Crimes With Death Penalty | Such Punishment Not In Force

The Capital Punishment in the Philippines 

Capital punishment, or the death penalty as it is more commonly known, had been part of Philippine Law before the 1987 Constitution was drafted. The death penalty was imposed based on the belief that there were crimes that have been considered to be so evil and grave that forgiveness and rehabilitation could not be extended to the perpetrators of these crimes.

However, initially, the death penalty was abolished during the term of then President Corazon Aquino. Yet, the same was later reinstated only to be prohibited once again.

We shall discuss in this article the evolution death penalty in the Philippines, the different versions of the law, how the law evolved from its predecessor, and how effective were these laws during their imposition. Additionally, we shall likewise tackle how the death penalty laws intertwined with other laws such as the Revised Penal Code.

Republic Act [RA] No. 7659 | The Heinous Crime Law

Republic Act 7659,¹ or officially coined as “An Act To Impose The Death Penalty On Certain Heinous Crimes, Amending For That Purpose The Revised Penal Laws, As Amended, Other Special Penal Laws, And For Other Purposes”, initially just covered thirteen classes of crimes.

But later on, it was expanded to cover forty-six capital offenses. In June of 2002, the death penalty brought 1,007 inmates to the death row at the New Bilibid prison and the Correctional Institution for women, this number included women, minors, and aged.

The Free Legal Assistance Group (FLAG), which is a nationwide group of human rights lawyers, estimated at that time that the numbers could be higher because it did not account for inmates in the provinces who were yet to be transported to the capital. The group also noted that majority of the prisoners were poor and were barely educated.

RA 7659 was the law which instituted the death penalty in 1993. The law covered thirteen classes of crimes, thereby imposing capital punishment against perpetrators of these crimes, which are as follows:

• Treason,
• Piracy in general,
• Piracy and mutiny on the high seas,
• Qualified Piracy,
• Qualified Bribery,
• Parricide,
• Murder,
• Infanticide,
• Kidnapping and Serious Illegal Detention,
• Robbery with Violence against or Intimidation of persons,
• Destructive Arson,
• Rape, and
• Importation, distribution, manufacturing and possession of illegal drugs.

The covered crimes were all considered heinous. That is to say, they are considered to be “grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, 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” as the law puts it.

So why did Congress pass such law? Whereas clauses and the declaration of policies are instructive. By reading the text of the law, the Whereas clauses provide that there was a need to impose death penalty because of the:

“alarming upsurge of such crimes which has resulted not only in the loss of human lives and wanton destruction of property but also affected the nation’s efforts towards sustainable economic development and prosperity while at the same time has undermined the people’s faith in the Government and the latter’s ability to maintain peace and order in the country.”²

Moreover, the law also mentioned that death penalty is necessary for the interest of “justice, public order, the rule of law, and the need to rationalize and harmonize the penal sanctions for heinous crimes.”

RA 7659 affected the Revised Penal Code and other special laws. It either modified, amended, or repealed certain sections in these laws. Let us take a look at the sections in the Revised Penal Code that were affected by RA 7659. In sum, there were at least ten sections in the Revised Penal Code that were affected by RA 7659.

Modified Provisions of the Revised Penal Code

Treason 

First, under Section 2 of RA 7659, Article 114 of the Revised Penal Code is hereby amended to read as follows:

“Art. 114. Treason. – Any Filipino citizen who levies war against the Philippines or adheres to her enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos.³

“No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.⁴

“Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.”⁴

Piracy, Mutiny, and Qualified Piracy

Second, under Section 3 of RA 7659, Section Three, Chapter One, Title One of Book Two of the Revised Penal Code is hereby amended to read as follows:

“Section Three. – Piracy and mutiny on the high seas or in the Philippine waters.⁵

“Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. – The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment or passengers.⁴

“The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.⁴

“Art. 123. Qualified piracy. – The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances:⁴

1. 1. Whenever they have seized a vessel by boarding or firing upon the same;⁴
   2. Whenever the pirates have abandoned their victims without means of saving themselves or;⁴
   3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.”⁴

Qualified Bribery

Under Section 4 of the same law, Article 211 of the Revised Penal Code as amended by adding this provision:⁶

“Art. 211-A. Qualified Bribery. – If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.⁴

“If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.”⁴

Parricide

Under Section 5, the imposition of death penalty for parricide was restored to wit:

“Art. 246. Parricide. – Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.”⁷

Murder

Under Section 6, Murder under Article 248 was likewise modified as follows:

“Art. 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:

1. 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity⁴
   2. In consideration of a price, reward or promise.⁴
   3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin.⁴
   4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.⁴
   5. With evident premeditation.⁴
   6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.”⁴

Infanticide

Under Section 7, Infanticide under Article 255 was likewise modified to wit:

“Art. 255. Infanticide. – The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.⁸

“If any crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal.”⁴

Kidnapping and Serious Illegal Detention

Under Section 8, kidnapping and serious illegal detention under Article 267 was likewise amended:

“Art. 267. Kidnapping and serious illegal detention. – Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:⁹

1. 1. If the kidnapping or detention shall have lasted more than three days.⁴
   2. If it shall have been committed simulating public authority.⁴
   3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.⁴
   4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer.⁴

“The penalty shall be death penalty where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.⁴

“When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.”⁴

Robbery with Violence

Under Section 9, robbery with violence against or intimidation of persons under Article 294 was also modified, to wit:

“Art. 294. Robbery with violence against or intimidation of persons – Penalties. – Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:¹⁰

1. 1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.⁴
   2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision I of Article 263 shall have been inflicted.⁴
   3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.⁴
   4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.⁴
   5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.”⁴

Destructive Arson

Under Section 10, Destructive Arson under Article 320 was likewise amended:

“Art. 320. Destructive Arson. – The penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:¹¹

1. 1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasion.⁴
   2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade, workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.⁴
   3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.⁴
   4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.⁴
   5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.⁴

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion perpetua to death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.⁴

The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:⁴

1. 1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government.⁴
   2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.⁴

If as a consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall be imposed.”⁴

Rape

Under Section 11, the crime of rape under Article 335 was also modified, to wit:

“Art. 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances:¹²

1. 1. By using force or intimidation;⁴
   2. When the woman is deprived of reason or otherwise unconscious; and⁴
   3. When the woman is under twelve years of age or is demented.⁴

The crime of rape shall be punished by reclusion perpetua.⁴

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.⁴

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.⁴

When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.⁴

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.⁴

The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:⁴

1. 1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim.⁴
   2. when the victim is under the custody of the police or military authorities.⁴
   3. when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity.⁴
   4. when the victim is a religious or a child below seven (7) years old.⁴
   5. when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.⁴
   6. when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.⁴
   7. when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation.”⁴

Death Penalty in the Philippines is no longer in force 

However, despite the numerous modifications that RA 7659 has made to some of our laws, death penalty is already outlawed as of today. The death penalty in the Philippines is no longer existing, unless, by law, the Congress revives the same again.

During the term of then President Gloria Macapagal-Arroyo, capital punishment was abolished by signing Republic Act No. 9346,¹³ which was also know as An Act Prohibiting the Imposition of the Death Penalty in the Philippines. Under RA 9346, the penalty of death penalty has been downgraded to life imprisonment.

The imposition of death penalty was premised under one single idea, that the possibility of losing one’s life should be the greatest deterrence of crime, even graver to the possibility of losing one’s freedom. Nevertheless, as the premise of RA 9346 provides, the death penalty did not achieve its goal.

The crime rates during that time did not go down, and more importantly, studies show that there were death row inmates who received the lethal injection whose convictions were incorrect. These mistakes are obviously irreversible, therefore it was reasonable to prohibit the imposition of the same.

Final Thoughts

There are other things that the state can work on to improve the justice system without having to impose the death penalty. We can work on better and more efficient policing and judicial systems, for example, by making sure that cases are resolved more quickly.

Under Article 2(2)¹⁴ of the European Convention of Human Rights clarifies that the right to life is not absolute, that is to say that there are certain circumstances that taking someone’s life may be justified such as in cases of self-defense by law enforcement officials.

But it is worth noting that these are very special circumstances, which means that generally, the right to life should be protected. Just because the right to life is not absolute, it does not mean that we should take death penalty lightly.

It is shown in many studies in a lot of states around the world that death penalty is not an effective deterrent against the commission of crimes. It is important for governments to look into this empirical observation the next time that the issue on death penalty is once again brought up. We cannot make irreversible mistakes like what we have done in the past.

1. RA 7659[↩]
2. Whereas Clause, RA 7659[↩]
3. Section 2, RA 7659[↩]
4. Id.[↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩]
5. Section 3, RA 7659[↩]
6. Section 4, RA 7659[↩]
7. Section 5, RA 7659[↩]
8. Section 7, RA7659[↩]
9. Section 8, RA 7659[↩]
10. Section 9, RA 7659[↩]
11. Section 10, RA 7659[↩]
12. Section 11, RA 7659[↩]
13. RA 9346[↩]
14. European Convention of Human Rights[↩]