AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY DOCX

Title	AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY
Author	Mc Vc
Pages	9
File Size	30.5 KB
File Type	DOCX
Total Downloads	377
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March 7, 2006 AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY GENERAL PROVISIONS SECTION 1. Plenary Power of the President to Grant Executive Clemency. — Under Section 19, Article VII of the Constitution, except in cases of impeachment, or as otherwise provided, the President may grant reprieves, commutations and pardons, and remit fnes and forfeitures, after conviction by fnal judgment. Executive clemency 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. These guidelines are meant solely for the guidance of the Board of Pardons and Parole (hereafter the "Board") in the performance of its duty to assist the President in exercising the power of executive clemency. These guidelines created no vested or enforceable rights in persons applying for executive clemency. These guidelines do not restrict the plenary authority granted to the President under Section 19, Article VII of the Constitution. The President may motu proprio or upon recommendation of the Board or of any other agency, grant reprieves, commutations and pardons and remit fnes and forfeitures after fnal judgment. The President may also review, revise, amend, revoke or afrm the recommendation of the Boardr refer any matter pertaining to executive clemency to the Board or to any other agency. SECTION 2. Consideration of Cases for Executive Clemency. — The Board may consider cases for executive clemency upon petition, or referral by the Ofce of the President, or motu proprio. SECTION 3. Extraordinary Circumstances. — The Board shall recommend to the President the grant of executive clemency when the following extraordinary circumstances are present such that a strict application of the law will result in manifest injustice: a. The trial court or appellate court in its decision recommended the grant of executive clemency for the prisonerr b. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committedr c. Evidence which the court failed to consider, before conviction, which would have justifed an acquittal of the accusedr d. Prisoners who were over nine (9) years but under eighteen (18) years of age at the time of the commission of the ofense. e. Prisoners who are seventy (70) years old and above who have served at least fve (5) years of their sentence or those whose continued imprisonment is inimical to their health as recommended by a physician of the Bureau of Corrections Hospital and certifed by a physician designated by the Department of Health or designated by the Malacañang Clinic Directorr...