LEGAL RETRIBUTION

Philippine penal law is hinged on the principles of both retributive and restorative
justice. The theory of retributive justice is characterized by human free will as basis of
criminal liability, establishing a direct proportion between crime and penalty. This
echoes the concept of “an eye for an eye, a tooth for a tooth.”For example, retribution
may be a judge’s ordering either a life sentence or the death penalty for someone after
convicting him of murdering another person – a life for a life.
The idea of retributive justice has played a dominant role in theorizing about
punishment over the past few decades, but many features of it—especially the notions
of desert and proportionality, the normative status of suffering, and the ultimate
justification for retribution—remain contested and problematic.
Article II of the 1987 Constitution particularly provides that the state values the dignity
of every person and guarantees full respect for human rights.
This is echoed in Article II of the Universal Declaration of Human Rights, to
which the Philippines is a signatory, and which states that no one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment.
Article 2, Section 5 of the 1987 Constitution provides that:
The maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
Article 3, Section 19 (1) of the same Constitution further provides that:
Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, fo r com
pelling reasons involving heinous crim es, the Congress hereafter provides fo r it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
It is one thing to impose the penalty of loss of freedom on the accused, and
quite another to take away the inherent dignity of the human soul imprisoned in the
sinner.
Also, it’s one thing to personally seek vengeance like in the movies, but to make it part
of our criminal justice system and call systematic executions as “justice” brings us back
to when civilization doesn’t know any better.