Death Penalty Law

With what is happening today in our country, a lot of us are calling for the reimposition of the DEATH PENALTY.  Especially here in General Santos City, the call for the reimposition of death penalty has been amplified by the recent rape slay incident involving of an NDDU student just recently.

It is already a common knowledge that our country has DEATH PENALTY before.  However due to Republic Act Number 9346 which was signed into law on June 24, 2006, the imposition of Death Penalty in the Philippines was prohibited.  It was then President Gloria Macapagal-Arroyo who signed this into law.


Accordingly, in lieu of the death penalty, the following shall be imposed:

1.  The penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or

2.  The penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.

But before the imposition of DEATH PENALTY was prohibited, we have this law known as HEINOUS CRIMES ACT or Republic Act Number 7659.  This act enumerated the crimes known as Heinous Crimes for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the  common standards and norms of decency and morality in a just, civilized and ordered society.

As a matter of fact, it is espoused in our Philippine Constitution 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 a Congress hereafter provides for it..."

Thus, the imposition of Death Penalty is sanctioned by no less than our Constitution.  However, it is only to crimes defined as heinous.

What are the crimes considered as HEINOUS CRIMES under R.A. No. 7659?  These are:

1.  Treason

2.  Piracy in General and mutiny on the high seas or in Philippine waters

3.  Qualified Piracy

4.  Qualified Bribery

5.  Parricide

6.  Murder

7.  Infanticide

8.  Kidnapping and Serious Illegal Detention

9.  Robbery with Homicide

10.  Destructive Arson

11. Rape

12.  Crime of Plunder

13.  Carnapping with Homicide

14.  Violations of R.A. No. 6425 as amended.

To reimpose again this Death Penalty, it would require an act from the Congress or the legislation of a new law that would impose DEATH PENALTY.

Unless and until a new law that would reimpose DEATH PENALTY, our courts cannot impose the same.

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