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Commutation of Sentence

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83 views

Commutation of Sentence

Uploaded by

anthonyrubio907
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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COMMUTATION OF SENTENCE

 The act of the president changing, reducing or mitigating a heavier sentence to a


lighter one or a longer term into a shorter term. It may alter death sentence to life
sentence or life sentence to a term of years.
 It does not forgive the offender but merely to reduce the penalty pronounce by the
court. It is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or by decreasing the
length of the imprisonment of the original sentence. In other cases, the degree of the
penalty is reduced from death to reclusion perpetua.
 - Commutation of sentence resorted to because the law prescribes uniform
punishment for crimes regardless of how serious or how light of the offense
committed is.
 For Commutation of sentence, the petitioner must have served at least one-third
(1/3) of the minimum of his indeterminate sentence, or the following portions of his
prison sentence consisting of Reclusion Perpetua (Life imprisonment):
1. At least (10) years if convicted of Robbery with homicide, Robbery with Rape, or
Kidnapping with Murder;
2. At least 8 years if convicted of Murder, Parricide, Rape or violation of anti-drug
laws;
3. At least 12 years if given 2 or more sentences for Reclusion Perpetua;
4. At least 20 years in case of 1 death sentence which was automatically commuted to
Reclusion Perpetua and;
5. At least 25 years in case of 2 sentences of Reclusion Perpetua; provided that at least
1 of the sentences had been automatically commuted from a death sentence.
 GCTA – is a privilege granted to a prisoner that shall entitle him to a deduction of
his term of imprisonment.
 Under Art.97, RPC, the GCTA are:
a. 5 days per month during the first 2 years of imprisonment
b. 8 days per month during the 3rd to 5th years of imprisonment
c. 10 days during the following years until the 10th years of imprisonment
d. 15 days during the 11th and successive years
R.A 10592 – new GCTA law (2013) by Franklin Drillon
 Applicability: when the Prisoner has no record of violation of rules and regulations.
• Granted by: C, BJMP, Dir, BUCOR and Warden of PJ 1st – 2nd year = -20 days
per month
• 3rd – 5th year = -23 days per month
• 6th – 10th year = - 25 days per month
• 11th – up year = -30 days per month
• Study/ teach/mentoring = -15 days per month from the maximum sentence
Special Time Allowance for Loyalty
 (Art. 158, RPC) A deduction of 1/5 of the period of the sentence of any prisoner who
evaded the service of sentence on the occasion of disorders due to conflagrations,
earthquakes, or other calamities shall be granted if he returns to authorities within
48 hours after the president declared that the calamity is over. Once granted shall
not be revoked.
o Rule 2: Art 158, RPC – escape and did not return within 48 hours = evasion
of service of sentence
o Rule 3: Art 158, RPC – escape and returned but after 48 hours = evasion +
mitigating (voluntary surrender)
o Rule 4: RA 10592 – stayed in prison = -2/5
o Rule 5: STAL and GCTA are not applicable for Heinous crimes, habitual
delinquents, escapees, and recidivist.
REPRIEVE
It is a postponement of sentence or temporary stay of the execution of sentence especially
the execution of the death sentence. Generally, Reprieve is extended to prisoners sentenced
to death.
The date of execution of sentenced is set back several days to enable the Chief to study the
petition of the condemned man for commutation of sentenced or pardon. A reprieve is
given to suspend the execution of a sentence in order to give the prisoner time to find ways
to have it reduced.
Purpose of reprieve
 The purpose of the reprieve is generally to allow an investigation into the legality of
the conviction or into alleged newly discovered evidence in favor of the convicted
person. A reprieve delays an execution but, unlike a pardon or a commuted
sentence, does not negate a sentence unless there investigation shows that the
prisoner has been unjustly tried or sentenced.
 WHEN A DEATH SENTENCE MAY BE SUSPENDED?
Death sentence shall be suspended when the accused is:
 1. A woman, while pregnant;
 2. A woman, within one year after delivery;
 3. Person over 70 years of age.
 4. The suspension of the execution of the sentence as regards a person over 70 years
old is necessary to give the President time to act because only the President can
reduce the sentence.
 5. In cases wherein, a convicted prisoner became insane before the actual date of
execution.

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