| | | |
| |
| |
 | |
|
|
|
|
|
SEC. 3. National Prisoner Confined in a Local Jail - The Board may not consider the release on pardon/parole of a national prisoner who is serving sentence in a municipal, city, district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoner's control.
A national prisoner, for purposes of these Rules, is one who is sentenced to a maximum term of imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or regardless of the length of sentence imposed by the Court, to one sentenced for violation of the customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period of three (3) years.
SEC. 4. Scope of Authority - The Board may consider the case of a prisoner for executive clemency or parole only after his case has become final and executory. It will not take action on the petition of a prisoner who has a pending criminal case in court or when his case is on appeal.
In case the prisoner has one or more co-accused who had been convicted, the Director/Warden concerned shall forward their prison records and carpetas at the same time.
|
|
II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE
|
|
SEC. 5. Filing of Petition - A formal petition for executive clemency addressed as follows shall be submitted to the Board before the question of said clemency will be considered:
|
|
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
|
|
Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of sentence or conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.
|
|
SEC. 6. Contents of Petition - A petition for parole/executive clemency shall state the name of the prisoner, his age, previous criminal record, if any, whether a Filipino citizen or an alien and, if a naturalized Filipino, his former nationality and date of naturalization, his previous occupation, place of residence, present crime for which he was convicted, the trial/appellate court, his penalty of imprisonment, fine, indemnity and the commencing date thereof, the jail or prison to which he was committed and/or where he is presently confined, the date he was received for confinement, the grounds upon which executive clemency is being asked and certification from the trial court that his case is not on appeal.
In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and shall include the date the petitioner was released from prison after service of sentence or released on parole/pardon or terminated from probation.
|
|
SEC. 7. Supporting Documents of Petition for Absolute Pardon - The petition for absolute pardon shall be accompanied by -
- the affidavits of at least two (2) responsible members of the community where the petitioner resides. The affidavits shall, among others, state that the petitioner has conducted himself in a moral and law-abiding manner since his release from prison and shall indicate the petitioner's occupation and his social activities including religious involvement;
- the clearances from the National Bureau of Investigation, the Philippine National Police, the Prosecutor's Office, the Municipal Circuit Trial Court, the Municipal Trial Court, the Municipal Trial Court in Cities, the Metropolitan Trial Court and the Regional Trial Court where petitioner resides;
- proof of payment of indemnity and/or fine, or in lieu thereof, certification from the City/Municipal Treasurer or Probation and Parole Officer on his financial condition; and,
- proof of service of sentence or certificate of Final Release and Discharge or court's Termination Order of probation.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
