Commutation of Sentence | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Criminal Law: Partial Extinction of Criminal Liability – Commutation of Sentence

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Commutation of Sentence refers to the reduction of the penalty imposed on a convicted individual by the Chief Executive (President of the Philippines). It is a form of executive clemency provided under the Constitution and pertinent laws.

Legal Basis

1. 1987 Constitution of the Philippines

   • Article VII, Section 19: "Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment."

2. Revised Penal Code (RPC)

   • Article 94: Commutation of the sentence is one of the recognized modes of extinguishing criminal liability partially.

3. Rules of Court

   • Rule 120, Section 17: Once the judgment of conviction becomes final, it can only be modified by specific legal mechanisms, including commutation.

4. Revised Administrative Code of 1987

   • Book III, Title I, Chapter 5, Section 17: Provides for the powers of the President, including granting clemency.

5. Administrative and Executive Issuances

   • Guidelines and procedures for commutation are further detailed in executive orders, Department of Justice (DOJ) circulars, and related issuances.

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Nature and Purpose

1. Definition:

   • Commutation of sentence refers to the reduction of a sentence imposed by the court, either in terms of duration or severity, through the exercise of executive clemency.

2. Purpose:

   • It seeks to alleviate the harshness of the penalty for reasons of justice, equity, or humanitarian considerations.
   • Provides a second chance to deserving individuals based on good behavior, rehabilitation, or other exceptional circumstances.

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Process of Commutation

1. Initiation:

   • The application for commutation is typically initiated by the convicted person, their family, or legal counsel. It may also be recommended by concerned agencies, such as:
     • Board of Pardons and Parole (BPP)
     • Department of Justice (DOJ)

2. Preliminary Steps:

   • Submission of Application: The convicted individual must submit a formal application to the BPP.
   • Documentation Requirements: Includes the court decision, proof of good behavior, and certifications of rehabilitation.
   • Recommendation Process: The BPP evaluates the application and submits its recommendation to the President.

3. Evaluation Factors:

   • Nature and gravity of the offense.
   • Behavior of the convicted individual while serving the sentence.
   • Time already served.
   • Circumstances surrounding the commission of the offense.
   • Public interest and the impact on victims.

4. Presidential Action:

   • The President exercises discretion in granting commutation and is not bound by the BPP's recommendation.
   • The commutation order, once issued, modifies the sentence as prescribed.

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Limitations and Conditions

1. Discretionary Power of the President:

   • The President's power to commute sentences is plenary and cannot be compelled or questioned.

2. Final Judgment Requirement:

   • Commutation applies only after the conviction has become final and executory.

3. Exclusions:

   • Impeachment cases and electoral offenses under specific laws may not be subject to commutation.
   • Sentences for crimes considered heinous may undergo stricter scrutiny.

4. Conditions for Commutation:

   • May include parole eligibility after serving a reduced portion of the sentence.
   • Conditions imposed must be reasonable and within the scope of the law.

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Distinctions from Other Forms of Clemency

1. Pardon:

   • Absolute pardon completely extinguishes the criminal liability, while commutation only reduces the penalty.
   • Commutation does not restore civil rights unless explicitly stated.

2. Parole:

   • Parole is conditional release before the full sentence is served, whereas commutation modifies the penalty itself.

3. Amnesty:

   • Amnesty applies to a class of persons for political offenses and obliterates the offense itself, unlike commutation, which applies only to an individual's penalty.

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Effects of Commutation

1. Partial Extinction of Criminal Liability:

   • The original sentence is replaced or reduced in accordance with the commutation order.
   • Civil liability arising from the crime remains enforceable unless explicitly remitted.

2. No Automatic Restoration of Civil Rights:

   • The commuted individual may still need to undergo separate processes for the restoration of civil rights.

3. Finality:

   • The commutation order, once granted, is irrevocable and binding.

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Relevant Jurisprudence

1. People v. Vera (G.R. No. L-45685)

   • Emphasized the discretionary nature of executive clemency, including commutation.

2. Garcia v. Commission on Audit (G.R. No. 178777)

   • Clarified that commutation does not extinguish civil liability unless explicitly provided.

3. People v. Valleno (G.R. No. L-35210)

   • Discussed the limits of judicial review in matters of commutation and clemency.

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Conclusion

Commutation of sentence is a vital mechanism for the humane administration of justice. It acknowledges the rehabilitative potential of individuals while balancing the interests of society and the justice system. However, its exercise remains an exclusive and discretionary prerogative of the President, subject to established legal and procedural safeguards.