YBAÑEZ, SHANEL D.

PURPOSIVE COMMUNICATION
BSED MATH 1-1 MS. JOYZE ANN FERRER

SHOULD THE DEATH PENALTY BE REIMPOSE IN THE PHILIPPINES?

The death penalty is nevertheless a government-sanctioned punishment by execution. The

Republic Act No. 7659, which amends other special penal laws, the revised penal laws, as
amended, and other penal laws generally, establishes the death penalty in the Philippines for a
number of heinous crimes. Whereas the crimes subject to the death penalty under this Act are
heinous for being grievous, odious, and hateful offenses and are abhorrent and absurd to the
common standards and norms of decency and morality in a just, civilized, and ordered society due
to their inherent or manifest inhumanity, mercilessness, crime against humanity, and perversity.
Since thousands of years ago, the death penalty has been an immensely controversial issue for
Filipinos and has again come into prominence as a major political issue because of its destructive
as well as its good impacts on the countrymen. Many Filipinos agree that the death penalty would
deter crime because fear would dominate people's minds, especially given the Philippines' rapidly
rising crime rates. On the other hand, people claim that the death penalty naturally infringes upon
the constitutional rights of a human individual and it would also act as a threat to the minority.

The death penalty dates back to the pre-Spanish and Spanish colonial periods when
Filipinos were already using it, albeit infrequently. Figures like public legend Jose Rizal, as well
as Filipino Catholic ministers Mariano Gomez, José Burgos, and Jacinto Zamora (GomBurZa),
were executed by firing squad and garrote, separately. It was also imposed by the Spanish on locals
who rebelled against them, and it continued into the American era. The death penalty was
abolished in the Philippines in 1987, making it the first Asian nation to do so. However, in 1993,
under President Fidel Ramos' administration, it was reinstated to address the rising crime rate. In
2006, Gloria Macapagal-Arroyo signed a law lowering the maximum penalty to life in prison. On
November 20, 2007, the nation subsequently ratified and signed the Second Optional Protocol to
the International Covenant on Civil and Political Rights (ICCPR-OP2), which sought to abolish
the death penalty.
 Due to flaws in the judicial system, the Philippines should not use the death penalty. Due
process is not effective in the Philippines because cases take too long to resolve, whereas most
cases take years to be resolved. The judicial system in the Philippines is very slow. Criminal cases
drag on for too long because of the delays, and as a result, they never get resolved. There are also
too many mistakes in the system, such as having a bad lawyer represent the defendant, having
evidence that is incomplete or lacking, and having witnesses who are not trustworthy. The majority
of cases in which innocent people would be wrongfully convicted would occur if the country
implemented capital punishment. The Philippines' judicial system could be influenced by fraud,
power, money, and influence. It does not matter whether the accused is truly guilty of the crime or
innocent because the decision made by wealthy and powerful men will determine the outcome of
the case. After that, the case would be manipulated through the use of fake witnesses, forged
evidence, or forced confessions. After that, the judge would have to accuse the man of the alleged
crime. As a result, innocent people die without the opportunity for parole or freedom. Act of the
Republic No. According to 7659, a criminal who has been found guilty of a terrible crime in
accordance with the law will be executed. Whether the defendant is found guilty or not, this law
will safeguard his right to testify and demonstrate his innocence. Prior to imposing the death
penalty, the criminal's case is carefully considered. There are numerous factors to demonstrate the
man's guilt and justification for the death penalty, so the Supreme Court's decision cannot be made
immediately.

In a nation where the justice system is currently flawed and biased, the death penalty should
not even be used. Due to our flawed judicial system, it is impractical in the Philippines. A fair
criminal justice system is crucial if the death penalty is to be effective and practical. However,
there are numerous flaws in our nation's criminal justice system, including shoddy police work,
coerced confessions, inadequate defense counsel, false testimony, and trial court decisions based
on evidence that appears to be inconclusive. Additionally, the Supreme Court committed 72%
judicial errors in a 2004 decision. When the country's judiciary is incompetent and ineffective,
how can the death penalty be used in practice? We must address the persistent problem of
impunity. Law and order are disrupted as a result of inadequate law enforcement. The facts confirm
that criminal cases take too long to possibly be settled, it isn't because the crook cases are
cautiously being handled rather it is because there are such a large number of criminal cases that
simply continue stacking up without being settled. This demonstrates that the criminal justice
system is unable to effectively and efficiently handle criminal cases. Even President Aquino
declared that the justice system would not be perfected until then. In addition, the majority of
defendants facing the death penalty do not even have well-represented attorneys at their trials,
making it unfair for them because they stand a greater chance of receiving the death penalty. The
released data demonstrated that there was a wrongful conviction rate of 72%, despite the fact that
the Supreme Court acknowledged that it had its fair share of miscarriages of justice while the death
penalty was in place.

Capital punishment isn't functional in the Philippines since it goes against the way of life
of most Filipinos. We hold the belief that life is valuable. In a sense, people want the death penalty
because we don't want people to be killed, but we force them to. We may argue that heinous crimes
should only be eligible for the death penalty; however, at the end of the day, we are aware of the
crimes for which severe punishment is necessary; however, do we have sufficient knowledge to
determine which life should be taken and when? In addition, the PSA estimates that poverty among
Filipinos will rise to 18.1% in the first half of 2021, up from 16.7% in 2018. This simply isn't
compatible with our economy. We can say that poverty is everywhere based on this and how we
see our country. People in the Philippines are willing to do whatever it takes to feed their families,
even if it means doing dirty work and being punished, making the death penalty extremely
impractical. In times of crisis, emotions take precedence over rational thought. A survey conducted
in 2004 found that the majority of the Philippines' 1,121 death row inmates were aware of the death
penalty prior to their crimes. It is evident that the death penalty has little to no deterrent effect.

The Philippines' legal system and economy are still not ready for the death penalty, so it is
not practical to use it. However, it will never improve our nation. We choose to use the death
penalty to keep criminals out of our country, but imprisonment can do the same thing. Rather than
killing them, for what reason don't we have them for exceptional work that could be useful to us
in numerous ways very much like the Palawan-Iwahig Jail and Correctional Ranch where detainees
are made to chip away at ranches? As a result, we are not only avoiding the stigma of murder but
also doing something that has the potential to practically benefit our economy.
REFERENCES

A timeline of death penalty in the Philippines. (2006, April 18). The PCIJ Blog. Retrieved
December 11, 2022, from https://old.pcij.org/blog/2006/04/18/a-timeline-of-death-
penalty-in-the-philippines

Philippines and the Death Penalty. (n.d.). Parliamentarians for Global Action - Mobilizing
Legislators as Champions for Human Rights, Democracy and a Sustainable World.
Retrieved December 11, 2022, from https://www.pgaction.org/ilhr/adp/phl.html

Proportion of Poor Filipinos was Recorded at 18.1 Percent in 2021 | Philippine Statistics Authority.
(2022, August 15). Proportion of Poor Filipinos Was Recorded at 18.1 Percent in 2021 |
Philippine Statistics Authority. Retrieved December 11, 2022, from
https://psa.gov.ph/content/proportion-poor-filipinos-was-recorded-181-percent-2021

Yuching. (2022, October 10). FAST FACTS: Death penalty in the world and in the Philippines.
RAPPLER. Retrieved December 11, 2022, from https://www.rappler.com/nation/things-
to-know-death-penalty-philippines-worldwide/