Irish D.

Te-od

COA 1B

Essay

Why is it that the Philippines cannot apply the Muslim practice of chopping off the hands or fingers of
criminals (or in the case of rape stoning to death). Explain with legal basis (cite the sections or article
that supports your answer).

The Philippines can not apply the chopping or stoning punishment to crimes offences because this
was a law under the Sharia Law or Muslim law which is only applicable to Muslims in a certain region in
the country and not to the whole Filipino people because the vast majority of the Filipinos were
christians.

Whereas, Muslim Law is applicable under the Sharia courts which is supervised by the Supreme court
of the Philippines. Sharia courts are with in Muslim majority like the Bangsamoro region or the BARMM
to which the five sharia courts were located in the five provinces of the Bangsamoro region.

And by the Constitution of the Philippines prohibits the use of torture and cruel, inhuman or
degrading punishment. Thus, the following Constitutional provisions, are hereby reiterated under Article
lll – Bill of Rights

Section 12

•No torture, force, violence, threat, intimidation, or any other means which shall be used against him
person under investigation for the commission of an offense. Secret detention places, solitary,
incommunicado or other similar forms of detention are prohibited.

• Any confession or admission obtained in violation of this or the preceding section shall be inadmissible
in evidence against him.

• The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 19

• Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

• 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.