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.

Comments

Post a Comment

Popular posts from this blog

Philippine Laws on Illegal Gambling

Image
Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of A
Read more

The Crime of Grave Scandal

Image
Courtesy of Sun.Star Davao When I opened my facebook yesterday, June 2, 2014, a strange news caught my attention.  This news was all about two men caught in the act masturbating.  Thus: DUHA ka lalaki ang gibalhog sa selda sa San Pedro Police Station human nasakpang nag-masturbate sila ala 1:25 sa kaadlawon kagahapon, Dominggo, didto sa Palma Gil Street, siyudad sa Davao. Ang duha gitago sa pangalan nga Marco, 33, ulitawo, laborer, nagpuyo sa San Juan Village, Bangkal, Barangay Talomo Proper, ug Daryl, 23, ulitawo, sales agent ug residente sa S.I.R, New Matina, Barangay 76-A Bucana. Gisaysay sa blotter sa kapulisan nga nadakpan ang duha sa nagpatrolya ang mga sakop sa Philippine Civic Crime Monitoring Group (PCCMG) nga gipangulohan Jerry Balobar Ponayo didto sa dalang Palma Gil. Si Police Officer (PO2) Perfecto Tuloy, duty desk officer, nagsulti nga nakita mismo ni Ponayo ang duha nga nagbinatilay sa ilang kinatawo kilid sa gi-parking nga multicab sa kalsada.
Read more

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pang
Read more