History has already proven the existence of capital punishment. People have mixed reactions and opinions regarding death penalty. Some consider death penalty to be a way to curb crimes while others are sceptical with the idea especially as the fact remains that the law still appears toothless. During the pre-Spanish era, Filipinos have already practiced the death penalty. However, it was only an infrequent practice limited to flogging, fines and slavery. The most common form of death sentence at the time was hanging and decapitation. Prior to abolishing death penalty, the Philippines had the world’s largest death row population.
Although the Pangilinan Law puts an exemption to minors who commit crimes with impunity, there was a time when the country could legally execute a minor. This is due to the belief that minors were considered adults at the time. The minor offender who earned death sentence was Marcial “Baby” Ama who was only 16 years old when he was sentenced to death via electric chair. The legal ages for men and women at the time were 16 and 14 respectively.
The death penalty was abolished during former President Corazon Aquino’s administration and restored in 1993 during the Ramos administration. Under Republic Act No. 7659, there are 46 crimes considered to be punishable by death. The death sentence would be carried out through lethal injection. In 1998, Leo Echegaray was executed for raping his step daughter. The execution was followed by six executions for heinous crimes. Death penalty was abolished by the Arroyo administration in 2001.
Death penalty was on hiatus for more than two decades and presumptive President Rodrigo Duterte considers re-imposing it. The restoration of death penalty has sparked endless debates especially when it comes to improving judicial system.
"Art. 81. When and how the death penalty is to be executed. - The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution.
"If the person under sentence so desires, he shall be anaesthesized at the moment of the execution.
"As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.
"The death sentence shall be carried out not later than one (1) year after the judgment has become final."
Sec. 25. Article 83 of the same Code is hereby amended to read as follows:
"Art. 83. Suspension of the execution of the death sentence. - The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.
"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."
Sec. 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
