BRIEF OVERVIEW

RA NO. 7659 (IMPOSITION OF

DEATH PENALTY)

RA NO. 8177 (IRR OF LETHAL

INJECTION AMENDING RA NO.
7659 AS CAPITAL PUNISHMENT)

RA 9346 (AN ACT PROHIBITING

THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES)
 TIMELINE OF SUSPENSION of RA NO. 7659 until AMENDED
by RA NO. 8177 AND both RA’s REPEALED by the RA 9346

PRESIDENT JOSEPH
ESTRADA President Gloria
PRESIDENT
BETWEEN 1946 CORAZON AQUINO MARCH 1996 Macapagal Arroyo
AND 1965 (FIRST SUSPENSION PRESIDENT RAMOS
(RA NO. 8177 DEATH December 2003
(MARCOS FROM 1987 TO 1993) PENALTY THROUGH
DECEMBER 1993 LETHAL INJECTION
REGIME) AMENDED RA NO. 7659) de-facto moratorium on
(re-imposition of death
“the death penalty penalty as capital executions
shall not be imposed punishment)
35 convicts were 1999-2000 (seven
unless for compelling inmates were put to April 2006 (commuted 1230
executed due to reasons involving death) death rows, SECOND
heinous crimes, the Congress passed RA
“senseless No. 7659, The Death SUSPENSION)
depravity” or Congress hereafter
provides for it. Any Penalty Law
“extreme criminal First to be executed;
death penalty already June 2006 (signed RA NO
perversity.” imposed shall be
Leo Echegaray, on Feb.
9, 1999 9346, abolishing death
reduced to reclusion penalty)
perpetua”
 METHODS AND CASES INVOLVED
• SPANISH COLONIAL
a.) Firing Squad especially for those military crimes/ treason- it happens for those who fight independence
CASE OF JOSE RIZAL (December 30, 1896)
b.) Garotte/ hanging(the most popular method) – notable case for GOMBURZA
• UNITED STATES’ COLONIAL INSULAR GOVERNMENT
a.) Electric Chair, 1926 – it was introduced in the Philippines and was used by GOV.- GEN. THEODORE
ROOSEVELT, Jr. in Feb. 1932 (colonial execution)
• 1946-1986
a.) Electrocution- to kill through Electric Shock
CASE OFJULIO GULLIEN – executed for attempting to assassinate Pres. Manuel Roxas
CASE OF MARCIAL “Baby” AMA (16 y/o) – October 4, 1961, electrocuted for murders committed while
in prison.
** 1961 ( 51 People were electrocuted-tabulated since 1946)
CASE OF FERDINAND MARCOS- sentenced himself to death in 1939 for the murder of Julio
Nalundasan (pol. rival of his father) though HE WAS ACQUITTED ON APPEAL.
CASE OF JAIME JOSE, BASILIO PINEDA & EDGARDO AQUINO- electrocuted for the 1967
abduction and gang- rape of young actress Maggie dela Riva (May 1972, broadcasted in
television)
** MARCOS REGIME (1972) – death through firing squad
CASE OF LIM SENG – drug trafficking, (December 1972, broadcasted in the television)
• PRES. RAMOS ,a.) 1993- electric chair until the gas chamber (chosen by the government replacing electrocution)
• PRES. JOSEPH ESTRADA
a.) Lethal Injection- 1999
CASE OF LEO ECHEGARAY- raped her daughter (Feb. 9, 1999)
CASE OF ALEX BARTOLOME- raping his daughter more than 100 times over two years, starting when
she was 16 (Jan. 4, 2000)
 REPUBLIC ACT NO.
7659
(December 13, 1993)
An Act To Impose The Death
Penalty On Certain Heinous
Crimes, Amending For That
Purpose The Revised Penal
Code As Amended, Other Special
Penal Laws And For Other
Purposes
 IMPOSITION OF
DEATH PENALTY
“Excessive fines shall not be imposed
nor cruel, degrading or inhuman
punishment inflicted. Neither shall
death penalty be imposed, unless, for
compelling reasons involving
HEINOUS CRIMES, the Congress
hereafter provides for it. . .”;

 Article III, Section 19 paragraph (1) of the 1987

CONSTITUTION of the Philippines
 WHY THIS ACT IS ESTABLISED??

CRIMES PUNISHABLE BY DEATH UNDER THIS ACT

ARE HENIOUS FOR BEING

wickedness viciousness atrocity perversity outrageous

by reason of their inherent or manifest

odious grievous hateful

offenses
 common standards and
 norms of decency and
 morality in a just (civilized and ordered society)
 OBJECTIVE
• To address the alarming upsurge crimes
that results to:
a.) loss of human lives and wants on the
destruction of property

b.) the affected nation’s efforts toward

sustainable economic development and
prosperity

c.) undermined people’s faith in Gov’t and

latter’s ability to maintain peace and order
in the country
 WHY IS IT TO BE
IMPOSED?
To rationalize and harmonize penal
sanctions for heinous crimes.
(Congress, Justices, Rule of Law and Public
Order)
 TOTAL NUMBER OF THE PUNISHABLE
CRIMES UNDER RA NO. 7659
The law listed a total of 46 CRIMES punishable by
DEATH.

Over the years, a number of new RAs and

amendments to existing ones (8177, 8353 and 9165)
further defined those acts punishable by death
resulting in 52 CAPITAL OFFENSES, 30 OF WHICH
WERE DEATH-MANDATORY and 22 DEATH-
ELIGIBLE.
 LIST OF HEINOUS CRIMES
• murder,
• rape,
• big-time drug trafficking,
• kidnapping for ransom,
• treason,
• piracy,
• qualified bribery,
• parricide,
• infanticide,
• plunder,
• kidnapping
• and serious illegal detention,
• robbery with violence or intimidation,
• qualified vehicle theft and
• arson.
 HEINOUS CRIMES AND PENALTIES UNDER
RA NO. 7659
CRIMES PENALTIES
1 Art. 114. Treason Reclusion perpetua to death and a fine not exceeding 10,000 php
2 Art. 122 Piracy and general mutiny on the Philippine High Reclusion perpetua
Seas
3 Art. 123. Qualified Piracy Reclusion perpetua to death
4 Art. 211-A Qualified Bribery reclusion perpetua/ death
5 Art. 246. Parricide Reclusion perpetua to death
6 Art. 248. Murder Reclusion perpetua to death
7 Art. 255. Infanticide prision mayor (medium and maximum periods), Reclusion Temporal)
8 Art. 267. Kidnapping and serious illegal detention. Reclusion perpetua to death

9 Art. 320. Destructive Arson Reclusion perpetua to death

10 Art. 335. When and how rape is committed. reclusion perpetua/ reclusion perpetua to death/ death penalty

11 Section 2 of Republic Act No. 7080 (An Act Defining and reclusion perpetua to death and a fine of 50 million php
Penalizing the Crime of Plunder)

12 Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act reclusion perpetua to death and a fine ranging from
No. 6425, as amended, known as the Dangerous Drugs 500,000 php to 10,000,000 php
Act 1972

13 Sections 14, 14-A, and 15 of Article III of Republic Act No. reclusion perpetua to death and a fine ranging from
6425, as amended, known as the Dangerous Drugs Act of 500,000 php to 10,000,000 php
1972

14 Section 15 of Article III of Republic Act No. 6425, as reclusion perpetua to death and a fine ranging from 500,000 php to 10,000,000
amended, known as the Dangerous Drug Act of 1972 php

15 Section 16 of Article III of Republic Act No. 6425, as reclusion perpetua to death and a fine ranging from 500,000 php to 10,000,000
amended, known as the Dangerous Drugs Act of 1972, php

17 Sec. 20-A. Plea-bargaining Provisions reclusion perpetua to death

18 . Sec. 14 of Republic Act No. 6539, as amended, known as imprisonment for not less than seventeen years and four months and not more
the Anti-Carnapping Act of 1972, than thirty years
 WHO, HOW AND WHEN THE DEATH PENALTY IS TO BE
EXECUTED:
Death sentence
Executed with preference to any other and consist in putting the person
under sentence to death by electrocution.

 Who will execute:

The death sentence shall be executed under the authority of the Director
of Prisons.

 How the death penalty is executed:

a) If the person under sentence so desires, he shall be anaesthetized at the
moment of the execution.
b) As soon as facilities are provided by the Bureau of Prisons, the method of
carrying out the sentence shall be changed to gas poisoning.

 When is the execution of death penalty?

The death sentence shall be carried out not later than one (1) year
after the judgment has become final.

 ARTICLE 81 OF THE REVISED PENAL CODE.

 IN WHAT CASES THE DEATH PENALTY
SHALL NOT BE IMPOSED
1.)when the guilty person is below eighteen (18) years of age at
the time of the commission of the crime or is
2.) more than seventy years of age or
3.)when upon appeal or
4.)automatic review of the case by the Supreme Court
** if majority vote not obtained for the imposition of the death
penalty, then penalty shall be reclusion perpetua.

Automatic review process: death penalty is imposed by the trial

court (record) will be forwarded to the SC for automatic review and be
judged by the Court en banc, within 20 days but not earlier 15 days after
promulgation of judgment or notice of the denial of any motion for new
trial or reconsideration. The transcript shall also be forwarded within
ten (10) days from the filing thereof by the stenographic reporter.

ARTICLE 47, REVISED PENAL CODE

 SUSPENSION OF THE EXECUTION OF THE DEATH
SENTENCE
Death shall not be inflicted to:
a)Woman who is pregnant or within one year after delivery
b)Person who is over seventy years of age
NOTE: In latter case, the death sentence shall be
commuted to the penalty of RECLUSION PERPETUA with the
accessory penalties provided in Article 40.

How to finalize the death penalty inflicted to a person:

•In all cases where the death sentence has become final, the
records of the case shall be forwarded immediately by the
Supreme Court to the Office of the President for possible
exercise of the pardoning power.

ARTICLE 83 of the Revised Penal Code

 REPUBLIC ACT
NO. 8177
MARCH 20, 1996

An Act Designating Death

By Lethal Injection As The
Method Of Carrying Out
Capital Punishment,
Amending For The Purpose
Article 81 Of The Revised
Penal Code, As Amended
By Section 24 Of Republic
Act No. 7659

(Sgd.)
TEOFISTO T. GUINGONA, JR.
Secretary of Justice
 OBJECTIVE

These Rules seek to ensure the orderly and

humane execution of the death penalty by
lethal injection.
 DEFINITION OF TERMS

a)'DEATH CONVICT' OR 'CONVICT' shall refer to a prisoner whose death penalty

imposed by REGIONAL TRIAL COURT IS AFFIRMED BY THE SUPREME COURT EN
BANC;

b)'LETHAL INJECTION' refers to sodium thiopenthotal, pancuronium

bromide, potassium chloride and such other lethal substances as may
be specified by the Director of Corrections that will be administered
intravenously into the body of a convict until said convict is pronounced
dead;

c)'BUREAU' refers to the Bureau of Corrections;

d)'DIRECTOR' refers to the Director of the Bureau of Corrections;

e)'SECRETARY' refers to the Secretary of the Department of Justice.

PRINCIPLES FOR THE IMPLEMENTATION OF
RULES
a. No discrimination( treatment of a death convict
on account of race, color, religion, language, politics,
nationality, social origin, property, birth or other status).

b. Execution of death penalty, the death convict shall be

spared (unnecessary anxiety or distress).

c. Religious belief of the death convict shall be respected

 CONFINEMENT
 Confined in an individual cell in building designated for the
death convict.

 Provided things are the following;

a) bunk
b) a steel/wooden bed or mat
c) pillow or blanket
d) mosquito net

Note:
 male inmates condemned to death were held at New Bilibid
Prison
 female inmates condemned to death were held at Correctional
Institution for Women (Mandaluyong)
 SERVICES PROVIDED INSIDE OF THE PRISON CELL PRIOR TO THE
EXECUTION OF LETHAL INJECTION

Availability of all resources

(to encourage and enhance self-respect and dignity)

a. MEDICAL AND DENTAL

**prison hospital

b. RELIGIOUS, GUIDANCE AND COUNSELING

** RELIGIOUS SERVICES- visited by the priest or minister of his faith and
given such available religious materials which he may require. (security
conditions sustained)

c. EXERCISE- enjoy regular exercises (supervision of a guard)

SERVICES PROVIDED INSIDE OF THE PRISON CELL PRIOR TO
THE EXECUTION OF LETHAL INJECTION

d. VISITATION
**WHO MAY VISIT: immediate family and reputable friends (regular
intervals and during designated hours)

**LIST OF VISITORS: (shall be compiled and maintained by the

prison authorities )
1.) immediate family (parents, step parents, foster parents, brothers
and sisters, wife or husband and children)

2.) upon the request of convict (grandparents, aunts, uncles, in-laws

and cousins)

3.) after the investigation; raise the morale of the convict (other
visitors)
SERVICES PROVIDED INSIDE OF THE PRISON CELL PRIOR TO
THE EXECUTION OF LETHAL INJECTION

e. MAIL
**sending and receiving mail (controlled to prevent illicit
communication and mail is censored in accordance with prison
rules).

f.) MEAL SERVICES

**meals are served individually, utensils are made of plastics
(after each meal utensils are collected and accounted).
 DO’S AND DON’TS BEFORE THE EXECUTION
DO
 a death convict is allowed to leave prison cell
(life-threatening situation or serious
ailments)
 Witness for the execution: priest or ministers,
lawyers of the offender, physician, necessary
personnel of the penal institution, relatives
(not exceeding six) and persons that the
Director may authorize
 Director’s action: one who authorizes all the
activities and execution for the death convict
 Administration of the lethal injection (person
must be designated by the Director)
 In court appearance, judge requires the
appearance or attendance of a convict (any
judicial proceedings and within the premise
where the convict is confined)
DON’TS
o Interview through a tv, radio and other
media is not allowed (death convict)
o Witness for the execution: below 18 years
old (not allowed) and those makes
unnecessary noise or display improper or
rude behavior during execution (expelled
from the lethal injection chamber).
o In terms of recording, the Director should
not allow visual, sound or other recording
of the actual execution by media or by
any private person or group.
o The person who administered the lethal
injection must be kept secret.
o In court appearance, the death convict
shall not be brought outside the penal
institution where he confined for
appearance (except when SC authorize it)
HOW THE LETHAL INJECTION IS ADMINISTERED

 Who authorizes it?

**The authorization of Director (execution of the
lethal injection; to mitigate the sufferings of the death
convict).

 Who executes it?

**A person who is designated by the Director.
(physician and prison personnel being trained )
 EXECUTION PROCEDURE

HOW:
a)Director (designates a person to inject lethal drugs)

b)Notificationto the convict: The Court designates a working day for the death penalty not
an hour. (not later 8 hours before the sunset and day of execution)

c)Assistance to the convict: The convict may request a priest/ minister, make a will for the
family members- business and his property and consult his lawyers (between the
notification and execution)

d)Quantity and purchasing of the drug for lethal injection: exact quantity of lethal drug,
purchase (10) ten days before the date of execution

e)Manual: contains detail of procedure before and after administering the lethal injection
(prepared by the Director)- confidential and distributed to authorized personnel.
 EXECUTION PROCEDURE

WHERE:
A space designated by the Director within the prison establishment
(closed to public view).

WHEN:
If the death sentence is final and executory; carried out earlier 1 year
not later than 18 months (without the prejudice of executive
clemency of the President at all times).
 SUSPENSION OF THE EXECUTION OF
THE DEATH SENTENCE

Lethal injection shall not be inflicted to:

a)A woman within the 3 years next following the date of
sentence or while she is pregnant.

b)Person who is over seventy years of age

NOTE: In latter case, the death sentence shall be commuted to

the penalty of RECLUSION PERPETUA with the accessory penalties
provided in Article 40.
 Republic Act No. 9346
June 24, 2006
AN ACT PROHIBITING THE IMPOSITION
OF DEATH PENALTY IN THE
PHILIPPINES

The imposition of the penalty of death is hereby prohibited.

Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-
Seven (R.A. No. 8177), otherwise known as the Act Designating Death
by Lethal Injection is hereby repealed. Republic Act No. Seven
Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as
the Death Penalty Law, and all other laws, executive orders and decrees,
insofar as they impose the death penalty are hereby repealed or amended
accordingly.

APPROVED BY: PRES. GLORIA MACAPAGAL ARROYO

(a) the penalty of reclusion perpetua, when the law violated makes
use of the nomenclature of the penalties of the Revised Penal
Code; or
(b) the penalty of life imprisonment, when the law violated does not
make use of the nomenclature of the penalties of the Revised Penal
Code.

NOTE:
 Convicts punished with reclusion perpetua or reduced to reclusion perpetua-
not eligible for parole or RA NO. 4180 or Indeterminate Sentence Law.

 Board of Pardons and Parole: names of persons convicted of offenses

punished with reclusion perpetua or life imprisonment by reason of
this act and recommended for commutation or pardon ( publication at
least once a week for 3 consecutive weeks in general circulation).
 Arroyo said the death penalty should be
abolished because it had not proven to be a
deterrent to crime and had become a dead-
letter law. RA 9346 downgraded the death
penalty to life imprisonment
“No judiciary, anywhere in the world, is so robust that it can
guarantee that innocent life will not be taken, and there is an
alarming body of evidence to indicate that even well-
functioning legal systems have sentenced to death men and
women who were subsequently proven innocent.”—

ZeidRa’ad Al Hussein, United Nations High Commissioner for

Human Rights
Article 47& Article 83 1. The death penalty shall not be
imposed in all cases in which it
existing laws:

1. Under the Art. 47 of a.) When the accused is less than 18

RA 7659, the death yrs. of age at the time of the
commission of the offense;
penalty shall be
imposed in all cases in b.)when the accused is more than 70
which it must be yrs. of age already;

imposed under c.) when upon appeal or automatic

existing laws. What are review of the case by the Supreme
Court, the required majority vote for
the exceptions to the the imposition of the death penalty is
imposition the death not obtained.

penalty?

Death Penalty; Heinous Crime
1.
a.) When was constitutional
proscription against the
imposition of the death penalty
lifted?
b.) When is the execution of the
death penalty suspended under
the Revised Penal Code?
c.) When is the death penalty
commute under the same Code?
a.) The constitutional proscription against the imposition
of the death penalty was lifted with the enactment of RA
7659, otherwise known as the Heinous Crimes Law, which
took effect (15) days after publication on December 16,
1993, that is on December 31, 1993 (People vs. Martin
Simon, 234 SCRA 555)
b.) Death penalty shall not be executed:
1) upon a woman within three years date of the sentence,
2.) while she is pregnant,
3.)upon a person over 70 years (Art. 83 RPC), or
4.) upon a convict who becomes insane after final
sentence (Art. 79, RPC)
c.) When the convict reaches the age of 70 years the
death sentence is commuted reclusion perpetua (Art. 83,
RPC)
What are a. Treason
b. Qualified Piracy

heinous c. Qualified Bribery

d. Parricide

crimes? e. Murder
f. Kidnapping and Serious Detention
g. Robbery with Homicide
h. Destructive Arson
i. Rape committed by two or more
person, or with a deadly weapon or
with homicide
j. Plunder

Heinous Crimes Law (2010)
Because of the barbarity and hideousness
of the acts committed by the
suspects/respondents in cutting off their
victims’ appendages, stuffing their torsos,
legs, body parts into oil drums and bullet-
riddled vehicles and later on burying these
oil drums, vehicles with the use of backhoes
and other earth-moving machinery, the
Commission on Human Rights (CHR)
investigating team recommended to the
panel of public prosecutors that all
respondents be charged with violation of the
"Heinous Crimes Law." The prosecution
panel agreed with the CHR. As the Chief
Prosecutor tasked with approving the filing
of the Information, how will you pass upon
the recommendation? Explain.
SUGGESTED ANSWER: The CHR is correct in
describing the crime committed as “heinous
crimes”, as defined in the preamble of the
“Henious Crimes Law” (Rep. Act No. 7659),
despite the passage of Rep. Act No. 9346
prohibiting the imposition of the death penalty.
However, the “Henious Crimes Law” does not
define crimes; it is only an amendatory law
increasing the penalty for the crime specified
therein as heinous, to a maximum of death.
Thus, the heinous crime committed shall be
prosecuted under the penal law they are
respectively defined and penalized, such as the
Revised Penal Code as the case may be. The
circumstances making the crimes heinous may
be alleged as qualifying or generic aggravating, if
proper. The crime shall be designated as defined
and punished under the penal law violated and
the penalty shall be reclusion perpetua without
the benefit of parole, as the case may be in lieu
of the death penalty.