What Is Death Penalty According to Law in the Philippines

Although opponents argued that supporters of the bill had failed to prove compelling reasons to reintroduce the death penalty, as required by the Constitution, that inadequate crime statistics had led Congress to fail to clarify the true nature and trend of crime, and that there were persistent reports that corrupt police officers had regularly provided evidence in criminal investigations. The House of Representatives and the Senate ultimately voted in favor of the death penalty. A joint action, Republic Act 7659, to reintroduce the death penalty was approved by Congress and promulgated by President Ramos in December 1993, which entered into force on 1 January 1994. Adoracion Sevilla, a 52-year-old woman who was sentenced to death in February 1996 with her business partner Joel Gaspar for possession of four kilos of marijuana leaves. The trial judge reportedly said that the court had no choice but to impose the death penalty to deter others. [5] Adoracion Sevilla suffers from cervical cancer. She is one of seven women sentenced to death for drug-related offences or murder. It is believed that all of their alleged crimes were committed with male accomplices, who were also sentenced to death. Prisoners sentenced to death are held at the Women`s Correctional Institute in Manila.

Gloria Lai, Asia director of the International Drug Policy Consortium, says the death penalty has not solved any country`s drug problems. Few people were surprised when Mr Duterte again lobbied last month to reintroduce the death penalty for drug-related offenders. As part of the World Coalition`s larger project working with countries threatened with reintroduction of the death penalty, the Coalition worked closely with the CHR in the Philippines. An education and advocacy brochure entitled „Maintaining the Death Penalty Abolished in the Philippines“ was recently completed in 13 languages, including 11 local languages of the Philippines, and was made available to organizations fighting against the return to the death penalty. These brochures were produced in collaboration with chr. These include the political history of the death penalty in the Philippines, as well as a detailed overview of why the Philippines was erected as an abolitionist state and a list of mobilizing measures to be taken against its reintroduction. It is now available in all 13 languages on the WCADP website. President Fidel V. Ramos promised during his campaign that he would support reintroducing the death penalty in response to rising crime rates. The new law (Republic Act 7659), drafted by Ramos, was adopted in 1993 and reinstated the death penalty on 31 December 1993.

[31] This law provided for the use of the electric chair until the gas chamber (which was chosen by the government as a substitute for electric shocks) could be used. In 1996, Republic Act 8177 was adopted, which requires the use of lethal injection as a method of carrying out the death penalty. In 1987, the Philippines set a historic precedent by becoming the first Asian country in modern times to abolish the death penalty for all crimes. This decision was part of a determined effort to restore respect for human rights after the overthrow of President Ferdinand Marcos. The new government of President Corazon Aquino has also promulgated a constitution with a bill of rights, established an independent human rights commission and acceded to the most important international human rights treaties. In this context, Amnesty International and other Filipino human rights groups were appalled that President Ramos, when he announced in late 1995 the creation of a special inter-agency working group composed of elements of the PNP, AFP and the National Bureau of Investigation (NBI), to eliminate police or military personnel who have been corrupted or have violated human rights. At the same time, the Supreme Court requested that the confirmation of death sentences be accelerated. The president was supported by Senator Ernesto Herrera, the author of the bill to reintroduce the death penalty, who said the increase in heinous crimes was partly due to the slow pace of implementation of the death penalty, and called on Congress to reduce to six months the mandatory waiting period between final confirmation by the Supreme Court and execution. In this context, the reinstatement of the death penalty, particularly for drug-related offences, is a natural step for President Duterte. The emergence of a peasant uprising that had begun as a resistance movement against the Japanese occupation forces (the Anti-Japanese People`s Army, better known as „Hukbalahap“ or „Huks“) was inspired by the post-war authorities as communists. The first anti-subversion law against the Communist Party of the Philippines (PKP) has come into effect. Although it includes the death penalty for PKP leaders, no executions have been carried out under this law.

However, between 1946 and the election of President Ferdinand Marcos in 1965, thirty-five people were executed – mainly those convicted of particularly horrific crimes that, in the words of supreme court judges reviewing the cases, were characterized by „senseless depravity“ or „extreme criminal perversity.“ § 4 Cancellation clause. — All laws, decrees and presidential decrees, implementing decrees, rules and regulations or parts thereof that are incompatible with the provisions of this law are repealed or amended accordingly.chan robles virtual library of law During the Spanish colonial rule, the most common methods of execution were death by firing squad (especially for treason/military crimes, generally reserved for independence fighters) and the garrotte. „No justice system is perfect,“ Ramberg adds. „The death penalty carries the risk that an innocent person will receive a bad sentence. There are many examples where people on death row have been found not guilty after several years in prison. In the Philippines, the automatic review of all death penalty cases by the Supreme Court is an essential, but not infallible, safeguard, in accordance with the principles of the UN resolution. However, there are serious concerns about the guarantees of a fair trial for the death penalty by the courts at regional and local levels. There is growing concern that lower court judges, who are to some extent affected by a political and popular climate that demands speedy sentencing, do not ensure that death penalty cases respect the legal safeguards set out in article 14 of the ICCPR. The Philippines has ratified both the International Covenant on Civil and Political Rights (ICCPR), which prohibits the reintroduction of the death penalty, and the Second Optional Protocol, which explicitly seeks to abolish the death penalty. Many Filipinos were proud that the Philippines was one of the main supporters and co-sponsors of the Second Optional Protocol to the ICCPR, adopted by the United Nations General Assembly in 1989.

The Protocol, a binding international agreement, aims at the complete abolition of the death penalty (outside wartime). It turned out to be paradoxical that, just as the Philippines was showing leadership in promoting global abolition, the government and legislature in the country were going in the opposite direction. By mid-1997, 30 States had ratified the Optional Protocol and four others had signed it (indicating their intention to ratify it at a later date). The Philippines has neither signed nor ratified the Protocol. The Duterte administration`s overwhelming majority in Congress and ongoing efforts to promote its campaign against illegal drugs mean that the Judiciary Committee is likely to support the death penalty. Duterte`s „war on drugs“ has resulted in the deaths of more than 6,000 people at the hands of the Philippine National Police and thousands more by unidentified gunmen. Accountability for these police killings, including those that have victimized children, is virtually non-existent. The death penalty in the Philippines (Filipino: Parusang Kamatayan sa Pilipinas) In particular, the death penalty as a form of state-sponsored repression has been introduced and widely used by the Spanish government in the Philippines. A considerable number of Filipino national martyrs such as Mariano Gómez[1], José Burgos[2], and Jacinto Zamora[3] (also known as GomBurZa[3]), Thirteen Martyrs of Cavite (Trece Martires),[4] Thirteen Martyrs of Bagumbayan[5], Fifteen Martyrs of Bicol (Leaves Martires of Bicolandia),[6] Nineteen Martyrs of Aklan[7] and José Rizal[8] were executed by the Spanish government. .

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