I. Constitutional and Legal Framework

The power to grant executive clemency in the Philippines is vested exclusively in the President of the Republic under Article VII, Section 19 of the 1987 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.

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

This power is plenary and discretionary, subject only to the limitations expressly stated in the Constitution (finality of judgment, non-applicability to impeachment, and congressional concurrence for amnesty). The Supreme Court has consistently ruled that the exercise of this prerogative is beyond judicial review except when it violates explicit constitutional restrictions (Monsanto v. Factoran, G.R. No. 78239, February 9, 1989; People v. Salle, G.R. No. 103567, December 15, 2000).

Supporting laws and issuances:

Revised Penal Code, Articles 159–160 (effects of pardon)
Indeterminate Sentence Law (Act No. 4103, as amended)
Probation Law of 1976 (P.D. No. 968, as amended)
Executive Order No. 292 (Administrative Code of 1987), Book III, Title III, Chapter 9
Republic Act No. 10592 (2013) – amended the credit for preventive imprisonment and good conduct time allowance rules, indirectly affecting clemency computations
Department of Justice Circulars and the current Board of Pardons and Parole (BPP) Guidelines (2023 Revised Manual, as amended)

II. Types of Executive Clemency Available to Persons Deprived of Liberty

Absolute Pardon
Completely extinguishes the penalty and all its effects, including accessory penalties. Restores full civil and political rights. The pardoned person is deemed never to have committed the offense insofar as civil liability to private offended parties is not extinguished (RPC, Art. 36, as interpreted in Cristobal v. Labrador, G.R. No. 47940, December 9, 1940; Pelobello v. Palatino, G.R. No. L-48100, July 20, 1943).
Conditional Pardon
Extinguishes the penalty subject to conditions (e.g., “shall not again violate any of the penal laws”). Violation of the condition results in re-arrest and re-incarceration for the unserved portion of the sentence (RPC, Art. 159; People v. Casido, G.R. No. 116512, March 7, 1997).
Commutation of Sentence
Reduction of the penalty to a lesser one (e.g., reclusion perpetua to reclusion temporal, or 40 years to 30 years). Most commonly granted form of clemency for long-term prisoners.
Reprieve
Temporary postponement of sentence execution (rarely used since the abolition of the death penalty in 2006 via R.A. No. 9346).
Remission of Fines and Forfeitures
Rare in practice.
Amnesty
Requires concurrence of Congress. Applies to classes of offenders (e.g., political offenders, rebels). Not processed through the BPP in the ordinary course.

Note: Parole is NOT a form of executive clemency. Parole is an administrative release under the supervision of the BPP pursuant to the Indeterminate Sentence Law and is distinct from pardon or commutation.

III. Role of the Board of Pardons and Parole (BPP)

The BPP is an attached agency of the Department of Justice created under the Administrative Code of 1987. It has exclusive recommendatory jurisdiction over all petitions for executive clemency (except amnesty).

The President almost invariably follows the BPP recommendation. There are only a handful of historical instances where the President deviated from the BPP (e.g., the 1998 pardon of Claudio Teehankee, Jr. despite negative BPP recommendation under President Estrada).

IV. Minimum Eligibility Requirements (2023 BPP Guidelines, as amended)

A. For Commutation of Sentence

Must have served at least:
- One-half (½) of the minimum of the indeterminate sentence, or
- For prisoners serving reclusion perpetua/life imprisonment: at least 30 years (if sentenced before 1993) or 40 years less GCTA (if sentenced after the abolition of death penalty).
Must have served at least 15 years actual confinement for those sentenced to reclusion perpetua under the Revised Penal Code if the crime was committed after January 1, 1994 (People v. Escares, G.R. No. 221366, September 13, 2017).
No pending criminal case in court.
Must have no derogatory record in prison for the last two (2) years.
Must have served at least one-third (⅓) of the maximum sentence if the penalty is destierro or fine only (rare).

B. For Conditional Pardon

Must have served at least:
- One-half (½) of the maximum indeterminate sentence, or
- For reclusion perpetua: at least 30 years (pre-1994) or 40 years less GCTA.
Generally requires older age (70+) or serious illness, or exceptional circumstances (meritorious cases).
The prisoner must expressly accept the conditions in writing.

C. For Absolute Pardon
Very rare. Usually granted only in cases of manifest injustice, wrongful conviction later proven, or extreme humanitarian considerations. Requires unanimous BPP recommendation and is almost never granted without overwhelming evidence of innocence or extraordinary merit.

D. Special Guidelines for Elderly, Sick, and Women Prisoners

Prisoners aged 70 years and above who have served at least 10 years may be recommended for commutation.
Terminally ill prisoners (certified by government physician) may be recommended even with shorter service.
Women with children inside prison may receive favorable consideration.

V. Application Process Step-by-Step

Filing of Petition
The petition may be filed by:
- The prisoner himself/herself
- Immediate family member (spouse, parent, child, sibling)
- Counsel
- Any person with written authority from the prisoner
Venue: Board of Pardons and Parole, DOJ Compound, Padre Faura, Manila, or through the prison superintendent (who is required to forward it within 5 days).
Required Documents (2023 BPP Checklist)
a. Duly accomplished Petition Form (BPP Form No. 001)
b. Certified true copy of the Court Decision (with Certificate of Finality)
c. Certified true copy of the Mittimus/Commitment Order
d. Prison Record / Carpetas (certified by the prison superintendent) showing:
- Date of confinement
- GCTA earned (R.A. 10592 credits)
- Disciplinary record for the last 2 years
  e. Bureau of Corrections / Bureau of Jail Management and Penology Certificate of Detention
  f. Prosecutor’s Comment from the Office of the Provincial/City Prosecutor where the case was tried
  g. Comment of the offended party or heirs (if murder/homicide/parricide/rape) – mandatory under Monsanto doctrine
  h. Medical Abstract/Certificate (if claiming illness or advanced age)
  i. NBI Clearance (current)
  j. Police Clearance from place of residence before incarceration
  k. Barangay Clearance from place of intended residence after release
  l. Affidavit of Undertaking (to abide by conditions, if conditional pardon)
  m. Recent 2×2 photographs (3 copies)
Initial Evaluation by BPP Secretariat
The petition is docketed and checked for completeness. Incomplete petitions are returned for compliance within 60 days; otherwise archived.
Publication Requirement
For all petitions, notice must be published once in a newspaper of general circulation (at petitioner’s expense). Proof of publication must be submitted.
Comment of Offended Party
The BPP notifies the victim or heirs. If they oppose, the opposition is given great weight (Monsanto v. Factoran).
Summary Hearing (if necessary)
The Board may conduct a hearing, but most cases are resolved on the basis of documents.
BPP Resolution
The petition is calendared for Board deliberation. Requires majority vote for favorable recommendation.
Transmittal to the President
Favorable recommendations are transmitted to Malacañang through the Office of the Executive Secretary. The President may approve, deny, or return for further study.
Proclamation / Pardon Document
Upon approval, the Office of the President issues a Certificate of Pardon/Commutation signed by the President and countersigned by the Executive Secretary.
Release
The Bureau of Corrections/BJMP releases the prisoner upon receipt of the pardon document.

VI. Processing Time

Under the current BPP guidelines, the target processing time is 6–12 months from complete submission, though delays of 18–24 months are common due to volume and the need for victim notification.

VII. Effects of Grant of Clemency

Commutation: Reduces the sentence; accessory penalties remain unless expressly remitted.
Conditional Pardon: Prisoner must report to a Parole and Probation Officer for the duration of the original maximum sentence.
Absolute Pardon: Restores full rights, including eligibility to run for public office (except if the crime involved moral turpitude and the pardon does not expressly restore political rights – rare limitation).

VIII. Grounds for Denial (Common)

Opposition by victim/heirs
Pending criminal cases
Poor prison record
Insufficient service of sentence
Crime involved heinous offenses (murder, rape, large-scale drug trafficking)
Previous denial within the last two years

IX. Special Mass Clemency Programs

Presidents periodically issue special guidelines for Christmas or anniversary clemency (e.g., President Duterte’s Administrative Order No. 33, s. 2017; President Marcos Jr.’s guidelines in 2023–2025). These lower the minimum service requirements for elderly, sick, and long-serving prisoners.

X. Remedies if Petition is Denied

There is no appeal. The prisoner may re-file after two (2) years or upon showing new and meritorious grounds (e.g., terminal illness, advanced age, exemplary conduct).

Conclusion

Executive clemency remains one of the last constitutional avenues of mercy for persons deprived of liberty who have demonstrated genuine rehabilitation. While the process is rigorous and heavily favors victims’ rights under prevailing jurisprudence, it offers a structured, rule-based mechanism for deserving prisoners to regain their freedom and reintegrate into society. Proper preparation of the petition, complete documentation, and absence of victim opposition are the most critical factors for success.