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SEC. 17. Interview of Prisoners - Any Board member or government official authorized by the Board may interview prisoners confined in prison or jail to determine whether or not they may be released on parole or recommended for executive clemency.
The Board or its authorized representatives shall interview an inmate who was sentenced to Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death to Reclusion Perpetua.
Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under Republic Act No. 7659 and other special laws to undergo psychological/psychiatric examination if the prisoner has a history of mental instability, or in any case, if the Board finds a need for such examination in the light of the nature of the offense committed or manner of its commission.
SEC. 18. Publication of those Eligible for Executiv Clemency/Parole - The Board shall cause the publication in a newspaper of general circulation the names of prisoners convicted of heinous crimes or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who may be considered for release on parole or for recommendation for absolute or conditional pardon.
SEC. 19. Objections to Petitions - When an objection is filed, the Board may consider the same by requesting the person objecting to attach thereto evidence in support thereof. In no case, however, shall an objection disqualify from executive clemency/parole the prisoner against whom the objection is filed.
SEC. 20. Documents to be Considered - The carpeta and prison record of the prisoner and other relevant documents, such as the mittimus or commitment order, prosecutor's information and trial/appellate court's decision of the case of the prisoner shall be considered by the Board in deciding whether or not to recommend executive clemency or to grant parole.
In case the prisoner has one or more co-accused who had been convicted, the Board shall consider at the same time the prison records and carpetas of said co-accused.
SEC. 21. Factors to be Considered in Petition for Conditional Pardon, Commutation of Sentence or Parole - The following factors may be considered by the Board in the grant of conditional pardon, commutation of sentence or parole:
- the age of the petitioner, the gravity of the offense and the manner in which it was committed, and the institutional behavior or conduct and previous criminal record, if any;
- evidence that petitioner will be legitimately employed upon release; c. a showing that the petitioner has a place where he will reside;
- availability of after-care services for the petitioner who is old, seriously ill or suffering from a physical disability;
- attitude towards the offense and the degree of remorse; and,
- the risk to other persons, including the victim, his witnesses, his family and friends, or the community in general, the possibility of retaliation by the victim, his family and friends.
SEC. 22. Special Factors - The Board may give special consideration to the recommendation for commutation of sentence or conditional pardon whenever any of the following circumstances are present:
- youthful offenders;
- prisoners who are sixty (60) years old and above;
- physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or similar disabilities;
- serious illness and other life-threatening disease as certified by a government physician;
- those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the decision;
- alien prisoners where diplomatic considerations and amity between nations necessitate review;
- circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the life of the prisoner or his co-inmates; and,
- such other similar or analogous circumstances whenever the interest of justice will be served thereby.
SEC. 23. Meetings - The Board shall meet in executive session regularly or upon the call of the Chairman.
SEC. 24. Quorum - A majority of all the members of the Board shall constitute a quorum.
SEC. 25. Board Action - A majority of the members of the Board, constituting a quorum, shall be necessary to recommend the grant of executive clemency or to grant parole; to modify any of the terms and conditions appearing in a Release Document; to order the arrest and recommitment of a parolee/pardonee; and to issue certificate of Final Release and Discharge to a parolee/pardonee.
The minutes of the meeting of the Board shall show the votes of its individual members and the reason or reasons for voting against any matter presented for the approval of the Board. Any dissent from the majority opinion to grant or deny parole shall be reduced in writing and shall form part of the records of the proceedings.
SEC. 26. Executive Clemency/Parole of An Alien - The Board may recommend the grant of executive clemency or grant parole to a prisoner who is an alien. In such a case, the alien who is released on parole or pardon shall be referred to the Bureau of Immigration for disposition, documentation and appropriate action.
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