Prisoners who are 70 and above and have served at least 10 years of their sentences, may be eligible for executive clemency, the Department of Justice said Thursday.
Justice Undersecretary Jesse Hermogenes Andres said the new policy is outlined in Resolution No. OT-08-02-2023, issued last week by the Board of Pardons and Parole (BPP).
“Under the resolution, PDLs [persons deprived of liberty] who are 70 years old and above, even if they are considered high-risk, if they have already served 10 years of their sentence, they shall now be considered for executive clemency especially if they are suffering from old age, being sickly, or have terminal or life-threatening illnesses or other serious disabilities,” Andres said.
Executive clemency can include reprieve, absolute pardon, conditional pardon with or without parole conditions and commutation of sentence. It is granted by the President.
Andres announced the BPP resolution during the second and final day of the National Jail Decongestion Summit attended by representatives of all branches of government.
The summit, led by the Justice Sector Coordinating Council (JSCC), aims to develop policies and procedures to address jail overcrowding in the country.
Andres said two PDLs already benefited from the new BPP resolution—Roberto Salvador, 78 and Gerardo Dela Pena, 84.
Salvador, convicted of murder and imprisoned since 1997, served 26 years before receiving clemency through sentence commutation granted by President Ferdinand Marcos Jr., according to Andres.
Dela Pena, a political detainee convicted of murder, was previously ineligible for release, Andres said.
“But, now because of this new resolution, that instead of 15 years it’s only 10 years. Dela Pena, who had served 11 years, will now be entitled to be recommended for release under this new resolution,” he said.
