Amended guidelines for Executive Clemency out, PPA says
By Amorganda A. Saludar
CEBU CITY, Aug 5 (PIA) -- National Administrator of the Parole and Probation Administration (PPA) Manuel Co in a recent visit to Cebu briefed media reporters on the amended guidelines for executive clemency under the Aquino administration.
Under the new amended rules made by the PPA Board, inmates who suffer from serious, contagious, or life threatening illness or disease and those prisoners with severe disability can now be recommended for executive clemency.
Based on the amended guidelines under the extraordinary circumstances, an inmate suffering from serious, contagious or life threatening disease ,or with severe physical disability such as those who are totally blind, paralyzed or bedridden can be subject for recommendation for executive clemency, said Co who conducted his press conference at the office of the Philippine Information Agency (PIA)-7.
However, the condition of the inmate should be certified "under oath" by a physician of the Bureau of Corrections Hospital and likewise certified under oath by a physician designated by the Department of Health (DOH).
Under the same guidelines on extraordinary circumstances, the board shall also recommend to the President the grant of executive clemency when any of the following extraordinary circumstances are present:
• The trial court or appellate court in its decision recommended the grant of executive clemency for the inmate;
• Evidence which the court failed to consider, before conviction, which would have just justified an acquittal of the accused;
• Alien inmates where diplomatic considerations and amity among nations necessitates review; and
• Such other similar or analogous circumstances whenever the interest of justice will be served thereby.
In such case none of the extraordinary circumstances enumerated the Board may review or recommend to the President the grant of executive clemency to an inmate provided the inmate meets the following minimum requirements of imprisonment.
For commutation of sentence the inmate should have served:
• At least one - third of the definite or aggregate prison terms;
• At least one-half of the minimum of the indeterminate prison term or aggregate minimum of the indeterminate prison terms;
• At least 10 years for inmates sentenced to one reclusion perpetua or one life imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other special laws;
• At least 13 years for inmates whose indeterminate and /or definite prison terms were adjusted to a definite prison term of 40 years in accordance with the provisions of Article 70 of the Revised Penal Code as amended;
• At least 15 years for inmates convicted of heinous crimes as defined in RA 7659or other special laws, committed on or after January 1, 1994 and sentenced to one reclusion pepetua or one life imprisonment;
• At least 18 years for inmates convicted and sentenced to reclusion perpetua or life imprisonment for violation of RA 6425, as amended, otherwise known as “The Dangerous Drugs Act of 1972” or RA 9165 known as “The Comprehensive Dangerous Drugs Acts of 2002”; and for kidnapping for ransom or violation of the laws on terrorism, plunder and transnational crimes;
• At least 20 years for inmates sentenced to two or more reclusion perpetua even if their sentences were adjusted to a definite prison term of forty years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended;
• At least 25 years for inmates originally sentenced to death penalty but which was automatically reduced or commuted to reclusion perpetua.( As amended by Board Resolution No. 24-4-10 dated April 13, 2010.)
For Conditional Pardon, an inmate should have served at least one-half of the maximum of the original indeterminate and /or definite prison term. (As amended by Board Resolution No. 24-4-10 dated April 13, 2010.)
Stated in the same guidelines that “Compliance with the above - mentioned periods of imprisonment shall be without prejudice to the results of publication, community interview, pre-executive clemency investigation report, institutional conduct, NBI records check, psychological test, notices, comments from the victim or victim’s relatives, court certifications of the non-existence of any record of pending appeal or case, and other pertinent documents and factors.” (FCR/AYS-PIA-7, Cebu)
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100 sacks of wooden charcoal seized in Bohol
By Hazel F. Gloria
CEBU CITY, Aug. 4 (PIA) --- Nearly 100 sacks or 20.0 cubic meters of wooden charcoal were spotted by a team of foresters and policemen in Poblacion East, Alburquerque, Bohol recently.
The confiscated wooden charcoal estimated to be worth P12,000 was seized during transport on July 30, 2012 without necessary transport permits.
Department of Environment and Natural Resources (DENR) 7 Executive Director Dr. Isabelo Montejo said this is in line with the strengthened campaign against environmental law violators particularly on forestry laws, rules and regulations.
The owner, a certain Lolita Nalla, and her driver Eddie Mangana are set to be subjected to administrative adjudication proceedings to determine their criminal liability under existing forestry laws.
The confiscated forest products are now at the custody of DENR, Community Environment and Natural Resources Office (CENRO)-Tagbilaran City compound under the supervision of Rolando Hilot.
In a related development, the group also confiscated 28 pieces or 516.95 board feet of lumber Gemelina species amounting to P10, 392.10 in the same town.
Montejo articulated that full implementation of environmental laws will be strictly enforced as they received instructions from DENR Secretary Ramon Paje to conduct a step up and aggressive campaign and apprehension on the rampant and indiscriminate illegal cutting of trees.(HFG/PIA-7/DENR-7)