Death Penalty

History, Related Laws and Implementing Rules and

Procedure
History of the Death
Penalty
1896
Philippines made use of shooting as
means of execution method.
1926
Electric chair was introduced by
United States Colonial
government.
1946-1986
• The capital crimes after regaining full
independence were murder, rape and
treason.
• Under the dictatorship of President
Marcos, drug trafficking became
punishable with death by firing squad.
1987
Philippines was the first Asian country to
abolish death penalty under President
Corazon Aquino.
1993
The new law, drafted by Ramos restored
capital punishment by defining “heinous
crimes” as everything from murder to
stealing a car.
Constitutional Provision
Art. III, Section 19
 1987 Constitution of the Philippines
Article III, Section 19
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 it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

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.
RA. 7659
Death Penalty Law
 RA. 7659
In December 1993, President Fidel V. Ramos
administration re-imposed the death penalty under Republic
Act 7659 adopted by Congress.

Heinous Crimes are those which are punishable by death for

being grievous and hateful offenses and which viciousness,
atrocity and perversity are repugnant and outrageous to the
common standards and norms of decency and morality in a
just, civilized and ordered society.
 Heinous Crimes
Treason
Qualified Piracy
Qualified Bribery
Parricide
Murder
Infanticide
Kidnapping and serious illegal detention
Robbery with homicide, rape and intentional mutilation or
ranson
 Heinous Crimes
Destructive Arson

Rape (Anti-Rape Law of 1997)

Plunder (RA 7080, as amended by RA 7659)

Dangerous Drugs Act of 1972 (RA 6425, as amended by RA

7959)

Carnapping (RA 6539, as amended by RA 7659)

 Method of Execution
It shall consists of putting the person sentenced
to death by electrocution.
If the person so desires, he shall be
anaesthetized at the moment of the execution.
 Suspension of Execution
When a woman is pregnant or within one (1)
year after the delivery.
Any person over seventy (70) years of age.
RA. 8177
Implementing Rules and Regulations
 Principles
There shall be no discrimination in the treatment of
a death convict on account of race, color, religion,
language, politics, nationality, social origin, property,
birth or other status.
In the execution of a death penalty, the death
convict shall be spared from unnecessary anxiety or
distress.
The religious beliefs of the death convict shall be
respected.
 Prison Services
Medical and Dental
Religious, Guidance and Counseling
Exercise
Visitation
Mail
 Confinement
Whenever practicable, the death convict
shall be confined in an individual cell in a
building exclusively assigned for the use of
death convicts. The convict shall be
provided with a bunk, a steel/wooden bed
or mat, a pillow or blanket and mosquito
net.
 Meal Services
Meals shall, whenever practicable, be
served individually to a death convict
inside his cell. Mess utensils shall
made of plastic. After each meal, said
utensils shall be collected and
accounted.
 Visitors

Immediate Family
Reputable Friends
 Outside Movements
Diagnosis for a life-threatening situation
or treatment of a serious ailment.
Court appearances authorized by the
Supreme Court.
Administration of Lethal Injection
It shall be designated on a working day
but not the hour thereof.
During the interval between the
notification and execution have the
assistance as he may request. (Ex. Priest or
Minister of his religion and lawyers)
 Suspension of Execution
A woman while she is pregnant or within
one (1) year after delivery.
Any person over seventy (70) years of age.
Any person below the age of eighteen (18)
years of age.
 Lethal Injection
Lethal Injection uses a combination of three drugs.
• The first drug is the Sodium Thiopental, which puts
the inmate into a deep sleep in just a matter of
seconds.
• The second drug, Pancoronium Bromide then
paralyzes the diaphragm and lungs within three (3)
minutes after being injected.
• The third drug, Potassium Chloride, induces cardiac
arrest.
 Execution Procedure
The sequence of events before and after
administration of lethal injection
 Setting up the IV.
 Administration of the lethal drugs.
 Pronouncement of death
 Removal of IV.
 Quantity and Safekeeping
The drug should be purchased by the
Director.
It should be kept securely in the office of
the superintendent.
Unused drugs shall be inventoried and
disposed.
 Persons Who May Witness
The execution of a death convict shall be
witnessed only by:
Priest or Minister
Lawyers
Relatives (not exceeding 6)
Physician
Necessary personnel of the penal establishment
Persons who may authorize such as the Director
 Disposition of Corpse
Unless claimed by his family, the corpse of
a death convict shall be turned over to an
institution of learning or scientific
research.
The Director shall order the burial of the
body of the convict at government
expense, granting permission from the
members of the family and friends of the
convict.
RA. 9346
An Act Prohibiting The Imposition of Death Penalty
 History
In 1999, President Estrada has seven
death row convicts executed through
lethal injection which was reportedly
intended to abate rising criminality.
In March 2000, President Estrada issued a
temporary moratorium to mark the
Christian Jubilee Year.
 History
In April 2006, President Arroyo
commuted the sentences of 1,230 death
row and ultimately signed RA 9346 in
June 2006.
 RA. 9346
It was signed by President Gloria
Macapagal Arroyo, in June 2006 which
abolished the use of capital punishment.
Death penalty was replaced by life
imprisonment and reclusion perpetua.
 RA. 9346
Person convicted of offenses punished
with reclusion perpetua, or whose
sentences will be reduced to reclusion
perpetua shall not be eligible for parole.
 RA. 9346
The Boards of Pardons and Parole shall
publish at least once a week for three
consecutive weeks in a news paper of
general circulation the names of persons
convicted of offenses punished with
reclusion perpetua or life imprisonment.
Or those who are considered or
recommended for commutation or
pardon.