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SEC. 8. Referral of Petition for Absolute Pardon to a Probation and Parole Officer - Upon receipt of a petition for absolute pardon, the Board shall refer the petition to a Probation and Parole Officer who shall conduct an investigation on the conduct and activities, as well as the social and economic conditions, of the petitioner prior to his conviction and since his release from prison and submit a report thereof within fifteen (15) days from receipt of the referral.
SEC. 9. Referral of Petition for Executive Clemency/Parole to Other Government Agencies - A petition for executive clemency shall be referred by the Board to the Secretary of National Defense for comment and recommendation if the crime committed by the petitioner is against national security or public order or law of nations. In case of violation of election laws, rules and regulations, a petition for executive clemency/parole shall be referred to the Commission on Elections for favorable recommendation, provided, however, that regardless of the crime committed, a petition for executive clemency/parole may be referred for a pre-parole/executive clemency investigation to a Probation and Parole Officer who shall submit a report on the behaviour, character antecedents, mental and physical condition of the petitioner within thirty (30) days from receipt of referral, to include the results of the National Bureau of Investigation records check
In case of an alien, the petition shall be referred to the Department of Foreign Affairs for comment and recommendation.
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III. EXECUTIVE CLEMENCY
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SEC. 10. Review of Cases for Executive Clemency - Petitions for executive clemency may be reviewed if the prisoners meet the following minimum requirements :
- For Commutation of Sentence -
- the prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
- at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes or offenses committed before January 1, 1994.
- at least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
- at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and other special laws committed on or after January 1, 1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment
- at least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment;
- For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at least one-half (1/2) of the maximum of his original indeterminate sentence before his case may be reviewed for conditional pardon.
- For Absolute Pardon, after he has 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) needs medical treatment abroad which is not available locally; (3) will take any government examination; or (4) is emigrating.
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SEC. 11. Prisoners not Eligible for Executive Clemency - Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a period of one (1) year from the date of their last recommitment to prison or conviction for evasion of service of sentence.
SEC. 12. Transmittal of Carpeta and Prison Record - In executive clemency/parole cases, the Director or Warden concerned shall forward the prison record and carpeta of a petitioner at least one (1) month prior to the eligibility for review as specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the Administration on or before the fifth day of every month, a list of prisoners whose minimum sentences will expire within ninety (90) days and those who may be considered for executive clemency.
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IV. PAROLE
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SEC. 13. Review of Cases for Parole - Unless otherwise disqualified under Section l5 of these Rules, a case for parole of a prisoner shall be reviewed upon a showing that he is confined in prison or jail to serve an indeterminate sentence, the maximum period of which exceeds one (1) year, pursuant to a final judgment of conviction and that he has served the minimum period of said sentence.
SEC. 14. Grant of Parole - A prisoner may be granted parole whenever the Board finds that there is a reasonable probability that if released, he will be law-abiding and that his release will not be incompatible with the interest and welfare of society.
SEC. 15. Disqualification for Parole - The following prisoners shall not be granted parole:
- Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
- Those convicted of treason, conspiracy or proposal to commit treason or espionage;
- Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
- Those convicted of piracy or mutiny on the high seas or Philippine waters;
- Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
- Those who escaped from confinement or evaded sentence;
- Those who were granted Conditional Pardon and violated any of the terms thereof;
- Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
- Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
- Those whose conviction is on appeal;
- Those who have pending criminal case/s.
SEC. 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness Compromised - If, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a clear and convincing evidence that his release on parole will endanger his own life and those of his relatives or the life, safety and well-being of the victim, his relatives, his witnesses and the community, the release of the prisoner shall be deferred until the danger ceases.
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