Possibility of Parole or Pardon for Violation of Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002)

Question:

Is there a possibility that a person can apply or petition for parole or pardon if they are in prison for violating Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002)?

Answer:

Understanding RA 9165:

Severity: Republic Act 9165 imposes severe penalties for drug-related offenses. Conviction may include life imprisonment, depending on the nature and extent of the offense.
Non-Parole: The Act explicitly states that if a person is convicted and sentenced to life imprisonment, they shall not be eligible for parole.

Parole:

Ineligibility: Given the stringent nature of RA 9165, parole is generally not available for those serving life sentences for violations of this Act.
Other Sentences: If the sentence is less than life imprisonment, parole could be considered, but this depends on various factors like good behavior, completion of a portion of the sentence, and others.

Executive Clemency:

Presidential Pardon: The President has the discretionary power to grant pardons. However, these are very rare and typically depend on many variables like public sentiment, severity of the crime, and more.
Requirements: Even if the President is considering a pardon, the usual route involves various levels of reviews and recommendations, including from the Board of Pardons and Parole.
Conditional Pardon: In extraordinary cases, a conditional pardon might be given, but it comes with its set of rules and obligations that the convict must adhere to.

Conclusion:

While parole is generally not an option for those convicted under Republic Act 9165 and sentenced to life imprisonment, the possibility of a presidential pardon exists, though it is rare and discretionary. For those serving sentences less than life imprisonment, parole could be considered based on several factors.

Disclaimer:

This article is intended for informational purposes only and should not be construed as legal advice. Consultation with a qualified attorney is recommended for personalized legal guidance.