As reported in BBC News, the United States Supreme Court stopped the execution of a death convict, pending a determination if the chemicals to be used in the execution would cause pain (based on the constitutional prohibition against cruel and unusual punishment). The challenge, however, is not based on the argument that the death penalty per se is unconstitutional.
The same is true in the Philippines, where the Philippine Supreme Court dismissed questions on the constitutionality of the Death Penalty Law (Republic Act No. 7659), in relation to the Lethal Injection Law (R.A. 8177). However, on 24 June 2006, Pres. Macapagal-Arroyo signed a new law – Republic Act 9346 – which prohibited the death penalty.
The debate for and against the death penalty had been vigorous. In fact, in Echegaray vs. Secretary of Justice (Leo Echegaray was executed after the re-imposition of the death penalty), the Philippine Supreme Court noted:
A last note. In 1922, the famous Clarence Darrow predicted that “x x x the question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment.” In our clime and time when heinous crimes continue to be unchecked, the debate on the legal and moral predicates of capital punishment has been regrettably blurred by emotionalism because of the unfaltering faith of the pro and anti-death partisans on the right and righteousness of their postulates. To be sure, any debate, even if it is no more than an exchange of epithets is healthy in a democracy. But when the debate deteriorates to discord due to the overuse of words that wound, when anger threatens to turn the majority rule to tyranny, it is the especial duty of this Court to assure that the guarantees of the Bill of Rights to the minority fully hold. As Justice Brennan reminds us “x x x it is the very purpose of the Constitution – – – and particularly the Bill of Rights – – – to declare certain values transcendent, beyond the reach of temporary political majorities.” Man has yet to invent a better hatchery of justice than the courts. It is a hatchery where justice will bloom only when we can prevent the roots of reason to be blown away by the winds of rage. The flame of the rule of law cannot be ignited by rage, especially the rage of the mob which is the mother of unfairness. The business of courts in rendering justice is to be fair and they can pass their litmus test only when they can be fair to him who is momentarily the most hated by society.
Only recently, years after the Echegaray case was decided by the Supreme, the ruling still evoked controversy when Chief Justice Panganiban stated that the decision was a “judicial error“.
This debate will not end with the repeal of the Death Penalty Law. Subsequent heinous crimes have led some lawmakers and many citizens to call for the re-imposition of the death penalty. Let’s hear what’s on your mind.]
Update (February 2011): The debate on the death penalty has been rekindled with the murder of Emerson Lozano and Venson Evangelista. Pinoy is not keen on reinstating the death penalty, while VP Binay backs its revival. Let’s have an informal poll. Your opinion is still welcome below.
Loading ...- Calls to Reimpose the Death Penalty
- Declaration of presumptive death of a spouse for subsequent marriage
- Penalty for Failure to Indicate Mandatory Continuing Legal Education (MCLE) Compliance
- Extrajudicial Killings and Shoot-to-Kill Orders
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
why revive the death penalty… why not have better policemen…. the death penalty is a reward for people like those who commited above mentioned crimes… life imprisonment… literal life imprisonment.. now thats punishment….
I’m for reviving it. I understand that the conditions of our prisons and detention facilities are horrendous, that does not mean that it’s a further punishment for the inmates (blame BJMP or lack of funds, it’s the usual excuse anyhow).
It actually gives them more reason to try and get out of them. (considering how regularly inmates escape from such facilities, they can hardly be described as impenetrable.) Plus consider the expenses in keeping them there for life as well as the congestion they cause (which actually contibutes to the conditions therein.)
i am not against death penalty but i think it is better if the criminals will suffer life imprisonment so that they will agonize in filthy prison cells for a very long time to the point that they themselves would wish that they would rather die than live behind bars. I want the criminals to suffer a slow, agonizing death–that is sweet justice to me.
the case of Echegaray has made the topic so ‘unappetizing’, considering how the SC bungled in that case…
I am in favor of reviving the death penalty. However, before talk on the merits of its revival will preoccupy us, it would be beneficial to call for a proactive police force and increased security awareness among the citizenry.
We may cite a thousand and one reasons as to how and why the murders at RCBC happened but at this point in time, our officials must whip some sense into the PNP who seems to bungle every now and then when it comes to the performance of its duty to protect the citizenry.
The subsequent news item on the death of suspected gunmen in the RCBC holdup-murder appears to be a knee-jerk reaction of the PNP. They go on a killing rampage themselves in order to save face when they fail to discharge their duty.
Personally, reviving death penalty cannot be a good cure. Only GOD has the ultimate right to take back their lives, our lives! However, this does not mean that we have to tolerate any criminal act ( coz whether such is great or small, it is still a crime: a transgression of other person’s human right). Criminals should not be left unpunished! As a matter of fact, we shall let them suffer the penalty they deserve, like by committing them to prison cell, letting them do labor for free , use them in a very productive way which will result to an indirect benefit of the nation!
As long as they are under strict survaillance, then that can be a good penalty for them. They may even live in the prison cell for their entire lives! Just that, taking back their lives with our human hands seemed very off-tangent! Yes, if this is possible then implant a chip detector in their body so that everytime they commit infraction it will automatically be activated causing seizures or whatever! Yes, why not? But to take away their lives! Only God has the right to do that!
Finally, our government must have an innovative way of monitoring the moves of all the criminals, and the ways and means of doing it will be left to the innovative minds of our government, something like that…
the death penalty is useless… as long people still think they can get away with murder…. it doesnt matter if there is the death penalty…. in criminal law, justice is achieved if people know that whatever happens, they would be cuaght…. theonly thing wrong in our criminal justice system is a moronic police force… the institution is filled with people with no sense of pride in their job…
a professional police force is much much better than all the death penalties in the world
kahit magaling ang mga pulis eh kung magaling din ang mga kriminal……at kung police din ang kriminal…..pero sa tingin ko wag ibalik ang death penalty….. bigyan ang kriminal ng mahaba, mabagal at parang walang hangang na paghihirap…… madami sa preso talaga ang naghihirap….. isa pa yang mga buy-bust na yan sa mga droga puro fabricated ng mga pulis para lang may monthly report sila regarding sa drugs at ganun na rin sa kanilang budget……kung siguro may death penalty sa plunder nalang……mas hayok yang mga politicians……..
kung magaling ang kriminal.. kailangan natin ng mas magaling na pulis….
taasan sweldo ng pulis…. taasan ang standard ng pag kuha ng pulis.. minsan natatakot ako sa mga nakikita kong mga pulis na may baril… they look and act like people you would not give guns to in a million years
..dapat ibalik ang death penalty.if criminals can kill for silly or unlawful reasons then theres no reason why the state cant kill those killers for a valid reason.kill them all!
I’m in favor of reinstating it coz much as commission of heinous crimes could not be stopped, might as well provide the optimal penalty to the offenders. Yes, reinstating it will not stop people from committing crimes but in one way or another, it could help in eliminating the bad guys.
But I’m also in favor of improving the standards of our police and/or military.
i agree that DEATH PENALTY should be implemented again because of this henious crimes done by this people-turned-evil. yes it is against the law of GOD but these evils have taken away already the lives of these people as well as the families they have left.
i dont think there is a possibility of improving the policemen or any people under the government because any government officials or any president-wanna-be’s have their OWN INTENTION in taking the position….so IT’S USELESS. so for me the best thing to do, is to implement a law that would be EQUAL to EVERYBODY.
morality and human law should never discussed in the same table
Man is good by nature. And according to the Holy Bible, he is created in the image and likeness of God. Do you believe in God? You better do…. For He exist! His presence is everywhere! He is yesterday, today and tomorrow!
But how come man has the tendency to do wrong? So wrong – evil-wrong – to the extent that he can badly injure his fellowmen? What propels him to do it? Such is not his nature… But why?
Before, the dictum: “An eye for an eye and a tooth for a tooth” was observed. Somehow, it works! But do you think this will still work today?
Here’s a poem for you and me to ponder:
Go placidly amid the noise and haste and remember what peace there may be in silence. As far as possible without surrender be on good terms with all persons. Speak your truth quietly and clearly; and listen to others; even the dull and ignorant; they too have their story.
Avoid loud and aggressive persons, they are vexatious to the spirit. If you compare yourself with others, you may become vain and bitter; for always there will be greater and lesser persons than yourself. Enjoy your achievements as well as your plans.
Keep interested in your own career however humble; it is a real posession in the changing fortunes of time. Exercise caution in your business affairs; for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals; and everywhere life is full of heroism
Be yourself. Espacially, do not feign affection. Neither be cynical about love; for in the face of all aridity and disenchantment it is perennial as the grass.
Take kindly the counsel of the years, gracefully surrendering the things of youth. Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with imaginings. Many fears are born of fatigue and loneliness. Beyond a wholesome discipline, be gentle with yourself.
You are a child of the universe, no less than the trees and the stars; you have a right to be here. And whether or not it is clear to you, no doubt the universe is unfolding as it should.
Therefore be at peace with God, whatever you conceive Him to be, and whatever your labors and aspirations, in the noisy confusion of life keep peace with your soul
With all its sham, drudgery and broken dreams, it is still a beautiful world. Be cheerful. Strive to be happy
If only everybody put to practice the spirit of the above-said poem, perhaps we don’t need to revive death penalty nor we need lawyers… I mean the help of policemen.
what the…