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Published by: phiongski on Dec 14, 2010
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On June 25, 1996:

Leo Echagaray was convicted

For raping his 10 year old daughter of his common law wife

And was given the death penalty.

Petitioner now files this case with the following contentions:

that R.A. No. 8177 and its implementing rules do not pass constitutional muster for:

(a) violation of the constitutional proscription against cruel, degrading or inhuman punishment,

(b) violation of our international treaty obligations,

(c) being an undue delegation of legislative power, and (d) being discriminatory.

RA no. 8177: lethal injection as the method for the imposition of death penalty



1.WON lethal injection violates Section 19,
Article 3 of the Constitution

Par. 2 Section 19 of Article 3:
“The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.”


Although the Director of Prisons is not a
trained phlebotomist, section 1 of the third
par. Of RA 8177 requires that prior to the
execution, all involved personal shall be
trained in the task so as to avoid inflicting
unnecessary pain. The Consti protects
convicts only from punishment which are
inherently cruel and degrading.

The pain experienced in lethal injection is
only incidental to the execution not its main

2. WON reimposition of the death penalty violates
international treaty obligations


International Convention on Civil and
Political Rights recognizes that capital
punishment is an allowable limitation on the
right to life but should be limited to most
serious crimes (Article 6, section 2)

The Philippines did not sign nor ratify the
Second Optional Protocol to the International
Covenant on Civil and Political Rights, Aiming
at the Abolition of the Death Penalty.

3. WON RA no. 8177 is undue delegation of
legislative power to the Secretary of Justice and the
Director of Bureau of Corrections


It is a form of delegation of legislative
authority to administrative bodies.

Under the Administrative Code of 1987, the Bureau
of Corrections which drafted the details for the lethal
injection execution is a constituent unit of the
Department of Justice tasked to take charge of the
administration of the correctional system.

The Secretary of Justice is thus tasked to
supervise the Director of the Bureau of
Corrections in promulgating the Lethal
Injection Manual in consultation with the

4. WON section 19 of the rules and regulations to
implement RA No. 8177 is invalid.


Section 19: Execution Procedure delegates
the making of the Lethal Injection Manual
solely to the Director of the Bureau of
Corrections but does not include the
Secretary of Justice’s authority or mode of
approval or review for such manual.

Second paragraph of section 19 requires the
confidentiality of the contents of the manual
even with respect to convict and to the
public at large.


paragraph violates Section 7 of Article 3
of Consti: the right of people to information
on matters of public concern.

No legal impediment exists for the convict to
have access to the contents of the manual.

5. WON Section 17 of the Rules and Regulations to
Implement R.A. No. 8177 is invalid for being
discriminatory and contrary to law. (Suspension of
the Execution of the Death Sentence)

* Section 17 provides suspension of death penalty for
3 years for pregnant women. This is a violation of
Article 83 of the RPC which only suspends execution
to a year. Where there is conflict between an
implementing law and a congressional statute, the
statute must remain.

Respondents are hereby enjoined from enforcing and implementing Republic Act No. 8177 until the
aforesaid Sections 17 and 19 of the Rules and Regulations to Implement Republic Act No. 8177 are
appropriately amended, revised and/or corrected in accordance with this Decision.


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