Santiago, Mikaila Ma. A.

Legal Research
JD1-4

“The Reviving of the Capital Punishment of the Revised Penal Code in the
Philippines: The Death Penalty”

Chapter 1: THE PROBLEM AND ITS BACKGROUND

1.) Introduction:

 History of Crimes and Punishment

 History of Revised Penal Code of the Philippines
 Theories behind the Revised Penal Code: Classical Theory and Positivist Theory
 Crimes and Penalties under Revised Penal Code
 Suspension of Death Penalty in the Philippines
 The House Bill for Reviving the Death Penalty

2.) Background of the Study

 The Conflict to the implementation of Capital Punishment, which is Death Penalty

between the treaty of International Covenant on Civil and Political Rights (ICCPR)
wherein Philippines is one of the 169 parties signed to the covenant.

3.) Statement of the Problem

 Main Problem:
-Death penalty is the capital punishment indicated in the Article 25 of the Revised Penal
Code for heinous crimes. However, it was suspended in pursuant to Republic Act No.
9346, entitled as “AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES” approved by former President Gloria Macapagal-Arroyo on June 24, 2006.
Further, it was said by the UN official that the Philippines in 2007, ratified the Second
Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR),
which aims to abolish the death penalty. The focus of this study is to identify the issue
by means of knowing the scopes and limitations of the said treaty with regards to the
implementation of Death Penalty.

 Sub-Problems:
- The advantages and disadvantages of reviving the Death Penalty in the Philippines and
the society’s reaction towards the reviving and implementation of death penalty.

4.) Scope and Limitations

-Focus of this study is on the conflict between the Second Optional Protocol to the
International Covenant on Civil and Political Rights (ICCPR), which aims to abolish the death
penalty wherein the Philippines ratified in 2007.

-Advantages and Disadvantages and also society’s reaction towards the reviving of the
Death Penalty in the Philippines.

5.) Significance of the Study

-To be enlightened to scopes, limitations and purposes of the above-mentioned treaty

regarding the abolishment of death penalty signed by the Philippines on 2007 and the society’s
reaction towards the reviving of the death penalty.

6.) Definition of Terms

 Chapter 2: REVIEW OF RELATED LITERATURE AND STUDIES

1.) Foreign Literature

2.) Local Literature

3.) Foreign Studies

4.) Local Studies

5.) Synthesis and Relevance of the Reviewed Literature and Studies

Chapter 3: RESEARCH METHODOLOGY

1.) Method of Research

2.) Population and Sample Size

3.) Description of Respondents

4.) Research Instrument

5.) Data-Gathering Procedure

6.) Statistical Treatment of Data

Chapter 4: PRESENTATION, ANALYSIS, AND INTERPRETATION OF DATA

Chapter 5: SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS

1.) Summary

2.) Findings

3.) Conclusions

4.) Recommendations

Bibliography:

-Related Laws:

1. Republic Act No. 9346, “AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY
IN THE PHILIPPINES”.

2. Revised Penal Code of the Philippines- Book One and Book Two

3. 1987 of the Philippine Constitution- Bill of Rights

4. Second Optional Protocol to the International Covenant on Civil and Political Rights,
Aiming at the Abolition of the Death Penalty- published by UN General Assembly in December
15, 1989

5. Multilateral International Covenant on Civil and Political Rights, adopted by the

General Assembly of the United Nations on December 19, 1966 and Optional Protocol to the
above-mentioned Covenant, adopted by the General Assembly of the United Nations on
December 19, 1966.
-Related Cases
-Books
-Journals and Monographs (research publications)
-Periodicals:

1. Speech of President Rodrigo R. Duterte with regards to the Capital Punishment as

Retribution in his State of the Nations Address.

-Electronic Sources
-Other Print Sources/Non-Print Sources

Appendices:

A.) Questionnaire (with cover letter)

B.) Request letter to conduct survey

C.) Documents, legislations, memoranda, data/figures (if any)

D.) Sample statistical computations or print-outs

E.) Curriculum Vitae