542/reformed-detainees-seek-

executive-clemency-president#ixzz58AlZIFvJ
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EXECUTIVE ORDER No. 415 March 22, 2005

PROVIDING FOR THE ABOLITION OF THE NATIONAL AMNESTY COMMISSION

WHEREAS, the National Amnesty Commission ("NAC"), created under Proclamation No.
347, dated 25 March 1994, to receive and process applications for amnesty of former rebels
and determine whether the applicants are entitled to amnesty under said Proclamation, and
has to date received almost 25,000 amnesty applications and granted amnesty to more than
20,000 former rebels;

WHEREAS, the period within which to file applications for amnesty before the NAC, as last
provided by Proclamation No. 21 dated 23 September 1998 and Proclamation No. 390 dated
29 September 2000, expired last 24 March 2000 and 07 October 2001, respectively;

WHEREAS, the NAC has since completed processing the foregoing amnesty applications
and determined the entitlement to amnesty of the applicants therein under the respective
amnesty laws;

WHEREAS, the NAC has formalized agreements with the department of Interior and Local
Government, as well as with several local government units across the country, to secure
greater and continuing access to livelihood, education and health programs for amnesty
grantees;

WHEREAS, Section 4 of Proclamation No. 347 provides that the term of the commission
shall expire upon the completion of its assigned tasks as may be determined by the
President.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the

Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. The term of the NAC, created under Proclamation No. 347, is hereby deemed
expired in view of the completion of its assigned tasks as provided by Section 4 thereof, and
the NAC is hereby abolished. The NAC shall thereby wind-up its operations within sixty (60)
days from the issuance of this Executive Order. All employees of the NAC shall thereby be
entitled to separation pay in accordance with Executive Order No. 366 (s.2004) and related
laws, in addition to all other gratuities and benefits that they may be entitled to under the law.

Section. 2. All assets, liabilities, choses 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"). The residual rights, powers and authority of the NAC,
including those provided for under Proclamation No. 426 (s. 2000), as likewise transferred to
the OPAPP. The OPAPP shall have the power to promulgate the necessary rules and
regulations for the proper implementation of said Proclamation.

Section. 3. this order shall take effect immediately upon approval.

DONE in the City of Manila, this 22nd day of March, in the year of Our Lord, Two Thousand
and Five.