Families of victims sometimes reach a point where they want to support the release, parole, or executive clemency of the person convicted for the crime. This can happen after forgiveness, reconciliation, payment of civil damages, a restorative justice process, serious illness, old age, or simply because the family believes the prisoner has already served enough time. In the Philippines, the victim’s family may be heard and may submit a written comment, support letter, or “no objection” to release or clemency. But the family cannot directly order the prisoner’s release, erase the conviction, or override the legal requirements. The final authority depends on the type of release: the Board of Pardons and Parole for parole, the President for executive clemency, the courts for judicial release, and prison/jail authorities for sentence computation and time allowances. (Lawphil)

What Rights Does the Victim’s Family Have?

The most accurate way to describe the family’s right is this: the victim’s family has a right to participate and be heard, not an automatic right to release the prisoner.

In clemency and parole processing, the victim, the offended party, or the victim’s immediate relatives may submit information to the Board of Pardons and Parole. This may be favorable or unfavorable to the prisoner. The family may say that they oppose release, support release, have forgiven the prisoner, have received civil indemnity, or have no objection to clemency.

Under the Board of Pardons and Parole rules, when an inmate is being considered for executive clemency, the Board must notify the offended party or, if unavailable or cannot be located, the offended party’s immediate relatives. They are given 30 days from notice to comment on whether clemency may be granted. The Board may waive notice only in urgent cases or when the interest of justice requires it, and the reason must be explained in the Board resolution. (Supreme Court E-Library)

For crimes with a private offended party, the BuCor Uniform Manual on Time Allowances and Service of Sentence also states that the BPP shall notify the offended party, or the immediate relatives if the offended party is unavailable or cannot be located, and give them 30 days to comment. Any interested party may also submit written objections, comments, or relevant information in executive clemency cases within the stated publication period. (Bureau of Corrections)

Release, Parole, and Clemency Are Not the Same

Many families use the words “release,” “pardon,” and “clemency” interchangeably, but they have different legal effects.

Option	Who acts on it	What it means	Key point for the victim’s family
Parole	Board of Pardons and Parole	Conditional release after the prisoner serves the minimum sentence under an indeterminate sentence	The family may submit support or opposition, but the prisoner must be legally eligible
Commutation of sentence	President, usually after BPP recommendation	Reduction of the sentence	Often used when the penalty is viewed as too harsh or humanitarian grounds exist
Conditional pardon	President	Release subject to conditions	Violation of conditions may lead to re-arrest and service of the unexpired sentence
Absolute pardon	President	Extinguishes criminal liability, subject to legal effects	Does not erase civil indemnity unless legally satisfied
GCTA or time allowance	Prison/jail authorities under law and rules	Deduction from sentence due to good conduct or qualifying activities	This is sentence computation, not forgiveness by the victim
Maximum expiration of sentence	Prison/jail authorities	Release because the sentence has been fully served	Family support is usually not the controlling issue

Parole under Act No. 4103, the Indeterminate Sentence Law, generally becomes possible after the prisoner has served the minimum sentence and the Board finds, based on the prisoner’s record and investigation, that release is compatible with public welfare and that the prisoner is likely to live lawfully outside prison. (Lawphil)

Executive clemency is different. Under Article VII, Section 19 of the 1987 Constitution, the President may grant reprieves, commutations, pardons, and remission of fines and forfeitures after conviction by final judgment, except in impeachment cases and other constitutional limits. Amnesty requires concurrence of a majority of all Members of Congress. (Lawphil)

Legal Basis in Philippine Law

The President’s power to grant clemency

The Constitution gives the clemency power to the President, not to the victim’s family, the prosecutor, or the court that convicted the accused. The Board of Pardons and Parole assists by evaluating cases and making recommendations, but the ultimate grant of executive clemency is a presidential act. (Lawphil)

The BPP guidelines state that executive clemency is within the President’s discretion and is used to prevent a miscarriage of justice or correct manifest injustice. The guidelines also make clear that they guide the Board and do not create a vested or enforceable right to clemency. (Supreme Court E-Library)

The victim’s forgiveness does not automatically end the criminal case

Under Article 23 of the Revised Penal Code, a pardon by the offended party generally does not extinguish the criminal action, although an express waiver may affect the civil liability belonging to the injured party. This is important: a victim’s family may forgive, support release, or waive civil claims, but the crime remains an offense against the State. (Supreme Court E-Library)

This is why a “letter of forgiveness” is helpful evidence, but it is not a release order. It is weighed together with the prisoner’s conduct, sentence served, offense, risk to the community, age, health, civil liability, rehabilitation, and public interest.

Civil liability remains separate

A conviction often includes civil liability such as restitution, reparation, indemnity, moral damages, temperate damages, or exemplary damages. Article 100 of the Revised Penal Code states that every person criminally liable for a felony is also civilly liable. Article 104 says civil liability includes restitution, reparation of damage, and indemnification for consequential damages, including those suffered by the victim’s family under Article 107. (Supreme Court E-Library)

A pardon does not exempt the offender from paying civil indemnity imposed by the sentence. Article 36 of the Revised Penal Code expressly says a pardon does not exempt the culprit from payment of civil indemnity, and Article 113 says the offender remains obliged to satisfy civil liability even if the sentence has been served or the prisoner has not been required to serve it because of amnesty, pardon, commutation, or any other reason. (Supreme Court E-Library)

If the family wants to waive unpaid civil liability, the wording must be deliberate. Under the Civil Code, condonation or remission of a debt is essentially gratuitous and requires acceptance by the obligor; express condonation must also comply with the forms required by law. (Lawphil)

Parole has legal disqualifications

Parole is not available to every convicted prisoner. Act No. 4103 excludes certain categories, including those convicted of offenses punished with death or life imprisonment under the law’s wording, habitual delinquents, escapees, those who violated conditional pardon, and those whose maximum term does not exceed one year. (Lawphil)

Republic Act No. 9346, the 2006 law prohibiting the death penalty, replaced the death penalty with reclusion perpetua or life imprisonment, depending on the law violated. It also states that persons convicted of offenses punished with reclusion perpetua, or whose sentences were reduced to reclusion perpetua by that law, are not eligible for parole under the Indeterminate Sentence Law. However, RA 9346 also preserves the President’s power to grant executive clemency. (Lawphil)

Step-by-Step Guide for a Victim’s Family Supporting Release or Clemency

1. Confirm the prisoner’s legal status

Before writing to any office, identify the exact status of the case. The correct process depends on this.

Gather these details:

Full name of the prisoner or PDL, meaning person deprived of liberty
Name of the victim and case title, usually People of the Philippines v. [Name of Accused]
Criminal case number
Court and branch that issued the judgment
Date of conviction and whether the judgment is final
Exact penalty imposed
Place of confinement: BuCor facility, BJMP jail, provincial jail, or other facility
Whether there is a pending appeal, pending case, or pending warrant
Whether civil damages were paid, unpaid, partially paid, or waived

In practice, the prison record or carpeta is critical. The Uniform Manual lists documents commonly included in the PDL carpeta for BPP review, such as the commitment order, information or complaint, decision or judgment, certificates of detention, time allowances granted, rehabilitation certificates, entry of judgment, certificate of no pending case, certificate of no pending appeal, NBI record check, psychological or psychiatric evaluation if required, and medical abstract if required. (Bureau of Corrections)

2. Identify the correct route

Use the sentence and status to decide which route makes sense.

If the prisoner has an indeterminate sentence and has served the minimum term, parole may be possible.
If the prisoner is serving reclusion perpetua, life imprisonment, or a very long sentence, executive clemency may be the realistic route.
If the issue is good conduct time allowance, it may involve sentence computation by BuCor, BJMP, or the jail authority, not clemency.
If the prisoner has already served the full sentence but remains detained, the issue may be illegal continued detention, not forgiveness or clemency.
If the conviction is still on appeal, executive clemency generally cannot proceed because the Constitution refers to clemency after conviction by final judgment. (Lawphil)

3. Prepare a clear victim-family support letter or comment

The letter should be respectful, factual, and specific. Avoid emotional exaggeration, political pressure, threats, or statements that look like the family was paid to forgive.

A strong letter usually contains:

The writer’s full name, address, contact number, and relationship to the victim
The prisoner’s full name and case details
A statement that the writer is submitting a comment, support letter, or no objection
A short explanation of the harm suffered by the victim and family
A clear statement of forgiveness, reconciliation, or no objection, if true
Reasons supporting release, such as remorse, apology, rehabilitation, age, illness, long service of sentence, payment of civil liability, or restorative justice
A public safety statement, such as proposed residence, family support, treatment plan, employment, community support, or agreement to avoid contact if needed
A statement on civil liability, carefully saying whether it has been paid, remains unpaid, or is not being waived
Signature and date

A careful sentence may read:

“I am submitting this letter voluntarily to state that I do not object to the consideration of [name of PDL] for parole/executive clemency. This statement is made to inform the Board of our family’s present position and is not intended as a waiver of any unpaid civil indemnity unless expressly stated in a separate document.”

That last clause matters. Families sometimes sign broad affidavits saying they “waive everything” without realizing they may be affecting civil claims.

4. Attach proof of identity and relationship

The Board or reviewing office must know that the person writing is genuinely connected to the victim.

Common attachments include:

Document	Why it helps
Government-issued ID or passport	Proves identity of the writer
PSA birth certificate	Shows parent-child or sibling relationship
PSA marriage certificate	Shows spouse relationship
PSA death certificate of victim	Needed when the victim is deceased
Court decision or case details	Helps the BPP match the letter to the right case
Receipts or acknowledgment of payment	Shows civil liability was paid or partially paid
Notarized affidavit of forgiveness or no objection	Gives formality and reduces authenticity issues
Medical documents of the PDL	Relevant for illness-based clemency
Community or barangay support documents	Helps show reintegration plan
Proof of residence or sponsor	Useful for supervision and public safety assessment

If the family member is abroad, the affidavit may need notarization in the country where it is signed and, where applicable, an apostille or consular authentication. The DFA Apostille system applies to Philippine public documents for use abroad; foreign documents for use in the Philippines usually need authentication according to the issuing country and Philippine receiving office requirements. DFA materials also note that DFA apostille services generally require online appointment, and special certifications for documents issued by Philippine or foreign embassies are handled at DFA Aseana. (apostille.gov.ph)

5. Submit the letter to the proper office

The usual practical office is the Board of Pardons and Parole under the Department of Justice. If the prisoner is in a BuCor facility, the prison records office or PDL Documents Processing Section may also be involved because it prepares and forwards the carpeta. BuCor’s manual identifies the President as the authority for executive clemency or amnesty, the BPP as the authority in parole cases, and the BuCor Director General as the authority for release upon expiration of sentence. (Bureau of Corrections)

Families may send comments when:

They receive a BPP notice;
The PDL is published as being considered for executive clemency;
They want to proactively support a pending parole or clemency review;
The prisoner’s family or representative requests a support letter;
There is a humanitarian reason, such as serious illness or advanced age.

Keep proof of filing: receiving copy, registry receipt, courier tracking, email acknowledgment, or official reference number.

6. Expect verification and investigation

The BPP may refer parole or executive clemency matters to the DOJ-Parole and Probation Administration for investigation and report. The Uniform Manual states that, when referred, the PPA submits its report and recommendation within 30 days from receipt of referral, covering matters such as character, antecedents, environment, mental and physical condition, community resources, and records verification. (Bureau of Corrections)

This does not mean the whole case is finished in 30 days. Real timelines often depend on missing records, prison congestion, medical certification, court certifications, publication periods, victim-family notice, Board calendaring, DOJ review, and presidential action for clemency.

7. Understand supervision after release

Parole and conditional pardon are not simple freedom. After release, the parolee or conditional pardonee is placed under supervision. The Uniform Manual states that the released PDL must personally report to the DOJ-PPA within 15 days from release, and if there is a violation or infraction report, the BPP may order arrest and recommitment to serve the remaining unserved portion of the maximum sentence. (Bureau of Corrections)

For victim families supporting release, this is important. A good support letter should not only say “we forgive him” but should also explain why release can be safe, structured, and realistic.

Special Issues for Foreigners

Foreign victims, foreign spouses, and Filipino families abroad may submit comments or support documents. The main practical problem is authentication. Documents signed abroad should be notarized or authenticated in a form acceptable in the Philippines. If the document is in a language other than English or Filipino, attach a translation.

If the prisoner is a foreign national, clemency or parole may involve immigration consequences. The BPP process may also require coordination with the Department of Foreign Affairs for alien inmates. The Uniform Manual specifically provides that special matters involving parole or executive clemency may be referred to the DFA if the PDL is an alien. (Bureau of Corrections)(Supreme Court E-Library)

Release from prison does not always mean the foreigner may freely stay in the Philippines. Deportation proceedings are administrative proceedings before the inmates. The Uniform Manual specifically provides that special matters involving parole or executive clemency may be referred to the DFA if the PDL is an alien. citeturn243643view2

Release Bureau of Immigration, and BI rul(Supreme Court E-Library)ion removes a foreigner from Philippine territory when the foreigner’s presence is found injurious to national interest, public health, public safety, or public interest. citeturn341451view0

Common Pitfalls

Signing a forgiveness letter that accidentally waives civil damages

Forgiveness and civil waiver are different. The family can support clemency while still preserving unpaid civil indemnity. If the family truly intends to waive civil liability, it should be stated clearly and signed only by persons legally entitled to do so.

Assuming the victim’s family can “withdraw” a conviction

After conviction, the criminal case is not controlled by the victim’(Lawphil) belongs to the criminal justice system. Article 23 of the Revised Penal Code is the key rule: pardon by the offended party does not generally extinguish criminal action. citeturn828153view0

Asking for parole when the sentence is reclusion perpetua or life(Supreme Court of the Philippines)parole-eligible, especially those serving penalties legally excluded from parole. For these cases, the proper route may be executive clemency, not parole. citeturn371212view2turn819777view1

Ignoring GCTA and sentence computation

Good Conduct Time Allowance can affect when a prisoner should be released. It is not the same as pardon. In *Guinto v. Department o(Supreme Court E-Library)(Supreme Court E-Library)(Supreme Court E-Library)(Lawphil)t waiving unpaid civil liability. Article 36 and Article 113 of the Revised Penal Code make clear that pardon or service of sentence does not automatically remove civil indemnity. citeturn258940view0turn258940view3

Can a prisoner convicted of murder or sentenced to reclusion perpetua get parole?

Usually, parole is not the route for reclusion perpetua or life imprisonment cases. Depending on the exact law and sentence, executive clemency may be the more appropriate remedy. RA 9346 (Supreme Court E-Library)(Bureau of Corrections)(Supreme Court E-Library)s may take months or longer because of record verification, prison documents, medical certifications, publication, Board deliberation, DOJ review, and presidential action. citeturn243643view2

Can the victim’s family still claim compensation as victims of violent crime?

Possibly, depending on timing and eligibility. RA 7309 created a Board of Claims under the DOJ for victims of unjust imprisonment or detention and victims of violent crimes. For violent crimes, the law includes offenses committed with malice resulting in death, serious physical or psychological injuries, permsability, insanity, abortion, serious trauma, torture, cruelty, or barbarity. Heirs may file in the order provided by law if the entitled person died or is incapacitated. citeturn243643view4

Key Takeaways

The victim’s family may support, oppose, or comment on parole or executive clemency, but cannot directly order release.
A forgiveness letter is helpful, but it does not erase the conviction or automatically free the prisoner.
Parole is handled by the Board of Pardons and Parole and depends on eligibility, sentence served, prison record, and public safety.
Executive clemency is a presidential power under Article VII, Section 19 of the 1987 Constitution.
The BPP rules give the offended party or immediate relatives 30 days to comment in executive clemency cases.
Civil liability is separate. Pardon, commutation, or service of sentence does not automatically remove civil indemnity.
For reclusion perpetua or life imprisonment cases, clemency is often more relevant than parole.
Families abroad may submit documents, but notarization, apostille, authentication, and translation isues should be handled carefully.
A strong support letter should explain not only forgiveness, but also rehabilitation, safety, civil liability status, and the prisoner’s plan after release.