Amendments to the Existing Rules on Parole and the Existing Amended Guidelines for Recommending Executive Clemency

February 9, 2012

BPP RESOLUTION NO. OT-11-02-12

AMENDMENTS TO THE EXISTING RULES ON PAROLE AND THE EXISTING AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY

Pursuant to Act No. 4103, otherwise known as "The Indeterminate Sentence Law", as amended by, among others, Sec. 21 Title III, Book IV of Executive Order No. 292 dated July 25, 1987, otherwise known as "The Administrative Code of 1987", and in order to facilitate a more comprehensive, meaningful and expeditious grant of parole and executive clemency, with the view towards advancing the principles of restorative justice and the preservation of human life, the following amendments to the existing Rules on the Grant of Parole (The "Rules") and the existing Guidelines for Recommending Executive Clemency (The "Guidelines") are hereby adopted, to wit:

I.Amendments to the Rules on Parole

I.a. Rule 3.4 of the Rules is hereby amended, as follows:

"RULE 3.4. Presentation to Probation and Parole Officer. — Within the period prescribed in his Release Document, the parolee shall present himself to the Probation and Parole Officer specified in the Release Document for supervision.

"If the parolee fails to report within FIFTEEN (15) days from the date of his release from confinement, the Probation and Parole Officer shall inform the Board of such failure for the Board's appropriate action."

I.b. Rule 3.5 is hereby amended, as follows:

"RULE 3.5. Arrival Report. — WHEN THE PAROLEE REPORTS FOR SUPERVISION, the Probation and Parole Officer concerned shall IMMEDIATELY inform the Board, through the Technical Service of the Parole and Probation Administration, of such fact BY SUBMITTING THE NECESSARY ARRIVAL REPORT." DEICHc

I.c. Rule 3.8 is hereby amended, as follows:

"RULE 3.8. Transfer of Residence. — A parolee may not transfer from the place of residence designated in his Release Document without the prior written approval of EITHER the Regional Director OR THE ADMINISTRATOR, subject to the confirmation of the Board."

I.d. As a result of the immediately preceding amendment, Rule 1.2, Definition of Terms, shall be amended as well by inserting a new subparagraph (a),which shall read thus:

"a." ADMINISTRATOR" REFERS TO THE ADMINISTRATOR OF THE PAROLE AND PROBATION ADMINISTRATION;"

I.e. Rule 3.12 is hereby amended, as follows:

"RULE 3.12. Reports. — The Probation and Parole Officer concerned shall submit the following reports to the Board:

"a. A "Progress Report" on the conduct of the parolee while under supervision;

"b. A "STATUS REPORT" WHEN A PAROLEE COMMITS ANOTHER OFFENSE DURING THE PERIOD OF HIS PAROLE SUPERVISION AND THE CASE FILED AGAINST HIM HAS NOT YET BEEN DECIDED BY THE COURT;

"c. An Infraction Report when the parolee has been subsequently convicted of another crime;

"d. A Violation Report when a parolee commits any violation of the terms and conditions appearing in his Release Document or any serious deviation or non-observance of the obligations set forth in the parole supervision program."

I.f. The heading of Rule 3.15 shall be amended, as follows: AISHcD

"RULE 3.15. Withdrawal/Cancellation of Release Document. — The Board may withdraw/cancel the Release Document if it finds that material information given by the parolee to the Board, either before or after release, was false, or incomplete or that the parolee had willfully or maliciously concealed material information from the Board."

I.g. Rule 3.19 is hereby amended, as follows:

RULE 3.19. Transmittal of Certificate of Final Release and Discharge. — The Board shall forward a certified true copy of the Certificate of Final Release and Discharge to the parolee, the Court which imposed the sentence, the Probation and Parole Officer concerned, THROUGH THE TECHNICAL SERVICE, the Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police and the Office of the President.

II. Amendments to the Guidelines for Recommending Executive Clemency

II.a. Subparagraphs (b),(d) and (e) of Section 3 shall be deleted, and the rest shall be re-numbered accordingly, to wit:

"Section 3. Extraordinary Circumstances. — The Board shall recommend to the President the grant of executive clemency when any of the following extraordinary circumstances are present:

"a. The trial court or appellate court in its decision recommended the grant of executive clemency for the inmate;

"b. Evidence which the court failed to consider, before conviction, which would have justified an acquittal of the accused;

"c. WHEN AN INMATE SUFFERS from serious, contagious or life-threatening illness/disease or with severe physical disability, such as those who are totally blind, paralyzed, bedridden, etc.,as recommended UNDER OATH by a physician of the Bureau of Corrections Hospital and certified under oath by a physician designated by the Department of Health; DTEIaC

"d. Alien inmates where diplomatic considerations and amity among nations necessitates review; and

"e. Such other similar or analogous circumstances whenever the interest of justice will be served thereby."

II.b. Section 4 of the Guidelines shall be amended by adding the following paragraph at the end:

"Section 4.Other Circumstances. — When none of the extraordinary circumstances enumerated in Section 3 exist, 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:

A. For Commutation of Sentence, the inmate should have served:

1. at least one-third (1/3) of the definite or aggregate prison terms;

2. at least one-half (1/2) of the minimum of the indeterminate prison term or aggregate minimum of the indeterminate prison terms;

3. at least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other special laws;

4. 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; aCITEH

5. 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;

6. at least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or life imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as "The Dangerous Drugs Act of 1972" or Republic Act No. 9165, also known as "The Comprehensive Dangerous Drugs Act of 2002";and for kidnapping for ransom or violation of the laws on terrorism, plunder and transnational crimes;

7. 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 of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended;

8. 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. (As amended by Board Resolution No. 24-4-10 dated April 13, 2010).

B. 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. (As amended by Board Resolution No. 24-4-10 dated April 13, 2010).

"COMPLIANCE WITH THE ABOVE-MENTIONED PERIODS OF IMPRISONMENT SHALL BE WITHOUT PREJUDICE TO THE RESULTS OF PUBLICATION, COMMUNITY INTERVIEW, PRE-EXECUTIVE CLEMENCY INVESTIGATION REPORT, INSTITUTIONAL CONDUCT, NBI RECORDS CHECK, PSYCHOLOGICAL TEST, NOTICES, COMMENTS FROM THE VICTIM OR VICTIM'S RELATIVES, COURT CERTIFICATIONS OF THE NON-EXISTENCE OF ANY RECORD OF PENDING APPEAL OR CASE, AND OTHER PERTINENT DOCUMENTS AND FACTORS." HCDAac

II.c. Section 20 of the Guidelines shall be amended to read, as follows:

"Section 20. Implementation of President's Grant of Executive Clemency. — FROM THE OFFICE OF THE PRESIDENT, THE DOCUMENT EVIDENCING THE PRESIDENT'S GRANT OF EXECUTIVE CLEMENCY SHALL BE SENT TO THE PRISONER, THROUGH THE DIRECTOR OF THE BUREAU OF CORRECTIONS OR THE WARDEN OF THE JAIL WHERE THE PRISONER IS CONFINED, COPY OF WHICH SHALL BE FURNISHED THE BOARD.

"UPON RECEIPT, THE DIRECTOR OR WARDEN SHALL IMMEDIATELY IMPLEMENT THE GRANT OF EXECUTIVE CLEMENCY."

II.d. Section 21 of the Guidelines shall be amended to read, as follows:

Section 21. Certificate of Release. — In case of grant of pardon, the Director or Warden shall, on the date of release:

1. READ TO THE PRISONER THE CONDITIONS OF PARDON IN THE LANGUAGE OR DIALECT KNOWN TO HIM OR HER;

2. MAKE KNOWN TO THE PRISONER THE CONSEQUENCES OF VIOLATING SUCH CONDITIONS; AND

3. REQUIRE THE PRISONER TO ACKNOWLEDGE ACCEPTANCE OF SUCH CONDITIONS AS A PRE-REQUISITE TO ACTUAL RELEASE.

"ONCE ACCEPTED, THE DIRECTOR OR WARDEN SHALL ISSUE IN FAVOR OF THE PRISONER A "CERTIFICATE OF DISCHARGE FROM PRISON",WHICH SHALL INCLUDE A RECITAL OF THE CONDITIONS OF THE GRANT OF PARDON AND THE CONSEQUENCES OF NON-COMPLIANCE THEREWITH, A COPY OF WHICH SHALL BE FURNISHED THE BOARD." IcaHTA

III.e. Sections 22, 23, 25 up to 29 and 31 shall be amended by replacing the term "PRISONER" appearing therein with "PARDONEE":

"Section 22. Monitoring of Compliance with Conditions of Pardon. — Where the President grants conditional pardon to a PARDONEE, the Board shall monitor the PARDONEE'S compliance with the conditions imposed for the duration of the period stated in the document evidencing the President's grant of executive clemency. The Board shall also determine whether said PARDONEE has complied with or violated the conditions of his pardon.

To assist the Board in monitoring compliance with the conditions imposed upon the PARDONEE, the Board shall place the PARDONEE under the supervision of a Probation and Parole Officer.

Section 23. Presentation to Probation and Parole Officer. — Within the period prescribed in the document evidencing the President's grant of executive clemency, the PARDONEE shall present himself to the Probation and Parole Officer concerned. The Probation and Parole Officer shall inform the Board if the PARDONEE fails to report within FIFTEEN (15) days from the date of his release from confinement.

Section 25. Infraction and Progress Report. — If a PARDONEE violates any of the conditions of his pardon or seriously deviates from the obligations imposed under the supervision program or otherwise commits another offense during the period of his supervision, the Probation and Parole Officer concerned shall immediately report the same to the Board and shall periodically submit a Progress Report as regards the case filed against him.

Section 26. Recommendation for Arrest of Pardonee for Violation of Conditions of Pardon. — Upon determination that a PARDONEE has violated the conditions thereof, the Board shall recommend to the President his arrest or recommitment.

Section 27. Summary Report. — Upon the expiration of the period stated in the document evidencing the President's grant of executive clemency, the Probation and Parole Officer concerned shall submit to the Board, through the Chief Probation and Parole Officer, a Summary Report on his supervision of the PARDONEE.

The clearances from the police, court, prosecutor's office and barangay officials shall be attached to the Summary Report. EDSHcT

Section 28. Certificate of Final Release and Discharge. — Upon receipt of the Summary Report, the Board shall, upon the recommendation of the Chief Probation and Parole Officer that the PARDONEE has complied with all the conditions of his pardon, issue a Certificate of Final Release and Discharge.

Section 29. Transmittal of` Certificate of Final Release and Discharge. — The Board shall forward a certified true copy of the Certificate of Final Release and Discharge to the PARDONEE, the Probation and Parole Officer concerned, through the Technical Service of the Parole and Probation Administration, the Court which imposed the sentence, the Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police, and the Office of the President.

Section 31. Death of Pardonee Under Supervision. — If a PARDONEE dies during the period of supervision, the Probation and Parole Officer shall immediately transmit a certified true copy of the PARDONEE'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 PARDONEE resided shall suffice."

The foregoing amendments of the Rules and the Guidelines shall take effect upon approval by the Secretary of Justice and after the lapse of fifteen (15) days following its publication in a newspaper of general circulation. Let copies of this Resolution be sent to the Office of the President through the Executive Secretary, to the Bureau of Corrections and to the University of the Philippines Law Center.

Done in Quezon City, this 9th day of February 2012.

(SGD.) NATIVIDAD G. DIZONChairman of the Board

(SGD.) ARTEMIO C. ASPIRASMember

(SGD.) RAMON A. BARCELONAMember

(SGD.) JIMMY T. GIRONMember

(SGD.) ALEJANDRO M. VILLAMILMember

(SGD.) MANUEL G. COEx-Officio Member

(SGD.) JOSEFINA M. SANTOSMember

(SGD.) PERLITA J. TRIA TIRONAMember

APPROVED by:

(SGD.) LEILA M. DE LIMASecretary of Justice

ATTESTED by:

(SGD.) REYNALDO G. BAYANGExecutive Secretary of the Board

 

Published in The Philippine Star on April 3, 2012.