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Death Penalty in the Philippines

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A document discussing capital punishment in the Philippines
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  DEATH PENALTY LAW(RA 7659) December 31, 1993 Heinous rimes, !s in irec#$% e&ine '  The crimes punishable by death areheinous for being grievous, odious and hateful offenses and which, by reasonof their inherent or manifest wickedness, viciousness, atrocity and perversityare repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society To ns#!nces W*en De!#* +!% e m-ose (n cons#ruin. R/A/ No/7659 in -!ri m!#eri! i#* #*e RP) W*en' 1.Aggravating circumstances attend the commission of the crime as tomake operative the provision imposing the maximum penalty and !. ther circumstances attend the commission of the crime whichindubitably characterize the same as heinous in contemplation of #.A. $o. %&'( 0us#i&ic!#ion &or #*e m-osi#ion o& #*e De!#* Pen!$#% )Today every man or woman is both an individual person withinherent human rights recognized and protected by the state and acitizen with the duty to serve the common weal and defend and preserve society.)The legislative arm of government enacts criminal laws that defineand punish illegal acts that may be committed by its own subjects,the executive agencies enforce these laws, and the judiciary tries andsentences the criminals in accordance with these laws.  T*e De!#* Pen!$#% is NT ! rue$ !n 2nusu!$ Punis*men#  # isNei#*er 2n4us# nor Ecessie/ )*unishments are cruel when they involve torture or a lingering death, but the punishment of death is not cruel, within the meaning of thatword as used in the constitution. +t implies there something inhumanand barbarous, something more than the mere extinguishment of life. No#e  As long as that penalty remains in the statute books, and as long as our criminal law provides for its imposition in certain cases, it is the duty of  judicial officers to respect and apply the law regardless of their privateopinions. De!#* Pen!$#% is NT !bo$is*e bu# +ERELY 2PENDED )There is really nothing in the -onstitution which expressly declaresthe abolition of the death penalty. )The provision merely says that the death penalty shall not beimposed 2NLE &or com-e$$in. re!sons ino$in. *einouscrimes   #*e on.ress *ere!&#er -roi es &or i#  and, if alreadyimposed, shall be reduced to reclusion perpetua . W*% !-i#!$ Punis*men# *ou$ No# e Abo$is*e ' )+t is infinitely less repulsive than the acts which invoke it. )+f we are to preserve the humane society we will have to retainsufficient strength of character and will to do the unpleasant in order that tranuility and civility may rule comprehensively. our#s *ou$ No# e oncerne Abou# #*e Wis om, E&&ic!c% or+or!$i#% o& L!s )That uestion falls exclusively within the /egislature which enactsthem and the -hief 0xecutive who approves or vetoes them. Theonly function of the judiciary is to interpret the laws and, if not indisharmony with the -onstitution, to apply them. udges may onlyrecommend to the authority or department concerned. W*% De!#* Pen!$#% is m-ose on Heinous rimes )2ecause the perpetrators have committed unforgivably execrable actsthat have so deeply dehumanized a person or criminal acts withseverely destructive effects on the national efforts to lift the massesfrom abject poverty through organized governmental strategies basedon a disciplined and honest citizenry, and )2ecause they have so caused irreparable and substantial injury to both their victim and the society and a repetition of their acts would pose actual threat to the safety of individuals and the survival of government, they must be permanently prevented from doing so. rimes Punis*!b$e %  Reclusion Perpetua  #o De!#* un er RA 7659' 314Treason 3!45ualified piracy 364*arricide3748urder 3'4+nfanticide3&49idnapping and serious illegal detention if attended by any of thefollowing four circumstances 3a4 The victim was detained for more than three days Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010 1 | Patiño !rica  3b4 +t was committed simulating public authority 3c4 :erious physical injuries were inflicted on the victim or threats tokill him were made and 3d4 +f the victim is a minor, except when the accused is any of the parents, female or a public officer 3%4#obbery with homicide, rape or intentional mutilation3;4<estructive arson if what is burned is3a4 ne or more buildings or edifice 3b4 A building where people usually gather 3c4 A train, ship or airplane for public use 3d4 A building or factory in the service of public utilities 3e4 A building for the purpose of concealing or destroying evidence r a crime 3f4 An arsenal, fireworks factory, or government museum3g4 A storehouse or factory of explosive materials located in aninhabited place or regardless of what is burned, if the arson is perpetrated by two or more persons 3(4#ape attended by any of the following circumstances 3a4 The rape is committed with a deadly weapon 3b4 The rape is committed by two or more persons and 3c4 The rape is attempted or frustrated and committed with homicide 31=4*lunder involving at least *'= million 3114+mportation of prohibited drugs31!4:ale, administration, delivery, distribution, andtransportation of  prohibited drugs 31648aintenance of den, dive or resort for users of prohibited drugs 31748anufacture of prohibited drugs31'4*ossession or use of prohibited drugs in certain specified amounts 31&4-ultivation of plants which are sources of prohibited drugs31%4+mportation of regulated drugs31;48anufacture of regulated drugs 31(4:ale, administration, dispensation, delivery, transportation, and distribution of regulated drugs 3!=48aintenance of den, dive, or resort for users of regulated drugs 3!14*ossession or use of regulated drugs in specified amounts 3!!48isappropriation, misapplication or failure to account dangerous drugs confiscated by the arresting officer 3!64*lanting evidence of dangerous drugs in person or immediate vicinity of another to implicate the latter and3!74-arnapping where the owner, driver or occupant of the carnapped motor vehicle is killed or raped +!n !#or% rimes Punis*!b$e % +!n !#or% De!#* Pen!$#% un er RA7659 1.Qualified Bribery )+f a public officer 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 o Pen!$#%'  *enalty for the offense which was not prosecuted.)+f it is the public officer who asks or demands such gift or present o Pen!$#%'  <eath. 2.Kidnapping and serious illegal detention )?hen the kidnapping or detention was committed for the purpose of ransom from the victim or any other person, even if none of thecircumstances were present in the commission of the offense. ircums#!nces' a.<etention shall have lasted more than three days. b.-ommitted simulating public authority.c.:erious physical injuries shall have been inflicted upon the person kidnapped or detained or if threats to kill him shall have been made.d.The person kidnapped or detained shall be a minor, except whenthe accused is any of the parents, female or a public officer.)?hen the victim is killed or dies as a conseuence of the detention or is raped, or is subject to torture or dehumanizing acts @ death shallalso be imposed No#es'A Person +!% be onic#e o& 8r!e oercion A$#*ou.* #*e *!r.eis i n!--in. )?hen the information contains sufficient allegations constitutinggrave coercion and the elements of which were sufficiently proved by the prosecution @ rave -oercion may be the crime imposed. ) E$emen#s o& 8r!e oercion a.That any person is prevented by another from doing something not prohibited by law, or compelled to do something against his or her will, be it right or wrong b.That the prevention or compulsion is effected by violence, either bymaterial force or such a display of it as would produce intimidationand, conseuently, control over the will of the offended party andc.That the person who restrains the will and liberty of another has noright to do so or, in other words, that the restraint is not made under authority of a law or in the exercise of any lawful right. Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010 2 | Patiño !rica  ) n i n!--in.  Ac#u!$ De#en#ion or Loc:in. 2- is !n Essen#i!$E$emen#/ There being no actual detention or confinement, theaccused may be convicted only of grave coercion if the elements aremet. 3.Destructive arson resulting in death4.Rape ith the victi! beco!ing insane rape ith ho!icide and #ualified rape d.?hen by reason or on the occasion of the rape, the victim has become insanee.?hen the victim is under 1; and the offender is a parent, ascendant,step)parent, guardian, relative by consanguinity or affinity within thethird civil degree, or the common)law spouse of the parent or thevictim.f.?hen the victim is under the custody of the police or militaryauthorities.g.?hen the rape is committed in full view of the husband, parent, anyof the children or other relatives within the third degree of consanguinity.h.?hen the victim is a religious or a child below %i.?hen the offender knows that he is afflicted with A+<:. j.?hen committed by any member of the AB* or the *$* or any lawenforcement agency.k.?hen by reason or on the occasion of the rape, the victim hassuffered permanent physical mutilation.C 3:ec. 11 4 No#es' )*rostitutes can be a victim of rape ) W*en Re$!#ions*i- is NT !n A$#ern!#ie ircums#!nce 2n erAr# 15 o& #*e RP o Art 1' Alternative circumstances are those which must betaken into consideration as aggravating or mitigatingaccording to the nature and effects of the crime. o The father)daughter relationship in rape or acts of lasciviousness cases has been treated by -ongress in thenature of a special circumstance which makes the impositionof the death penalty mandatory. o Dence, relationship under Art 1' of the #*-, appreciated asan aggravating circumstance, should no longer be applied / +f relationship were to be appreciated, the penalty imposable onaccused then would not be death, but merely reclusion perpetua. ) W*en #*e &&en er is ! #e- 8r!n -!ren#  He is no#onsi ere !n Ascen !n# o A step)grandparent is obviously neither an CascendantC nor aCstep)parentC of the victim. o *enal statutes are to be liberally construed in favor of theaccused. -ourtEs must not bring cases within the provision of a law which are not clearly embraced by it. 2.$n all the cri!es in R%. &o. '()* in their #ualified for! )?hen in the commission of the crime, advantage was taken by theoffender of his public position 3<eath shall be imposed regardless of mitigating circumstances4)?hen the offense was committed by any person who belongs to anorganized>syndicated crime group ) death penalty shall be imposed. r.!ni;e <%n ic!#e rime 8rou-, e&ine '  A group of two or more persons collaborating, confederating or mutually helping one another for  purposes of gain in the commission of any crime. ===========Rec$usion Per-e#u! is Li.*#er #*!n Li&e m-risonmen#/ ):ince reclusion perpetua  is a lighter penalty than life imprisonment,and considering the rule that criminal statutes with a favorable effectupon the accused have, as to him, a retroactive effect, the penaltyimposable upon the accused should be reclusion perpetua  and notlife imprisonment. Re!son &or Dur!#ion o& Rec$usion Per-e#u! o& 3> or ?> Ye!rs )The duration of 6= years is only to serve as the basis for determiningthe convictEs eligibility for pardon or for the application of the three)fold rule in the service of multiple penalties. W*en #*e Pen!$#% As Amen e % RA 7659 is NT @!or!b$e #o #*eAccuse  #*e $ Pen!$#% *ou$ e Re#!ine )#A %&'( amended the provisions of #A &7!', increasing theimposable penalty. :uch penalty is not favorable to the appellant andshould not be given retroactive effect. )#obbery with Domicide and #obbery with #ape as Amended 2y #A%&'( -A$$ T 2e Applied #etroactively for being 0x *ost Bacto. Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010 | Patiño !rica  To do so would be to subject the accused to the death penalty whichcould not have been constitutionally imposed by the court a uounder the law in effect at the time of the commission of the offenses)*rovisions of #.A. $o. %&'( which are favorable to the accused shall be given retroactive effect pursuant to Article !! of the #*-. D!#e o& E&&ec#ii#% o& RA 7659 !n co-e )#epublic Act $o. %&'( took effect on 61 <ecember 1((6. )The law only applies to crimes defined therein, including rape, whichwere committed after its effectivity. )+t cannot be applied retroactively because, to do so, would go againstthe constitutional prohibition on ex post facto laws. )Bor this reason, in order for the death penalty to be imposable, it isincumbent upon the prosecution to establish beyond a shadow of doubt that the case of the accused is already covered by #epublic Act $o. %&'(. W*% R!-e is ! Heinous rime )+t is the forcible violation of the sexual intimacy of another person. )+t does injury to justice and charity. )+t deeply wounds the respect, freedom, and physical and moralintegrity to which every person has a right. )+t causes grave damage that can mark the victim for life. )+t is always an intrinsically evil act . . . an outrage upon decency anddignity that hurts not only the victim but the society itself. A i#ion!$ No#es nc$u e % 0u .e Pimen#e$ 2n er T*is To-icB E Pos# @!c#o L!, e&ine ' ) That which makes criminal an act before the passage of the law andwhich was innocent when done, and punishes such an act ) That which aggravates a crime, or makes it greater than it was, whencommitted ) That which changes the punishment and inflicts a greater punishmentthan the law annexed to the crime when committed ) That which alters the legal rules of evidence, and authorizes convictionupon less or different testimony than the law reuired at the time of thecommission of the offense ) That which imposes a penalty or deprivation of a right for somethingwhich when done was lawful and ) That which   deprives person accused of a crime of some lawful protection to which he has become entitled, such as the protection of aformer conviction or acuittal, or a proclamation of amnesty. A 88RACATN8   R2+TANE  De$$in. !s !n A..r!!#in. ircums#!nce ) R!#io'  2ecause primarily of the sanctity of privacy the law accords tohuman abode. ) The dwelling need not be owned by the victim. They can be mere guestsof a house. o ne does not lose his right of privacy where he is offended inthe house of another because an invited guest or a housemaid issheltered by the same roof and protected by the same intimacyof life it affords. o +t is, even for a brief moment, ChomeC to him and is entitled torespect. 3  Pp v. Alfeche 4 n Robber% Wi#* Homici e  E&&ec# o& #*e Number o& Persons i$$e ' ) <oes $ T alter characterization of the offense ) 2FT can be appreciated as an aggravating circumstance W*en Abuse o& u-erior #ren.#* is Presen# ) To appreciate abuse of superior strength as an aggravating circumstance,what should be considered is not that there were 6, 7 or more assailantsof 1 victim, 2FT whether the aggressors took advantage of their combined strength in order to consummate the offense. ) +f such was not alleged in the +nformation, abuse of superior strengthcan only be considered as a generic aggravating circumstance. 2se o& +o#or Ce*ic$e !s u!$i&%in. A..r!!#in. ircums#!nce ) The use of a motor vehicle ualifies the killing to murder if the samewas perpetrated by means thereof. E$emen#s o& Ei en# Preme i#!#ion 1.The time when the offender determined to commit the crime !.An act manifestly indicating that the offender had clung to hisdetermination and 6.:ufficient lapse of time between the determination and the execution toallow the offender to reflect on the conseuences of his act. W*en Ni.*##ime is A..r!!#in. Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010 # | Patiño !rica

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Jul 23, 2017

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Jul 23, 2017
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