DOJ eases rules for pardon, executive clemency in time of COVID-19 pandemic
MANILA, Philippines — The Department of Justice is easing application for parole and executive clemency to hasten decongestion of penal facilities in this time of COVID-19 pandemic.
Justice Secretary Menardo Guevarra approved a board resolution on the Interim Rules on Parole and Executive Clemency which is part of DOJ’s “study for the release of prisoners on humanitarian considerations,” said Justice Undersecretary Markk Perete.
The Parole and Probation Administration defined parole as conditional release of a prisoner in correctional institution after serving the minimum period of prison sentence, while an executive clemency is the commutation of sentence, conditional pardon and absolute pardon that may be granted by the president.
Under the interim rules, parole or executive clemency review of inmates who are elderly, sickly or suffering with terminal, life-threatening illnesses or with serious disability will be prioritized.
Documentary requirements for parole review and executive clemency cases are trimmed down to only include court certification of no pending case, court certification of no appeal and records check with the National Bureau of Investigation.
Board members are also directed to “take up twice the amount of their regular load in order to expedite the grant of parole and recommendation for executive clemency.”
Requirements for parole eligibility remain
Perete explained that “general requirements for eligibility of parole remain.”
Under DOJ rules, the following are eligible for parole:
- Inmate serving an indeterminate sentence the maximum period of which exceeds one year
- Inmate has served the minimum period of the indeterminate sentence
- Inmate’s conviction is final and executory
- Inmate has no pending case
- Inmate is serving sentence in the national penitentiary, unless confinement in municipal, city, district or provincial jail is justified
Other proposals to decongest penal facilities are still being vetted, Perete said.
More PDLs made eligible for executive clemency
Perete said those who are not eligible for parole “may apply for clemency if they meet the criteria set under the resolution.”
Persons Deprived of Liberty who are 65 years old and above who have served at least five years of their sentence or whose “continued imprisonment is inimical to their health” are eligible for executive clemency.
Heinous crimes, drug convicts excluded
These new guidelines, however, do not cover convicts of heinous crimes or illegal drugs-related crimes, or those classified by the Bureau of Corrections as high-risk.
The resolution however did not define who are considered “high-risk” inmates.
The resolution will be effective while the state of national emergency is in place.
The number of COVID-19 cases in the Correctional Institution for Women (CIW), under BuCor, has risen to 20.
National tally of COVID-19 meanwhile is at 6,710 infections.
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