Death Penalty
The Philippine Experience in ‘Abolishing’ the Death Penalty1 Commission on Human Rights of the Philippines January 2007
This paper seeks to trace the history of the imposition of the death penalty and revisit the events that transpired leading up to the ‘prohibition of the imposition of death penalty’ in the Philippines and relate the strategies that have been undertaken by the Commission on Human Rights as a national human rights institution in its campaign against the Death Penalty. The Death Penalty was “abolished” under the 1987 Constitution and became the first Asian country to abolish the death penalty for all crimes. The Philippines holds the distinction of the first country in Asia to totally abolish the death penalty only to directly 2 reintroduce it later on. Bernas in his ‘The Constitution of the Republic of the Philippines, A Commentary’ relates the debates on the issue of death penalty: The constitutional abolition of the death penalty, which immediately took effect upon ratification of this Constitution, does not prevent the legislation from re-imposing it at some future time. The 1987 Constitution reads in Article III, section 19(1) that effective upon its ratification: ‘The death penalty shall not 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’ The intention of the above provision as recorded in the annals of the Constitutional Commission was that ‘…upon ratification of this Constitution, death already imposed is automatically— without need for any action of the president—commuted3.
1
Prepared by the Government Linkages Office of the Commission on Human Rights of the Philippines. This newly created office undertakes cooperation as a mode of engagement with the executive, legislative and judiciary branches of government in respect of the Commissions mandate to monitor government compliance with human rights treaty
This paper seeks to trace the history of the imposition of the death penalty and revisit the events that transpired leading up to the ‘prohibition of the imposition of death penalty’ in the Philippines and relate the strategies that have been undertaken by the Commission on Human Rights as a national human rights institution in its campaign against the Death Penalty. The Death Penalty was “abolished” under the 1987 Constitution and became the first Asian country to abolish the death penalty for all crimes. The Philippines holds the distinction of the first country in Asia to totally abolish the death penalty only to directly 2 reintroduce it later on. Bernas in his ‘The Constitution of the Republic of the Philippines, A Commentary’ relates the debates on the issue of death penalty: The constitutional abolition of the death penalty, which immediately took effect upon ratification of this Constitution, does not prevent the legislation from re-imposing it at some future time. The 1987 Constitution reads in Article III, section 19(1) that effective upon its ratification: ‘The death penalty shall not 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’ The intention of the above provision as recorded in the annals of the Constitutional Commission was that ‘…upon ratification of this Constitution, death already imposed is automatically— without need for any action of the president—commuted3.
1
Prepared by the Government Linkages Office of the Commission on Human Rights of the Philippines. This newly created office undertakes cooperation as a mode of engagement with the executive, legislative and judiciary branches of government in respect of the Commissions mandate to monitor government compliance with human rights treaty