Death Penalty in the Philippines

The Past and the Present

The Philippines had been a colonial territory of Spain for more than 400 years

and during those times, the death penalty had been in practice for specific crimes such

as treason. The three friars namely Mariano Gomez, Jose Apolonio Burgos, and Jacinto

Zamora who is historically known as GOMBURZA were executed by garrote in February

1872. Years later, our Philippine national hero Dr. Jose Rizal was also publicly executed

by the firing squad in 1896 in Dapitan which is currently called as Luneta Park. Death

penalty by electrocution was introduced during the American regime in 1926 but it was

not utilized because under the government of the first president of the Philippines,

Manuel Quezon, no one was sentenced to death. The death penalty remained in effect

for crimes like murder, rape, and treason after the Philippines’ liberation in 1946 and

thirty-five people were executed for "savage crimes" marked, in the words of Supreme

Court judges who reviewed the cases, by "senseless depravity" or "extreme criminal

perversity." Death by electrocution was sentenced to 51 individuals until 1961. Under

the presidency of the late President Ferdinand Marcos, the Congress added new capital

offenses involving hijacking, dangerous drugs and carnappings as a response to

burgeoning political and social unrest in the country. Nineteen executions took place

before the application of martial law and twelve executions were carried out on 1967

alone. During the martial law, 24 offenses were punishable by death. The last execution

took place in 1976. The National Assembly was formed in 1979 and several voices in
the house were against the application of death penalty in the Philippines. In the mid

80’s, the execution of more than 500 inmates in death row was halted due to the

collapse in the economy and the Marcos administration was experiencing a growing

pressure and criticism from its neighboring ASEAN countries and other Western allies.

After the ousting of Marcos, death penalty was abolished under the promulgation of the

new 1987 Constitution and reduced those who are previously sentenced to death to

reclusion perpetua or life imprisonment in President Corazon Aquino’s era. This made

the Philippines the first country in Asia to abolish the death penalty. However, a

provision in the Constitution can be reinstated by the congress for ‘heinous crimes.’ In

1993, Republic Act 7659 was signed by joint measure of the Congress and President

Ramos to restore death penalty in December 1993-taking effect on January 1, 1994. It

included thirteen classes of crime, but was later expanded to 46 capital offenses and

the law argued that certain criminals deserve to die because of their horrendous acts;

such crimes are considered so evil that killing the perpetrators is the only just way to

deal with it. A year later, lethal injection replaced the electric chair as the method of

carrying out capital punishment. It was under President Joseph Estrada that the first

execution took place under public pressure, the death penalty was served to Leo

Echagaray in 1999 for raping his 10-year-old stepdaughter. “Today’s execution is proof

of the government’s determination to maintain law and order. Let Mr. Echegaray’s death

serve as a strong warning against the criminal elements,” said then-President Joseph

Estrada. Several executions followed and after Echagaray, crime volume in the country

even increased by 15.3%, instead of abating, figures increased from 71,527 in 1998 to

82,538 in 1999. Estrada declared a moratorium on all death sentences and his
successor Gloria Arroyo in 2000 approved a moratorium to suspend capital punishment

but was formalized only in 2006. That year, sentence to a total of 1,230 death row

inmates were commuted from capital punishment to life imprisonment. Presently,

President Rodrigo Duterte is one vocal supporter of the death penalty since campaign

period and his administration’s priority agenda is the restoration of capital punishment

for drug trafficking, rape, and other heinous crimes as he believes executions will help

lower crime rates in the country (Tagayuna, 2004). Twenty three proposed bills have

already been filed in the House of Representatives while five versions of the bill were

received in Senate. Most versions want the death penalty to be restored for the crime of

drug trafficking and the crime of plunder. The proposal still has its share of criticisms

despite the support, particularly from the human rights advocates primarily the

Commission on Human Rights (CHR). The Commission argued that no records in the

past could prove that capital punishment has been instrumental to reduce crime

incidences in the country.

At first, President Duterte was restrained by the upper house of parliament. But

last year's midterm elections saw his allies win control of the senate and many fear the

law could now be passed especially with several crimes happening in the country (Jha,

2020). For instance, in December 2020, Policeman Jonel Nuezca had gone to the

Gregorios to investigate who was shooting “Boga”, an improvised canon usually made

of bamboo that is used to make noise during New Year celebrations. He tried to arrest

Frank, who appeared drunk, but Sonya intervened. Nuezca shot them both. Senators,

several personalities, and netizens are criticizing the PNP's role in alleged killings in the

country. They are seeking justice for the Gregorios, calling for the end of police brutality
and impunity in the Philippines. Some citizens also voiced their opinion through social

media posts and some wanted for death penalty to be revived in our country because of

the increase in crimes. Also recently, the shocking death of flight attendant Christine

Angelica Dacera on New Year’s Day, police claimed that she was raped and killed even

without autopsy findings and a toxicology report, the Makati City police lodged a

provisional charge of rape with homicide against the 11 men last Jan. 4. The suspects

allegedly involved in Dacera’s death contradicted this conclusion (Marquez, 2021). Sen.

Manny Pacquiao, for long pushing for the revival of capital punishment, earlier said

Dacera's case was another example of why the death penalty should be reinstated in

the Philippines (Villaruel, 2021). The autopsy report from the Southern Police District

Crime Laboratory declared that the cause of death is consistent with ruptured aortic

aneurysm and it contradicts the initial report of the Philippine National Police (PNP) that

the flight stewardess was raped (Tulfo, 2021). CHR spokesperson Jacqueline Ann de

Guia said in a statement “The Commission refutes the call to re-impose death penalty if

proven that Christine’s death resulted from sexual assault. While perpetrators of rape

and other forms of sexual violence must be held accountable, capital punishment would

not genuinely address the problem,", she also added "The lack of access to justice of

victims of sexual violence and their families and the long persistence of misogyny and

impunity in our society are the root causes of these violations. The CHR cautions

officials to be circumspect in their pronouncements of launching a manhunt operation

against suspects without any legal basis such as warrant of arrest,"

Officially the police say they shoot only in self-defense and data shows more than

8,000 people have been killed in anti-drug operations. The nation's human rights
commission estimates a toll as high as 27,000. According to Carlos Conde, Philippines

researcher for Human Rights Watch “The death penalty would give the state another

weapon in its ongoing war against drugs," Gloria Lai, Asia director of the International

Drug Policy Consortium, says the death penalty has not solved the drug-related

problems of any country. "It is the poor and vulnerable who bear the harsh punishment

of criminal justice systems in grossly unjust ways," she says. There is little evidence to

prove that the death penalty can be a deterrent. Instead research has shown the

punishment frequently affects the most disadvantaged. An example is Raymund Narag

who knows firsthand the problems of a flawed criminal justice system as he spent nearly

seven years jailed in the Philippines as a pre-trial detainee before he was acquitted of a

campus murder that took place at his university when he was 20. The death penalty

was still intact at the time and he said "It was traumatic thinking that you can be put to

death for a crime you did not commit," He also said that if he hadn't managed to track

down a key witness, an overseas worker, to return home and testify, proving he wasn't

at the crime scene, he may have been convicted. Through his advocacy he wants

Filipinos to know the consequences of mistaken convictions, which could become

mistaken executions if the law changes, in an already struggling justice system (Jha,

2020).

Solutions

A study by Amnesty International says the death penalty is a symptom of a

culture of violence, not a solution to it. Most of those penalized by the death penalty are

victims of unfair legal systems. Many death sentences are issued after so-called
“confessions” have been obtained through torture; these confessions are unreliable, as

they only show that victims of torture are compelled to say anything to make the torture

stop. Worse, discrimination often influences court decisions. People are much more

likely to be sentenced to death if they are poor or belong to a racial, ethnic or religious

minority. Some governments also use it to silence their opponents. This is further

compounded by the reality that the poor and marginalized groups have less access to

the legal resources needed to defend themselves (Dollaga, 2019). There is no credible

evidence that the death penalty deters crime more effectively than a prison term. In fact,

crime figures from countries which have banned the death penalty have not risen. In

some cases they have actually gone down. In the Philippines alone the Supreme Court

said in 2004 that 71.77% of death penalty verdicts handed by lower courts were wrong.

It is ruled that people strive to think the death penalty is an equivalent punishment for

murder. However, when there are alternative punishments that would replace the death

penalty, less than the majority of people believe to keep the death penalty in place.

According to the results, solutions that will replace the death penalty are favored.

Reformatories and Rehabilitation

An alternative idea that would modify the death penalty includes making the criminals

attend reformatories and rehabilitation centers to later be released into society.

Reformatories are facilities specifically to rehabilitate the inmates challenged physically,

mentally, and morally. Although reformatories are commonly used for juvenile

delinquents that range from the ages of 16 to 25, they should be used for adults.

Contenders to this solution would say that it is reasonable to reshape teenage lives that
have commenced their course in the real world, however, reshaping the lives of mature

adults would be. Even though that is rational, it is believed that people can change their

way of life. In fact, most criminals that are on parole have never committed a violent

crime again when re-entering society. This method of rehabilitation is a good solution to

the death penalty since it creates a civilized approach to punishment (Gutierrez, 2011).

Restitution

Another alternative capable of reforming the death penalty includes that of restitution.

Restitution is the act of forcing convicts to work and use their earned money to pay a

percentage to the city and to the families affected by their crime. Instead of using

taxpayer money to compensate for housing prisoners in cells, the convicts themselves

are able to help pay for the food, lighting, and water. Although this sanction seems very

beneficial to the country, counterarguments would support the claim that the amount of

money given to an inmate in prison is not even enough to buy a cigarette or candy. With

this being true, the simple solution is to increase their pay. To make restitution more

feasible, an inmate must be required to work 40 hours per week, 50 weeks per year, for

over 25 years. This money can be received by the family that was affected by the

criminal. Restitution would reduce the need of vengeance from the victim’s family since

there would be some sort of satisfaction knowing that the person who inflicted suffering

into their family is repaying them for their wrongdoing (Gutierrez, 2011).

Life imprisonment

An effective alternative to Death Penalty is life imprisonment. This includes

Imprisonment until the natural death of a convict, with no possibility of release in the
example, without parole. This is sometimes called life without parole (LWP). Similarly,

there can be life imprisonment with the possibility of parole. A sentence of life without

parole allows mistakes to be corrected or new evidence to come to light (Verma, 2020).

Indeterminate term of imprisonment

Another alternative is to send an offender to prison to serve a minimum number of years

and after serving that period they can be considered for release, but the review does not

guarantee a release. This means that in effect prisoners stay in prison until they are

considered safe to be freed, and are not given a release date. This involves the

discretion of the authorities, which might lead to unintended negative consequences

(Verma, 2020).

Recommendations

Death penalty is an issue in our country that we have to face eventually even if

it was suspended long ago. To pursue an execution meant a "closure" to all the

tragedies of the victims. In our country, financial compensation from the perpetrators or

from the government is non-existent, which is why many feel that the only way to

compensate for all their loss and feelings of injustice, is to execute the perpetrator.

However, executing someone because they’ve taken someone’s life is revenge, not

justice. As crimes continues to increase, some of our citizens are the ones demanding

for the capital punishment to be revived. Nevertheless, our country is currently focused

on the pandemic and the death penalty is yet, pushed aside and is still being reviewed

by the officials. Strong public support for the death penalty often goes hand in hand with
a lack of reliable information about it and most often the mistaken belief that it will

reduce crime. Many governments are quick to promote this erroneous belief, even

though there is no evidence to support it. Crucial factors that underlie how the death

penalty is applied are often not understood. These include the risk of executing an

innocent person, the unfairness of trials, and the discriminatory nature of the death

penalty – all of which contribute to a fully informed view of capital punishment.

The practice of capital punishment predates recorded history and the reason it

exists is because it is meant to punish someone for their wrongdoings and it might be

seen as an important tool for preserving law and order. Even so, there are several

effective alternatives such as improving the working of the criminal justice system,

particularly the Police. Prisons should focus on identifying the underlying causes to

commit a crime and work towards improving those such as if the poor economic

condition was a factor to commit a crime, then prisons must start skill training or

vocational education, so as to make the offender lead a dignified life. The government

should also exert all efforts to provide the best social and basic services to the people.

By ensuring that the education system is progressive, liberating, service-oriented, pro-

people and nationalist, the poor could have access to good and quality education. This

should not be seen as a privilege, but as a basic right. Instead of using numerous

valuable resources in the death penalty, the same should be applied in dealing with the

causes of crime, developing program for crime prevention, as well as strengthen the law

enforcement capacity. These are sure ways of ensuring the rate of crime is controlled.

If the government has any plans to re-impose the death penalty, it should be

proposed that only serious crimes should be subjected to this form of punishment, it
should ensure there’s a fair trial at all stages, including clemency and appeal

proceedings. The practices should also be reviewed and caution taken to ensure that

the process is not discriminatory, and neither is it arbitrary. In case executions occur,

those involved should ensure that even as the process takes place, the least possible

suffering should be inflicted. Such practices as stoning and public executions should be

prohibited. Conditions for death row inmates should be in accordance with international

standards of human rights. It is worth remembering that revenge is not the answer, the

answer lies in reducing violence and not causing more deaths especially, when human

rights apply to the best of us and even the worst of us. When the death penalty is

carried out, it is final. Mistakes that are made cannot be unmade. An innocent person

may be released from prison for a crime they did not commit, but an execution can

never be reversed.
REFERENCES:

 Gutierrez (2011). Death Penalty [Blog post]. Retrieved from

http://dgutierrezbeowulf.blogspot.com/2011/11/problem-solution-essay-death-

penalty.html

 Amnesty Org. THE DEATH PENALTY – YOUR QUESTIONS ANSWERED.

Retrieved from https://www.amnesty.org/en/what-we-do/death-penalty/death-

penalty-your-questions-answered/

 Parliamentarians for Global action. Philippines and the Death Penalty. Retrieved

from https://www.pgaction.org/ilhr/adp/phl.html#:~:text=The%20Philippines%20was

%20the%20first,Arroyo%20signed%20a%20law%20reducing

 Arlie Tagayuna (2004). Capital Punishment in the Philippines. Retrieved from

https://core.ac.uk/download/pdf/5094815.pdf

 Preeti Jha (2020) Philippines death penalty: A fight to stop the return of capital

punishment. Retrieved from https://www.bbc.com/news/world-asia-53762570

 Consuelo Marquez (January 07, 2021). New Year’s Day tragedy: What really

happened to Christine Dacera? Retrieved from

https://newsinfo.inquirer.net/1380542/new-years-day-tragedywhat-really-happened-

to-christine-dacera

 Jauhn Etienne Villaruel (January 06, 2021) CHR rejects death penalty push amid

flight attendant's controversial death. Retrieved from https://news.abs-

 cbn.com/news/01/06/21/chr-rejects-death-penalty-push-amid-flight-attendants-

controversial-death

 Norma P. Dollaga (July 03, 2019). Why bringing back the death penalty is not the

solution. Retrieved fromhttps://opinion.inquirer.net/122344/why-bringing-back-the-

death-penalty-is-not-the-solution#:~:text=Death%20penalty%20is%20commonly

%20understood,punishment%20for%20a%20crime%20committed.&text=A%20study

%20by%20Amnesty%20International,victims%20of%20unfair%20legal%20systems.

 Human Rights Watch (2019). Philippines Events of 2019. Retrieved from

https://www.hrw.org/world-report/2020/country-chapters/philippines

 Blaise Cruz (February 5, 2017). Revisiting the death penalty. Retrieved from

https://thelasallian.com/2017/02/05/revisiting-the-death-penalty/

 Ayush Verma (October 3, 2020). Alternatives to capital punishment [Blog post].

Retrieved from https://blog.ipleaders.in/alternatives-capital-punishment/