Legal Concepts: Clemency and Corrections

Non-Institutional Correction

• Non-institutional corrections are a type of alternative to jail sentence
•  Implies a prisoner being allowed to remain outside of jail

Clemency

• Clemency is an act of leniency
•  A person convicted of a crime can be granted relief from a court-ordered sentence
• This power is given to a public official, such as governor or president

Executive Clemency

• Involves a power given to a public official, allowing to lower or moderate the harshness of punishment
• It's not a right but a privilege
• Types of executive clemency include reprieves, absolute pardon, conditional pardon with or without parole conditions, and commutation of sentence
• It is based on a principle of fairness, justice, and forgiveness

Judicial Clemency

• Judicial clemency is an act of mercy, removing a disqualification from the erring official
• It's not a right or privilege to be availed of at all times
• Only granted in meritorious cases
• Proof of reformation and showing of potential and promise are essential requirements
• The grant of judicial clemency must be tempered by the greater interests of preserving public confidence in the courts

What is Executive Clemency?

• Executive clemency involves a public official lowering or moderating the punishment of a convicted offender.
• It's a tool of justice, based on the understanding that human institutions tend to make mistakes.
• A variety of actions, like reprieves and pardons, fall under executive clemency.

Exercise of Executive Clemency

• Guided by the principles of restorative justice.
• Concerned not only with freeing or granting a reprieve, but also with facilitating the healing of the harm caused by crime for both families of the victim and offender, and for the community and society.

Guidelines for judicial clemency

• Proof of remorse and reformation
• Relevant testimonials from the Integrated Bar of the Philippines. Judges, judges' associations along with prominent community members with proven integrity & probity.
• A subsequent guilt finding for the same or similar misconduct indicates a strong presumption of non-reformation.
• Sufficient time must lapse from punishment to ensure a period for reformation.
• Age of petitioner must demonstrate they still have productive years ahead
• Show promise through intellectual aptitude, legal acumen or contribution to the legal system (scholarship, or contribution to administrative and/or legal skills) and potential for public service.
• Other relevant factors and circumstances justifying clemency
• A 5-year period minimum before dismissal or disbarment (any kind of clemency)
• Commissions evaluated the evidence to determine if there is any substantial evidence to support the case.

Applying the Diaz guidelines

• Applied in 2013 for disbarred lawyer case
• Refined in 2021 to alleviate subjectivity in dealing with clemency petitions
• Established uniform standards and objective fact-finding processes when resolving petitions for clemency

Judicial Clemency and the Re: Ong Case

• Established five-year minimum period before being eligible for clemency

• Prima facie case exists when the petitioner has shown remorse, has reformed their ways, and deserves the asked for relief.

• The Court cannot rely on allegations that don't have corresponding proof (testimonials and certifications). Such documents presented must have details of petitioner's actions after being dismissed

Facts Relating To The Case:

• The Court's primary duty in resolving a clemency case is to assess if there is proof that warrants the clemency (prima facie)
• The case is referred to a fact-finding commission to evaluate and submit recommendations
• A case-by-case evaluation is necessary for a proper determination of clemency cases due to the varied factors of the case.

Judicial Clemency in the Re: Ong, and Re: Ricafort Cases

• Judicial clemency should be objective, not subjective
• Should be impartial, based on the merits of the case, not personal connections
• Petitioners must show genuine remorse and reformation, and proper fact-finding methods are necessary to ensure and support the allegations in such petitions.

The Five-Year Requirement in Clemency

• In Re: Ong, a 5-year minimum period was established in order to curtail any possibility of a broadly subjective process when determining an appropriate period within which genuine remorse and reformation are deemed present and attained.
• The requirement is a reasonable estimation of the minimum period necessary to assure the petitioner's demonstration of genuine remorse and reformation, and sufficient time away from the penalty before petitioning.

Remorse and Reformation

• Remorse and reformation reflect the petitioner's moral aptitude.

• Understanding and acknowledgment of the gravity and consequences of past conduct.

• Concomitant showing of sincere repentance and correction.

• This includes an awareness by those in positions of responsibility of the wrongs that have occurred.

• Factors such as medical conditions, advanced age, economic hardships may be considered