Reimposition of the Death Penalty in the
Philippines
“I don’t think you should support the death
penalty to seek revenge. I don’t think that’s
right. I think the reason to support the death
penalty is because it saves other people’s
lives.”
Definition of terms:
 Capital punishment (also called death penalty) refers to the
execution of an offender as punishment for a serious crime or
offence. Although it is still practiced in some societies, most
developed countries have abolished capital punishment.
HISTORY:
 After Marcos was ousted in 1987, the death penalty was
abolished, making the Philippines the first country in Asia to
do so.
 In 1999, the death penalty was reimposed.
 Leo Echagaray was the first convict to be executed by lethal
injection. It happened during President Estrada’s regime.
 The death penalty was suspended again via Republic Act
9346, signed by President Arroyo on June 2006.
16th Congress
Senate Bill No. 2080 DEATH PENALTY ACT OF 2014
Filed on January 22, 2014 by Sotto III, Vicente C.
 "An Act Imposing Death Penalty in the Philippines." It has since
been pending in the committee on constitutional amendments and
revision of laws. The bill seeks to repeal Republic Act 9346, the
2006 law that prohibits death penalty in the Philippines.
 "The law of revenge in the hands of each one of us was given to
the government. We in government must yield that power now or
else we will regret its absence in our future," Sotto said.
 With many contemptible crimes being committed everywhere, is
it about time to bring back the capital punishment?
R.A. 7659 or the Death Penalty Law
 "due to the alarming upsurge of such crimes which has
resulted not only in the loss of human lives and wanton
destruction of property but also affected the nations efforts
towards sustainable economic development and prosperity
while at the same time has undermined the people's faith in
the Government and the latter's ability to maintain peace and
order ;n the country.“
 President Aquino’s stand He opines, “As to deterrence, that will
not be fully realized, and this is not the only solution to deter crimes.
Perhaps there will be more deterrence if we can assure that criminals
will be caught and jailed”
Reaction of the Church
 Catholic Bishops' Conference of the Philippines (CBCP)
warned against "attempts by advocacy groups to lobby the
legislature for the restoration of the death penalty.“
 July 2, CBCP president Lingayen-Dagupan Archbishop
Socrates Villegas also said the “imperfection of our judicial
system” could lead to injustice if the Philippines restores the
death penalty.
 Villegas said: “There is something terribly self-contradictory
about the death penalty, for it is inflicted precisely in social
retaliation to the violence unlawfully wielded by offenders.
But in carrying out the death penalty, the state assumes the
very posture of violence that it condemns!”
Article 2 Section 6 of the 1987
Constitution of the Philippines

“The separation of Church & State shall be
INVIOLABLE” but now, what is the church here in the
Philippines doing?
 Church only have the power to spread the word of
god, not to dictate what the people must do or whom
to “vote”.
 “The purpose of separation of church and state is to keep forever
from these shores the ceaseless strife that has soaked the soil of
Europe in blood for centuries.
[Letter objecting to the use of government land for churches, 1803]”
― James Madison
POSITIVE SIDE:
 Capital punishment, or the death penalty, can serve as a
warning to deter people from committing heinous crimes.
 It probably does dissuade some people from murdering, but
not in every case
 You choose the safety of your children or the fact that
criminals can walk free and do harm to our planet.
 It works as a deterrence {which if you do not understand} it
means it keeps criminals from committing more crime and
getting away with it.
NEGATIVE SIDE:
 Denial of basic right- The blessedness of human life is
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denied by the death penalty. Live is precious.
The possibility of error-many convicted individuals
innocent which got death penalty in the past
Unfair Judgment- Generally, it is observed that Capital
punishment is inflicted unduly on the poor and minorities.
Justifying circumstances-persons suffering from
emotional trauma, abandonment, violence, neglect or
destructive social environment commit such heinous crimes.
Effects on society-Capital Punishment is itself a
premeditated murder. This is unacceptable even it is inflicted
by state authority as it lowers the value of life.
Not a deterrent to crime
LEGAL BASIS:
 Section 19, Article III of the Philippine Constitution provides
that: "Excessive fines shall not be imposed nor cruel,
degrading or inhuman punishment inflicted. Neither shall
death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for
it."
QUOTATIONS:
 "Imposition of the death penalty is arbitrary and capricious.
Decision of who will live and who will die for his crime turns
less on the nature of the offense and the incorrigibility of the
offender and more on inappropriate and indefensible
considerations
 The political and personal inclinations of prosecutors;
 the defendant's wealth, race and intellect; the race and
economic status of the victim;
 the quality of the defendant's counsel; and the resources
allocated to defence lawyers."
-Gerald Heaney, former appellate judge
INTERNATIONAL LAW
 1948-The United Nations adopted without dissent
the Universal Declaration of Human Rights (UDHR).
The Declaration proclaims the right of every individual to
protection from deprivation of life. It states that no one shall
be subjected to cruel or degrading punishment. The death
penalty violates both of these fundamental rights.
1966
 The UN adopted the International Covenant on Civil
and Political Rights (ICCPR). Article 6 of the Covenant
states that "no one shall be arbitrarily deprived of his life"
and that the death penalty shall not be imposed on pregnant
women or on those who were under the age of 18 at the time
of the crime. Article 7 states that "no one shall be subjected
to torture or to cruel, inhuman or degrading treatment or
punishment."
1984
 The UN Economic and Social Council (ECOSOC)
adopted "Safeguards Guaranteeing Protection of the
Rights of Those Facing the Death Penalty." In the
same year, the Safeguards were endorsed by consensus by the
UN General Assembly. The Safeguards state that no one
under the age of 18 at the time of the crime shall be put to
death and that anyone sentenced to death has the right to
appeal and to petition for pardon or commutation of
sentence.
 1989-The UN General Assembly adopted the Second
Optional Protocol to the ICCPR. Its goal is the abolition
of the death penalty
 1990-The Protocol to the American Convention on
Human Rights was adopted by the General Assembly of
the Organization of American States. It provides for the total
abolition of the death penalty, allowing for its use in wartime
only.
 1993-The International Criminal Tribunal for the
Former Yugoslaviastated that the death penalty is not an
option, even for the most heinous crimes known to
civilization, including genocide.
1993-The International Criminal Tribunal for former Yugoslavia
stated that the death penalty is not an option, even for the
most heinous crimes known to civilization, including
genocide.
1995-The UN Convention on the Rights of child came into
force. Article 37(a) prohibits the death penalty for persons
under the age of 18 at the time of the crime.
1999-The UN Commission on Human Rights passed a
resolution calling on all states that still maintain the death
penalty to progressively restrict the number of offenses for
which it may be imposed with a view to completely
abolishing it.
 2002-The Council of Europe's Committee of Ministers
adopted Protocol 13 to the European Convention on
Human Rights. Protocol 13 is the first legally binding
international treaty to abolish the death penalty in all
circumstances with no exceptions. When it was opened for
signature in May 2002, 36 countries signed it.
 2005-The UNCHR approved Human Rights Resolution on the
question of the death penalty, which called for all states that still
maintain the death penalty to abolish the death penalty completely
and, in the meantime, to establish a moratorium on executions.
 2007-The UN General Assembly approved Resolution 64/149
which called for all states that still maintain the death penalty to
establish a moratorium on executions with a view to abolishing the
death penalty