1.

Based on Philippines laws and jurisprudence; Is it legal and constitutional to restore

death penalty in the Philippines? Please state your basis and explain. 

According to the 1987 Philippine Constitution, it is legal and constitutional to restore

death penalty in the Philippines.
Article III Section 19 of the Constitution states that

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

(2) 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.

The Congress may impose death penalty if it satisfies the Constitution laid in the
Constitution “…unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it…”

Basing on the aforementioned provision, the Constitution does not entirely prohibits the
imposition of death penalty for it provide for exception.

2. Based on current events and facts; Should death penalty be restored in the
Philippines? Please state your basis and explain. 

No. Death penalty shall not be restored. The Constitution had already provided for
numerous laws to sanction the accused and thereafter created other laws in order to
punish the law violator.

According to the Commission on Human Rights, reintroduction of death penalty

would violate international obligations made under the International
Covenant on Civil and Political Rights and its Second Optional Protocol.
It does not improve crime rates in countries that retain it, and it also
creates further “problems in the disadvantaged, marginalized and
vulnerable sectors of society.”

It may also give way to the Cobra effect that instead of actually solving
the problem, it reinforces it. It may only look likes it on the surface but it
was actually not the case.

3. Based on your life now. Are you having fun in Law school? If NO, why? If YES, are
you sure? IF NOT SURE, why? IF SURE, Draw your happy face.