NCMF PARALEGAL TRAINING (MODULE 11)

NCMF Paralegal Training Program

Day 2

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MODULE 11

Legal Access and Remedies

Legal Redress and Remedies

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Government Offices Providing Legal Redress and Remedies

A. Public Attorney’s Office (PAO)

B. Office of the Deputy Ombudsman for Military and other Law Enforcement Officers (OMB-MOLEO)

C. Commission on Human Rights (CHR)

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Public Attorney’s Office

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A. The PUBLIC ATTORNEY’S OFFICE and its role in Human Rights Protection

• A government agency for the advancement and protection of legal rights of the less privileged sector as shown in the Philippine Constitution.

• Response to the public clamor for more accessible legal services (civil, criminal, administrative and labor cases) – Citizen’s Legal Assistance Office (C.L.A.O.) was created under P.D. No. I implementing Order No. 4 dated October 23, 1972. CLAO is the immediate forebear of the Public Attorney’s Office.

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It was renamed by Administrative Code of 1987 (Executive Order No. 292) on July 25, 1987 to PAO from CLAO

R.A. 9406 (An Act Reorganizing and Strengthening the Public Attorney’s Office) granting special allowance to PAO Officials and Lawyers was signed into law by Excellency President Gloria Macapagal-Arroyo on March 23, 2007. Its IRR was signed on July 14, 2008.

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Mandate, Powers and Functions

The PAO shall be the principal law office of the Government (attached to DOJ) in extending FREE LEGAL SERVICES to INDIGENT PERSONS in:

a. Criminalb. Civilc. Labor d. Administrativee. other Quasi-Judicial cases.

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Legal Assistance PAO extends to:

1. Legal Counseling/Opinion2. Legal Representation3. Preparation of pleadings, brief, affidavits, forms and other legal documents4. Inquest Activities5. Conciliation and Mediation6. Barangay outreach program7. Notarial works/administrative oaths8. Jail visitation and medical mission9. Other immediate services

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Generally guided by the principle of independence and autonomy in the fulfillment of its mandate, PAO is strictly observing the policy:

i. Merit & Indigency Testii. Court Residency ruleiii. Cases not to be handled (e.g. BP 22 cases etc.)iv. PAO Lawyers not to handle or be

custodians of cash for clients

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Will the legal services of the PAO assist or be in aid of or in the furtherance of justice, taking into consideration the law, the evidence on hand, and the interests of the parties and those of society?

If so, the case is meritorious.

Cases of defendants in criminal actions are considered meritorious.

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Merit Test

When is a case deemed unmeritorious?

• If it appears that the case has no chance of success;

• If the case is intended merely to harass or injure the opposing party;

• If the case is intended to work oppression or wrong.

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Merit Test

Determination of indigency: Based on net income (i.e., income less statutory deductions):

• If residing in Metro Manila: Not exceeding P14,000/month;

• If residing in other cities: Not exceeding P13,000/month• If residing in other places: Not exceeding

P12,000/month

Ownership of land does not automatically disqualify an applicant for free legal assistance. (Enaje vs. Victorio Ramos, et al., 31 SCRA 141, January 30, 1970)

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Indigency Test

The following cases may be provisionally accepted pending verification of the applicant’s indigency and an evaluation of the merit of the case:

1. When a warrant of arrest has been issued and assistance is needed to secure the applicant’s provisional liberty;

2. When a person is arrested/detained and appropriate immediate legal action is necessary to protect his/her rights;

3. When a pleading has to be filed immediately to avoid adverse effects to the applicant;

4. When an appeal or petition for certiorari or prohibition has to be perfected or filed immediately;

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Cases which may be provisionally accepted

5. When the PAO lawyer is appointed by the court as counsel de oficio (without prejudice to withdrawal of appearance if the applicant turns out not to be an indigent);

6. When the PAO lawyer is designated on the spot as counsel de oficio for purposes of arraignment, pre-trial, or promulgation of decision;

7. In VAWC cases (except where there is conflict of interest);

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8. In cases involving children in conflict with the law, where there is an immediate need of counsel;

9. In cases involving credit card holders considered as “delinquent” by the credit card company and immediate action is necessary;

10. In cases requiring provisional assistance pursuant to its mandate under the Administrative Code;

11. Other similar urgent cases.

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Applicants must submit the following documents:

• Affidavit of Indigency;• Latest income tax return or pay slip or other

proof of income;• Certificate of indigency from the DSWD

having jurisdiction over the residence of the applicant;

• Certificate of indigency from the Punong Barangay having jurisdiction over the residence of the applicant.

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How to Apply for Free Legal Assistance

OMB-MOLEO

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Office of the Ombudsman

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The OMBUDSMAN AND HIS DEPUTIES, AS PROTECTORS of the people shall act on all complaints filed in any form or manner against officers or employees of the government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. (Section 12, Article XI of the Philippine Constitution; Section 13, RA 6770)

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• The Office of the Deputy Ombudsman for the Armed Forces of the Philippines was created under Republic Act No. 6770 (The Ombudsman Act of 1989) pursuant to Section 5, Article XI of the 1987 Constitution;

• It formally began its operations on July 27, 1990;

• On 10 October 1995, Memorandum Circular No. 14 expanded the jurisdiction of the Office to include the Philippine National Police (PNP), Bureau of Fire Protection (BFP), and Bureau of Jail Management and Penology (BJMP;

• Memorandum Circular No. 2 dated October 29, 2003 further expanded the jurisdiction of the Office and renamed it as Office of Deputy Ombudsman for the Military and Other Law Enforcement Offices (MOLEO);

Office of Deputy Ombudsman for the Military and Other Law Enforcement Officers (MOLEO)

(1) Investigation(2) Prosecution(3) Administrative adjudication(4) Public assistance(5) Graft prevention

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5 Major Functions of the OMB-MOLEO:

(1) Criminal Investigation, Prosecution and Administrative Adjudication Bureau

(CIPAAB) Takes cognizance of criminal and

administrative cases (to determine the existence of probable cause and substantial evidence/dismiss the cases) filed against members and officers of:

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Bureaus of the OMB-MOLEO

a. Philippine National Police (PNP)b. Armed Forces of the Philippines(AFP)c. Bureau of Jail Management & Penology (BJMP) d. Bureau of Fire Protection (BFP)e. Bureau of Corrections (BOC)f. Philippine Coast Guard (PCG)g. Metro Manila Development Authority (MMDA)

(Expanded by Memo Circular No. 2 from its originally limited coverage under Memorandum Circular No. 14)

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If probable cause exists, the CIPAAB files the criminal case before the Sandiganbayan or regular courts, as the case may be.

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The Prosecution and Monitoring Group (PMG) under the CIPAAB monitors the execution of imposed administrative penalties by the government agencies concern.

If the substantial evidence warrants, the erring public officer or employee may be:i) Administratively admonishedii) Finediii) Reprimandediv) Suspended or dismissed from service

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(2) Fact-Finding Investigation Bureau (FFIB) Performs the investigation, evidence-gathering,

case build-up, and conducts lifestyle checks against any public official or employee within MOLEO’s jurisdiction.

Holds an important position in securing the filing of charges for complaints worthy of preliminary investigation and/or administrative adjudication with the CIPAAB and eventually formal charges in court.

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(3) Public Assistance and Community Coordination Bureau (PACCB) Acts as the frontline army of MOLEO; Assists clients coming in and/or calling for

queries, counseling and legal advices, with the addition of mailed letters for appropriate action.

Also conducts mediation proceedings between opposing parties.

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How to request for assistance• Proceed to OMB-MOLEO Public Assistance and

Community Coordination Bureau.• Fill out the Request for Assistance (RAS) Form. • Submit the RAS form to the officer of the day.• The officer of the day shall interview you and inform

you of the procedure.

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How to file a complaintIf the complaint is already UNDER OATH (i.e., the complaint-affidavit has already been notarized):

• Proceed to OMB-MOLEO Records Section Receiving Window;

• Submit the following documents:• Complaint-affidavit & Attachments x No. of

respondents + 4 copies• Sworn certificate of non-forum shopping

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How to file a complaintIf the complaint is already NOT UNDER OATH (i.e., the complaint-affidavit has not yet been notarized):

• Proceed to OMB-MOLEO Public Assistance and Community Coordination Bureau;

• Present 2 valid IDs to the officer-in-charge;• You will be referred to an Ombudsman lawyer for

verification under oath.

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Commission on Human Rights

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Commission on Human Rights (CHR)

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• Independent national human rights institution created under the 1987 Constitution of the Philippines.

• Legal basis: 1987 Constitution of the

Philippines (Art. XIII, Sections 17 – 19) Executive Order No. 163, series

of 1987 International Human Rights

Instruments

Scope of jurisdiction

• It shall take cognizance of and investigate, on its own or on complaint by any party, all forms of human rights violations and abuses involving civil and political rights, to include but not limited to the following:

Right to Life Right to Liberty Right to Security Right to respect for one’s dignity

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Freedom from slavery and involuntary servitude

Freedom from torture, cruel, inhuman or degrading treatment and punishment

Right to protection from enforced disappearance

Freedom from arbitrary interference with one’s privacy, family, home or correspondence

Freedom from arbitrary arrest, detention or exile

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Freedom of movement and residence

Freedom of thought, conscience and religion

Freedom of the press, speech, opinion and expression

Freedom from discrimination Right to marry and to found a

family Right to own property

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It shall also investigate and monitor all economic, social and cultural rights violations and abuses, as well as threats of violation thereof, especially with respect to the conditions of those who are marginalized, disadvantaged, and vulnerable.


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Investigating and Monitoring Powers

To investigate all forms of human rights violations and abuses involving civil and political rights;

To investigate and monitor economic, social and cultural rights violations/conditions particularly those who are marginalized, disadvantaged and vulnerable;

To conduct fact-finding missions, visits and/or inspections of site of incidents of human rights violations;

To undertake quick response operations;

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To monitor situation of persons deprived of liberties (PDL), as well as conditions of correctional/rehabilitations facilities, holding areas/locked-up cells;

To monitor the trainings conducted for military and law enforcement institutions, including those conducted by private security agencies;

To conduct preliminary conferences/ dialogues/public inquiries, forums re: cases or incidents involving HRV, or HR issues which are of national, regional and/or international importance;

To issue invitations, subpoenas, orders, or other processes

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Investigating and Monitoring Powers To grant immunity from prosecution to any person

whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by the Commission or under its authority;

To cite any person in contempt for violation of the CHR guidelines and procedures, in accordance with the Rules of Court;

To provide appropriate legal measures for the protection of the HR of all persons;

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Investigating and Monitoring Powers To provide preventive measures and free legal aid

services to persons whose human rights have been violated and/or threatened with violations;

To provide witness protection and other assistance to victims of HRV and their families;

To issue such orders as may be proper and necessary at any stage of the investigation or inquiry proceedings;

To administer oaths or affirmations in relation to CHR matters;

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To monitor Government actions in relation to compliance of State obligations and in relation to promotion and protection of human rights;

To endorse its findings and recommendations to competent and relevant Government agencies or bodies and other stakeholders, for appropriate prompt actions;

To request assistance of any department, bureau, office or agency of the Government;

To issue human rights advisories, primarily addressed to the Philippine government in relation to State obligations on HR;

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To deputize and/or accredit lawyers, legal aid groups, medical organizations, as well as government agencies and NGOs, consistent with existing laws;

To consider mediation mechanism as a course of action in addressing certain HR cases and/or incidents involving economic, social and cultural rights violations;

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Where to report complaints or seek assistance

1. CHR Central Office: - Office of the Chairperson- Office of the Commissioners- Legal and Investigation Office- Assistance and Visitorial Office

2. CHR Regional Office or Sub-Office covering the area where the violation was committed or is being committed

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CHR Regional Offices and Sub-OfficesC

Region I : San Fernando City, La UnionRegion II : Tuguegarao City, CagayanRegion III : San Fernando City, PampangaRegion IV : San Pablo City, Laguna (with Desk Office at Calapan City, Mindoro Oriental)

Region V : Legaspi City, Albay (with Sub-Office in Naga City)

Region VI : Iloilo City (with Sub-Office in Bacolod City)Region VII : Cebu City (with Desk Office at Dumaguete City and Tagbilaran City, respectively)

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CHR Regional Offices and Sub-Offices

Region VIII : Tacloban City (with Sub-Office at Calbayog City)

Region IX : Zamboanga City (with Sub-Office at Pagadian City)

Region X : Cagayan de Oro City (with Sub-Office at Iligan City)

Region XI : Davao City Region XII : Cotabato City (with Sub-Office at

Koronadal City)

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CHR Regional Offices and Sub-Offices

NCR : Quezon CityCARAGA : Butuan CityCAR : Baguio City

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MODULE 11-A

Role of the DILG

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The Department of Interior and Local Government (DILG)

To promote peace and order, ensure public safety, and further strengthen local government capability aimed towards the effective delivery of basic services to its citizenry.

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Mandate of the DILG

GROUNDS FOR DISCIPLINARY ACTIONS

(1) Disloyalty to the Republic of the Philippines;

(2) Culpable violation of the Constitution;

(3) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

(4) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor (6 yrs & 1 day to 12 yrs imprisonment)

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(5) Abuse of Authority;

(6) Unauthorized absence:

Local chief executives: 15 consecutive working days,

Sanggunian members: 4 consecutive sessions

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(7) Application for, or acquisition of, foreign citizenship or residence or the status of immigrant of another country; and

(8) Such other grounds as may be provided by the Code; R.A. 6713; R.A. 3019; Administrative Code of 1987; the Revised Penal Code and all other applicable general and special laws.

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WHERE TO FILE ADMINISTRATIVE COMPLAINTS

• For officials of a province, highly urbanized city, component city, municipality within Metro Manila, or an independent component city: Office of the President. (Appealable)

• For municipal officials: Sangguniang Panlalawigan. (Appealable)

• For barangay officials: Sangguniang Bayan or Panlungsod. (Final and executory)

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PREVENTIVE SUSPENSION

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Who can impose preventive suspension? For officials of a province, highly

urbanized city, independent component city: President

For municipal officials or officials of component cities: Governor

For barangay officials: Mayor

PREVENTIVE SUSPENSIONPreventive suspension may be imposed:

1) At any time after the issues are joined;2) When the evidence of guilt is strong;3) When there is great probability that the continuance in

office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and evidence.

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PREVENTIVE SUSPENSION• Any single preventive suspension of local elective

official shall not extend beyond 60 days.

• In the event that several administrative cases are filed against an elective local official, he cannot be placed under preventive suspension for more than 90 days within a single year on the same ground/s existing and known at the time of the first suspension.

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PREVENTIVE SUSPENSIONUpon expiration of the preventive suspension, thesuspended elective official shall be deemed

reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated

within 120 days from the time he was formally

notified of the case against him.

However, if the delay in the proceedings of thecase is due to his fault, neglect, or request, otherthan the appeal duly filed, the duration of suchdelay shall not be counted in computing the timeof termination of the case. 57

PREVENTIVE SUSPENSION• The respondent official preventively suspended from

office shall receive no salary or compensation during such suspension.

• Upon subsequent exoneration and reinstatement, he shall be paid full salary or compensation including such emoluments accruing such suspension.

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Rights of Respondent

• To appear and defend himself in person or by counsel;• To confront and cross-examine the witnesses against

him;• To require the attendance of witnesses in the production

of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.

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Administrative AppealsDecisions in administrative cases may be appealed within 30 days from receipt to the following:

(a) In case of decisions of the sangguniang panlungsod of component cities or the sangguniang bayan:

The sangguniang panlalawigan.

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Administrative Appeals(b) In the case of decisions of the sangguniang

panlalawigan or the sangguniang panlungsod of highly urbanized cities and independent component cities:

The Office of the President.

Decisions of the Office of the President shall be final and executory.

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Execution Pending Appeal• An appeal shall not prevent a decision from becoming

final or executory.

• The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal in the event he wins such appeal.

• In the event the appeal results in an exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.

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MODULE 11-B

Katarungang Pambarangay

Barangay Justice System or Katarungang Pambarangay

• Legal Basis: • Presidential Decree No. 1508 (1978)• Batas Pambansa Blg. 337 (Local Government

Code of 1983)• Republic Act No. 7160 (Local Government Code

of 1991), Sec. 399-422.

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Objectives

• To promote the speedy administration of justice;• To minimize the indiscriminate filing of cases in courts;• To minimize the congestion of court dockets and

thereby enhance the quality of justice dispensed by the courts;

• To perpetuate and recognize the time-honored tradition of amicably settling disputes at the community level.

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• The Barangay Justice System provides a friendly, inexpensive, and speedy forum for the settlement of disputes where the parties can freely explore options for amicably resolving their disputes without resorting to the courts.

• In some areas where the courts are inaccessible, the Barangay Justice System may be the only venue where the poor can resolve their disputes.

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• Community-based;• Administered by community members;• Uses traditional practices in dispute resolution;• Prohibits the participation of lawyers.

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Cases that are subject to Katarungang Pambarangay

• All disputes, civil and criminal in nature, where the parties actually reside in the same city or municipality are subject to amicable settlement under Katarungang Pambarangay.

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Cases that are exempt from Katarungang Pambarangay

• Cases involving corporations or juridical persons;• Cases involving the government or a government

entity;• Cases involving a public officer and the dispute relates

to the performance of official functions; • Offenses punishable by imprisonment exceeding 1

year or a fine of P5,000.00;• Offenses where there is no private offended party;

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Cases that are exempt from Katarungang Pambarangay

• Disputes involving real properties in different cities or municipalities —

• Except: If the parties agree to submit the dispute to amicable settlement.

• Disputes involving parties who reside in barangays of different cities or municipalities —

• Except: If the barangay units adjoin each other and the parties agree to submit the dispute to amicable settlement.

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Lupong Tagapamayapa

• Body organized in every barangay consisting of:• Punong Barangay - Chairperson of the Lupon• 10-20 members of the barangay possessing the

necessary qualifications.

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Qualifications for membership in the Lupong Tagapamayapa

• Actual resident or working in the barangay;• Of legal age;• Possesses the following qualities:

• Integrity;• Impartiality;• Independence;• Fairness;• Reputation for probity, patience,

resourcefulness, open-mindedness, and flexibility.

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Who are disqualified from membership in the Lupon?

• Below 18 years old;• Incompetent;• Convicted of a crime that includes a penalty of

disqualification from holding public office;• Elected government official;• Member of AFP who is in active service.

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Pangkat Tagapagkasundo

• Conciliation panel constituted from the Lupon Membership when the Punong Barangay fails in his efforts to mediate a dispute;

• The Pangkat consists of 3 members of the Lupon.

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Modes of dispute settlement

• Mediation• Conciliation• Arbitration

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Mediation

• Process wherein the chairperson of the Lupong Tagapamayapa or Punong Barangay assists the disputing parties to reach a settlement by consensus that jointly satisfies their needs.

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Conciliation

• Process wherein the Pangkat Tagapagkasundo foregoes the power to decide or recommend but assists the parties to isolate issues and options to reach a settlement by consensus that jointly satisfied their needs.

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Arbitration

• Process where the parties to the dispute choose a third party from outside the judicial system to hear and decide their dispute.

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SCHEMATIC FLOW OF ADMINISTRATION OFKATARUNGANG PAMBARANGAY

Complaint

Oral

Writing

Execution Issue Certificate

to file action

No Settlement Arbitration AwardSettlement

Mediation

Brgy. Captain

Settlement No Settlement

Execution Petition to nullify award

Repudiation ExecutionConstitute

refer to Pangkat

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MODULE 11-C

Probation and Parole

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What is Probation?By probation, a person who is convicted of a criminal offenseis not sent to prison by the sentencing court. Instead, he/sheis released and place under the supervision of a probationofficer subject to the conditions which the court may impose.

Is Probation a right?No, it is mere privilege.

Probation

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Who cannot be granted Probation?

Those who are:

• Sentenced to serve a maximum prison term of more than 6 years;

• Convicted of any crime against the national security or the public order;

• Previously convicted of an offense which is punished by imprisonment of more than 30 days and/or a fine of Php 200.00 or more;

• Who have once been placed on probation under this law;

• Already serving sentence;

Probation

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Who cannot be granted Probation?

Those who are:

• Sentenced to a probationable penalty but who appealed the same;

• Convicted of an offense against the Omnibus Election Code;

• Convicted of an offense against the Wage Rationalization Act;

• Convicted of illicit trafficking or pushing of drugs under the Dangerous Drugs Act.

Probation

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Will Probation be automatically granted to onewhose sentence is six (6) years or less?

No, the application may be denied by the court if:

• After determination, he/she is in need of rehabilitation which could be provided by prison/jail;

• There is a risk that the offender will likely commit another crime; and

• Probation will depreciate the seriousness of the crime committed.

Probation

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Where shall an application for Probation be filed?

The application shall be filed with the court that tried and sentenced the offender.

When should an application for Probation be filed?Anytime before the offender starts serving his sentencebut within fifteen (15) days from the promulgation ornotice of the judgment of conviction.

Probation

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May an offender be released from confinement whilehis application for Probation is pending?

Yes, the applicant may be released under the bail he postedin the criminal case, or under recognizance.

How many times can one be granted Probation?Only once.

How long is the period of Probation?Not more than two (2) years if the sentence of the offenderis one (1) year or less; and not more than six (6) years if thesentence is more than one (1) year.

Probation

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Parole / Executive Clemency

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Pursuant to Act No. 4103, otherwise known as “The IndeterminateSentence Law,” as amended

Purpose of the Law

To uplift and redeem valuable human material to economic usefulness; and

PAROLE

To prevent unnecessary and excessive deprivation of personalhistory.

Under Section 5 of said Act, it is the duty of the Board of Pardonsand Parole to look into the physical, mental and moral recordof prisoners who are eligible for parole and to determine the proper time of release of such prisoners on parole.

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Eligibility for Review of a Parole CaseAn inmate may be eligible for review by the Board provided that the inmate:

• is serving an indeterminate sentence the maximum period of which exceeds 1 year;

• has served the minimum period of the indeterminate sentence;

PAROLE

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Eligibility for Review of a Parole Case

• The inmate’s conviction is final and executory;

• The inmate has no pending criminal case; and

• The inmate is serving sentence in the national penitentiary, unless the confinement of said inmate in a local and provincial jail is justified.

PAROLE

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Disqualifications for Parole

Convicted of treason, conspiracy or proposal to commit treasonor espionage;

Convicted of misprision of treason, rebellion, sedition orcoup d ‘etat;

Convicted of piracy or mutiny on the high seas or Philippine waters;

Punished with death penalty or life imprisonment;

PAROLE

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who escaped from confinement or evaded sentence;

granted conditional pardon by the President of the Philippinesshall have violated any of the terms thereof;

who are habitual delinquents;

PAROLE

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convicted of offenses punished with reclusion perpetua, or whosesentences were reduced to reclusion perpetua by reason of Republic Act No. 9346 amending Republic Act No.7659; and

convicted for violation of the laws on terrorism, plunder andtransnational crimes.

whose maximum term of imprisonment does not exceed one (1)year or those with definite sentence;

PAROLE

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Factors to be Considered in Review of Parole Cases

Previous criminal record and the risk to other persons;

Gravity of the offense and the manner in which it was committed,and prisoner’s attitude towards the offense and degree of remorse;

Degree of prisoner’s institutional rehabilitation and his behavioror conduct;

PAROLE

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Factors to be Considered in Review of Parole Cases

Age of the prisoner and the availability of after-care servicesfor the prisoner who is old, seriously ill or suffering from a Physical disability.

Evidence that the prisoner will be legitimately employed uponrelease, or has a place where he will reside; and

PAROLE

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Grant of Parole

Reasonable probability that, if released, he will live andremain at liberty without violating the law; and

Fitted by his training for release

If it finds the following circumstances are present:

Will not be incompatible with the welfare of society.

PAROLE

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What is Commutation of Sentence?It is the reduction of the period of prison sentence. A substitutionof a less penalty for the one originally imposed.

EXECUTIVE CLEMENCY

What is Pardon?

It is an act of mercy or grace by the President granted to a convictedlawbreaker which reaches both the punishment for the offense andthe guilt of the offender.

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What are the kinds of Pardon?Absolute pardon – total extinction

EXECUTIVE CLEMENCY

What is a Presidential Reprieve?

Withholding of the execution of a sentence for an interval of time.

Conditional Pardon – partial extinction

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Basis of the power of the Chief ExecutiveSection 19, Article VII of the Philippine Constitution

EXECUTIVE CLEMENCY

Basis of the Board of Pardons and Parole power inrecommending to the President the grant of Executive Clemency

Executive Order No. 83, dated January 11, 1937

“Except in case of impeachment or otherwise required providedtherein, the President may grant reprieves, commutations,and pardons and remit fines and forfeitures, after convictionby final judgment.”

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Qualifications for Commutation of SentenceServed at least one-third (1/3) of the definite or aggregateprison term

EXECUTIVE CLEMENCY

Served at least one-half (1/2) of the maximum of the originalIndeterminate and/or definite prison term

Served at least one-half of the minimum of the indeterminateprison term or aggregated of the minimum of the indeterminate prison term

Qualifications for Conditional Pardon

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Qualifications for Absolute PardonServed his/her maximum sentence

EXECUTIVE CLEMENCY

Granted final release and discharge

Granted court termination of probation

NCMF PARALEGAL TRAINING (MODULE 11)

Law

Transcript of NCMF PARALEGAL TRAINING (MODULE 11)