ARTICLE VII

Executive Department

SEC. 19. 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.

He shall also have the power to grant amnesty with the concurrence of a majority of
all the Members of the Congress.

EXCERPTS FROM THE AMENDED GUIDELINES FOR RECOMMENDING

EXECUTIVE CLEMENCY, REVISED MANUAL, BOARD OF PARDONS AND
PAROLE (2006)

Section 2. Consideration of Cases for Executive Clemency - The Board [of Pardons and Parole]
may consider cases for executive clemency upon petition, or referral by the Office 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 prisoner;

b. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed;

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

d. Prisoners who were over nine (9) years old but under eighteen (18) years of age at the
time of the commission of the offense;

e. Prisoners who are (70) years old and above who have served at least five (5) years of
their sentence or those whose continued imprisonment is inimical to their health as
recommended by a physician designated by the Department of Health or designated
by the Malacañang Clinic Director;

f. Prisoners who suffer from serious and life-threatening illness/disease or severe

physical disability such as those who are totally blind, paralyzed, bedridden, etc., as
recommended by a physician of the Bureau of Corrections Hospital and certified by
a physician designated by the Department of Health or designated by the
Malacañang Clinic Director;

g. Alien prisoners where diplomatic considerations and amity among nations necessitate
review;
 h. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby.
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 a prisoner upon any of the following grounds:\

a. When he is suffering from severe physical disability as when he is a deaf-mute, a leper, a

cripple, or is partially blind, etc., as recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician designated by the Department of Health
or designated by the Malacañang Clinic Director;

b. When he is suffering from serious illness as recommended by a physician of the

Bureau of Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;

c. Such other circumstances whenever the interest of justice will be served thereby.
Provided, that a petition for executive clemency under this section may be reviewed only if the
petitioner meets the following minimum requirements:

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

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

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

3. at least twelve (12) years, for prisoners whose sentences were adjusted to (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 committed on or after January 1, 1994 and sentenced to
one (1) reclusion perpetua or one (1) life imprisonment

5. at least seventeen (17) years, for prisoners sentenced to two (2) or more
reclusion perpetua or life imprisonment even if their sentences were adjusted
to (40) years in accordance with the provisions of Article 70 of the Revised
Penal Code, as amended.

6. at least (20) years, for those sentenced to death which was automatically
commuted or reduced to reclusion perpetua or life imprisonment.

B. For Conditional Pardon, the prisoner should have served at least one-half (1/2) of the
maximum of the original indeterminate and/or definite prison term.
SECTION 5. Exceptions -- Even with the existence of any of the circumstances enumerated in
Sections 3 and 4, the Board shall not favorably recommend petitions for executive clemency of
the following prisoners:

a. Those convicted of Evasion of Service of Sentence;

b. Those who violated the conditions of their Conditional Pardon;
c. Those who are habitual delinquents or recidivists;
d. Those convicted of Kidnapping for Ransom;
e. Those convicted of violation of Republic Act No. 6425, as amended, otherwise
known as "The Dangerous Drugs Act of 1972", or Republic Act 9165, also known as
the Dangerous Drugs act of 2002", and other drug related offenses except those
convicted only of use and/or possession of prohibited or regulated drugs;
f. Those convicted of offenses committed under the influence of drugs;
g. Those whose release from prison would pose a threat to the public safety or would
constitute a danger to society; and
h. Those suffering from dementia or insanity.

Above notwithstanding, in view of diplomatic considerations and upon recommendation of the

Department of Foreign Affairs, the grant of executive clemency may be availed by a foreign
prisoner or alien serving a prison sentence in the Philippines, as an opportunity for securing the
release of Filipino convicts, if any in the country of the convicted foreigner or alien.

SECTION 6. Petition for Absolute Pardon -- the prisoner should have served his maximum
sentence or granted final release and discharge or court termination of probation. However, the
Board may consider a petition for absolute pardon even before the grant of final release and
discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the petitioner:

(1) is seeking an appointive/elective public position or reinstatement in the government service;

(2) will take any government examination; or
(3) is emigrating, provided the petitioner shall submit an approved immigrant application.