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The Price is Right: The Revival of the Death Penalty in the Philippine Constitution Micah Benedictine Rose O.

Lava Shaira Eriza E. Nasution Christine Alyssa P. Solis IV-9

Miriam College High School

English IV: English for Critical Reasoning

Miss Amity M. Yap January 24, 2013

Death Penalty in the Philippines |2

First and Last

The case of Leo Echegaray y Pilo shook the nation to its core in the 1990's. Echegaray was accused of raping Rodessa Echegaray, his ten-year-old daughter multiple times in 1994, to which he fully accepted the charges against him. At that time, death penalty was brought back into the Philippine Constitution in 1993. Many

clamored for justice to be served, especially in the form of death penalty (De Castro, 1999). In February 5, 1999, Leo Echegaray was executed through lethal injection in a chamber. Albeit, Echegaray was not the first nor last person to receive death penalty in the Philippines, he was the first and last person to receive lethal injection as a means of administering the death penalty. This case happened 14 years ago; however, death penalty is still on hot water. Former President Gloria Macapagal Arroyo placed death penalty on a moratorium, suspending it from being used as a punishment for criminals (Jaymalin, 2003). However, this should not have been the case. Death Penalty is defined as the execution of a person as a form of punishment for committing a certain crime. Death penalty has been lifted from the Philippine Constitution, but it ought to be used as a possible verdict to be administered to criminals. This paper enumerates the pressing issue of the increase in the crime rate of the Filipino society in the present time. It also explains how the death penalty is a good deterrent of crimes. Moreover, it provides the benefits people will have if death penalty is brought back into the Philippine judiciary system. Finally, it also promotes death penalty as an eligible verdict to

extremely grave crimes by reviving it in the constitution. Jeff Jacoby, a columnist from Boston Globe agrees that death penalty is a good deterrent of crime. He said:

Death Penalty in the Philippines |3

What is true nationally has been observed locally as well. There were 12,652 homicides in New York during the 25 years from 1940 to 1965, when New York regularly executed murders. By contrast, during the 25 years from 1966 to 1991 there were no executions at all - and murders quadrupled to 51,638. (Jacoby, 2006)

Given the increase of the crime rate in the present society, the revival of death penalty is the best option to uphold the principles of the criminal justice system, creating a system of governance that is able to implement laws and in the most effective ways, building more responsible citizens, and ultimately, serving justice for the betterment of society.

Seesaw of Death Penalty

The current government is facing a dilemma: There is an increase in the crime rate of the Philippines (Santos, 2012). Due to the leniency of the current government in administering verdicts to criminals, there is an increase in the Filipino crime rate in the contemporary times. Leniency is defined as being permissive or being complaisant. According to the study of Arlie Tagayuna, a PhD candidate in the Department of Sociology at the University of Hawaii, the Philippine government became lenient toward crimes because of the churchs intervention. Religion plays a vital role in the everyday life of a typical Filipino; however, the church practices and urges for decisions that are morally right rather than what is lawfully a persons right. In addition, morality is

relative; therefore, it cannot be used as a basis when deferring death penalty. Currently, 61 countries administer death penalty in ordinary circumstances like murder, rape, etc. Some of these countries are the United States of America, China and Japan. Moreover,

Death Penalty in the Philippines |4 nine countries administer death penalty to extraordinary cases which is usually affiliated with military law enforcements like on soldiers, secret agents, etc. A few of these countries are Brazil, Israel and Taiwan. Most of these countries have death

penalty in their laws, though they only administer it to crimes like murder, terrorism, etc. For example, Brazil has not used capital punishment since 1889; however, death penalty could still be used in times of war. The international law, or the United Nations charter, states that,

No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime. (UN charter, 1945)

It was stated by the spokesperson of the Philippine National Police (PNP), Chief Superintendent Generoso Cerbo, that there was an increase in the crime rate of the Philippines this 2012 in the Metro Manila area. He believes that because these

criminals are becoming more cunning and devious, thus they are able to escape from the clutches of the police. Nicanor Bartolome, a Chief Director General of the PNP, stated that the crime rate in Metro Manila increased in the first part of the year. Moreover, Senior Superintendent Leonardo Carlos of the National Capital Region Police Office Public Information Office, the crime record of 2012 from January to June was 36 percent higher than last years (Elona, 2012). It was also shown in the National

Statistics Coordination Board (NSCB) that there was an increase in the crime rate of the Philippines, inside and outside of the Metropolitan area. The total amount of crimes committed in Metro Manila last 2001 was 146.1, while the total amount of crimes

Death Penalty in the Philippines |5 committed outside the National Capital Region (NCR) was 90.9. Meanwhile, in 2010, the total amount of crimes committed in the NCR was 348.8 and the total amount of crimes committed outside the NCR was 436.8. This is the crime rate by area and by type of crime per 100, 000 population.

Though the Filipino government has lifted the death penalty from the 1987 Constitution, there are people and groups that want to re-establish it. The Volunteers Against Crime and Corruption (VACC) is one of the organizations in the Philippines that want death penalty to be re-established in the Philippine Constitution. In reign of

President Ferdinand Marcos, death penalty was accepted as a feasible punishment to criminals. Nevertheless, in President Cory Aquinos reign, she took out death penalty in the Philippine Constitution. The VACC believes that this was a poor show from the late President because it somewhat showed to people that the corresponding gravity of the crime of a person is not really given to them properly. Representative Rufus

Rodriguez of Cagayan de Oro hoped that House bill 4510, which is the imposition of death penalty on foreign drug traffickers, would be launched. His reason being the Filipino government is helpless when a Filipino faces death penalty in another country, like China, because they were accused of carrying or selling drugs in said country. If these drugs were not sold to these Filipinos in the first place, they would not have to risk their lives in other countries (Boncocan, 2012). In relation to the claim of

Representative Rodriguez, former Representative of Muntinlupa, Ruffy Biazon, said that he would file a bill seeking to restore Capital Punishment for drug traffickers on account of the Alabang Boys case. Senator Ping Lacson stated that the ban on death penalty ought to be re-examined because it could be a deterrent to future crimes (Manila

Death Penalty in the Philippines |6 Today, 2008). Finally, the current judiciary system of the Philippines is imperfect. C.S. Generoso Cerbo said, Those criminals are not actually brazen, but they have found a way to exploit lapses in security (Ramos, 2012). President Benigno Aquino III also considered the revival of death penalty in the Philippines because he, himself, stated the Filipino judiciary system is flawed. He said, I will have to study that, and I dont know where the calls are emanating from but iyong essence nito, our judicial system, as you know, is not perfect, (Aquino, 2012).

It is necessary for the Death Penalty to be implemented because of the increase in the crime rate of the Philippines. According to Representative Milagros Magsaysay of Zambales, 29,231 crimes were reported in Metro Manila alone during the first half this year, which was a 57-percent increase from the same period last year (Manila

Standard Today, 2012). This means that more and more people are committing crimes, and this has to stop before it gets even worse.

Legalizing death penalty would bring about lower crime rates, thus making the society safer. The presence of capital punishment benefits the society because it may prevent harmful and dangerous crimes. heinous crimes. Capital punishment acts as deterrence to

While there are conflicting evidences that support this claim, by definition, those who are deterred by the death penalty do not commit murders; common sense will tell us that if people know that they will die if they perform a certain act; they will be unwilling to perform that act. As the general deterrence theory presupposes,

Death Penalty in the Philippines |7 increasing the risk of apprehension and punishment for crime deters individuals from committing crime (Muhlhausen, 2007). Speeding up executions would strengthen the deterrent effect. For every 2.75 years cut from time spent on death row, one murder would be prevented, according to a 2004 study by an Emory University professor.

There are those who claim that these criminals do not intend to be caught henceforth, they commit these crimes with this type of mindset. However, as human nature tells us, corresponding punishment for illegal actions has a deterring action, otherwise people will act as he or she pleases without any regard for other people. This is the essence of creating laws, so that we will have order and guidance. For every law violated, there is always a corresponding penalty or punishment.

The most compelling validation why capital punishment will deter crime is not statistics but logic. The only reason people would not violate a rule or a law, even if it will benefit him or her, is the presence of a corresponding punishment that goes with it once he or she is caught nothing else. The punishment, no matter how one looks at it, is a deterring factor. People may argue that criminals do not have these punishments in mind when they commit crimes, but one cannot take away the fact that these penalties, in case these do not deter some to commit crimes, will somehow bring about justice. Otherwise, giving penalties and punishments are useless and should not be used anymore.

Death Penalty in the Philippines |8 Justice delayed is justice denied

If death penalty is reinstated in the Philippines, the government will be able to respond to threats on the peace and order it upholds while implementing a system that will ensure responsible citizens, who will be able to comply with the law. Capital

punishment is often criticized because the government has a moral obligation to protect the safety and welfare of the citizens. Commonly, murderers threaten this safety and welfare due to the heinous crimes they intend to do. Death penalty is the solution that ensures that these convicted criminals would not commit crimes again in the future. In addition, those who support death penalty believe that it is just. It ensures that the crime committed by a person will receive its corresponding punishment of the same magnitude as the crime committed. In addition, Dudley Sharp, the Vice President of Justice for All, agrees that death penalty is the appropriate punishment for those who have committed heinous crimes. Sometimes, the Death Penalty is simply the most appropriate punishment for the vile crime committed. He added,

The murder of the innocent is undeserved. The punishment of murderers has been earned by the pain and suffering they have imposed on their victims. Execution cannot truly represent justice, because there is no recompense to balance the weight of murder. For some crimes, it represents the only just punishment available on earth. (Sharp, 2002)

There are those who claim that death penalty promotes justice.

President

George W. Bush of the United States stated that he, himself, does not like the death penalty nor likes the idea that death penalty should be used for revenge; however, he believes that death penalty saves lives (BBC News, 2005). After all, if these criminals were dead, it eradicates future cases of them committing more crimes. Furthermore,

Death Penalty in the Philippines |9 the some of the main arguments against death penalty is that it goes against human rights. People believe that death penalty is against human rights because a persons life is taken away from them. They also believe that it is a cruel and harsh verdict because people make mistakes and there are also times when death penalty could be used as an act of revenge by the family of the victim. There are also those who state that there is a possibility that an innocent person would be wrongly convicted, and consequently receive the verdict of death penalty. However, does this mean that indeed innocent?

receiving a 25 year sentence is more acceptable if a person is

Convicting an innocent person and subsequently imposing a death sentence or life imprisonment is both unacceptable and no one can categorically say which is better especially if one would consider the grief one would suffer for the lost years knowing he or she is innocent. It is not surprising to know that some people would rather die quickly than suffer years of imprisonment and hard labor for crimes they do not commit.

Concerning human rights, why should the government prioritize a crimina ls human rights when he, himself, does not respect the human rights of the person he has committed a crime against? The question to be answered is this: Should the

government heed the rights of these criminals who disregard the governments laws or should they heed the cries of the victims who were wronged by these criminals?

Death penalty ought to be revived because of the benefits it brings to the society. First, it provides a sense of conclusion to the family. Though not all families are

vengeful, some families and victims want the corresponding punishment to be

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 10 administered to the person who committed the crime. They can be rest assured that the person who did the crime would not harm their family or any other family ever again. An example of this case is that of May Heidcamp, a Chicago woman, whom was murdered. She and her family was looking forward to the verdict of death penalty for the convicted murderer, but was disappointed when the government sentenced him to life imprisonment instead (Goldberg, 2003).

Second, the state is responsible for protecting the lives of its citizens. According to the International Covenant on Civil and Political Right from the United Nations (U.N.), Article 6.1., Every human being has the inherent right to life. This right shall be

protected by law. No one shall be arbitrarily deprived of his life (United Nations High Commissioner on Human Rights, 1976). In addition, both the government and its

people have a contract, which can be referred to as the Social Contract Theory. The government has the obligation to provide safety and needs to its citizens because it is the responsibility of the government to take in charge of the land and keep it safe from harm. On the other hand, the people will play its part by obeying and complying with the laws the government has made to ensure their safety (Hobbes, n.d.). A 1985 study by Stephen K. Layson of the University of North Carolina showed that a single execution prevents eighteen murders from happening (Muhlhausen, 2011). Adam

Liptak ratified this. He stated that, For each inmate put to death, the studies say, 3 to 18 murders are prevented (Liptak, 2007).

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 11 Third, Reviving death penalty ensures that criminals would not be released back into society, thus preventing them from creating more harm. It is a just punishment for someone who has unjustly taken the life of another. Offenders that have done this action repeatedly commit most crimes. It is about delivering justice on an appropriate scale. When a criminal is convicted with committing a crime of great intensity, that person will undergo capital punishment and there is no escape from that. This will prevent them from creating more harm in the society.

Fourth, implemented death penalty saves innocent lives.

According to Den

Feder, a journalist from the Boston Herald, the execution of those who are under death penalty saves the lives of those who could possibly be their victims in the future (Feder, 2001). There are those who claim that innocent people could be subjected to death penalty. It is conceded that there are possibilities where innocents could go under the death penalty, but the possibility is limited that there are no relevant statistics to be offered regarding the number of innocents subjected to death penalty; however, in the United States, it was claimed that 101 people were released from the death row because they were proclaimed innocent. The Death Penalty Information Center (DPIC) is responsible the data presented above, and for the leading information on antideath penalty in the USA. Nonetheless, the DPIC head Richard Dieter mentioned that the DPIC made no distinction between legally innocent (I got off death row because of a legal error) and the actually innocent (I had no connection to the murder) cases (Sharp, 2002). In actuality, there were on 30 people who were released from death row because of their actual innocence compared to the thousands of people subjected to

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 12 death penalty per annum. In addition, Don Feder also conceded that there is still the possibility of an innocent being killed; however, millions of other innocent people are killed when these criminals are not subjected to death penalty. Ramesh Ponnuru, a senior editor of National Review, stated that the death penalty has a 99.55 percent chance of accuracy (Ponnuru, 2002).

Fifth, death penalty is not a cruel and a retributive punishment that can be administered to criminals. Death penalty is not cruel because it only subjects a person to the punishment that is of the same level of the crime he or she committed. If the punishment for stealing a pen is to cut off the persons hand, then the punishment is cruel and unjust; however, death penalty is sometimes the only punishment that befits certain crimes. This is can be exemplified in cases on World War II. Nazis were

executed after World War II, yet there were few who could say that they were unhappy with these Germans being subjected to death penalty. Norway and Denmark brought back death penalty in their government just so that they could execute these Nazis (O Sullivan, 2002). This is why death penalty is considered as the last and final resort when administering verdicts to criminals because a life is sacred; however, a person must face the consequences of his or her own actions. Lastly, implementing death penalty could also prevent prisons from over-crowding. When prisons overcrowd, the officers in charge of watching over these criminals are not able to watch over all of them; therefore, there is the possibility that these criminals would escape (Murdock, 2001).

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 13 Some people claim that death penalty prevents a person from experiencing rehabilitation; however, this is not necessarily the case. . There are no guarantees that criminals who are sentenced with capital punishment will eventually repent and rehabilitate. On the contrary, criminals who are sentenced with life imprisonment with no probability of parole will most likely plot their way out of jail. Since they will live in jail for the rest of their lives, there is nothing that would prevent them from planning to escape, after all, what is the worst thing they could get if they get caught, another life sentence? . In addition, if there are so many prisoners in jail, the jail guards fail to watch over them properly. According to Captain Dave Arnold, personnel director at the Virginia Peninsula Regional Jail in Williamsburg, the overcrowding of prisons lessen the guard-inmate ratios. He said,

There are always people who rebel against being containedThere are those who will take that to heart and make it their mission to get out. These guys can look for all kinds of flaws Its their job to poke holes in the system (Murdock, 2001).

Due to the information and facts mentioned above, it is high time for the Philippines to not only revive the previous laws on death penalty, but also add new laws and propose bills. These laws and bills would be able to illustrate the steps that need to be undertaken when cases are liable for death penalty, the sanctions that will be administered to those whose punishment is through death penalty, and to enumerate the crimes that are liable for death penalty.

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 14 One less Criminal

Death penalty should be given, if the intensity of the crime is commensurate to it, to improve the judicial system and promote fair and appropriate verdicts to convicts. The Filipino government was given the responsibility to make sure that its citizens are safe. The government is there to make sure that the system is capable of protecting and providing for what the people need. Death penalty can help the government in handling this responsibility of taking care of its people. First, a new bill must be drafted. The government plays an active role in the creation of this bill. All 24 senators and 286 congressional representatives ought to be able to decide and discuss amongst their respective houses the steps that are to be undertaken. This bill ought to be able to, explicitly, define the types of crimes that merit death penalty define the types of crimes that merit death penalty. It should define the process how to go about the investigation and how the sanction will be administered to the said criminal, the proper atonement for the victim and his or her family and lastly to show what steps the government will do to prevent similar crimes. This bill would be named Capital Punishment Law. It would be responsible for providing the limitations or boundaries people would cross to merit death penalty as a verdict.

The possible limitations are first, death penalty can be administered to people who have committed the following crimes: multiple murders, rape, drug trafficking, kidnapping, sexual abuse, torture, terrorism, child , women and men trafficking. Second, death penalty ought to be only administered only to persons with ages eighteen (18) and above. This is when a person is of legal age; therefore, they should

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 15 be responsible for their own actions.

Third, the Capital Punishment Law should provide stringent guidelines that will give the suspect all the possible avenues to prove his or her innocence that death sentence should only be meted out if there is not an iota of doubt with regards to the defendants guilt.One of the objectives of this bill is to promote fairness, propriety and justice. . Lastly, pleading for insanity, when a case merits death penalty, may only be allowed for those who are not repeat offenders and those whose crimes are not offshoots of the effects of voluntary use of alcohol or illegal drugs. The sanction for capital punishment is of course, death; however, it would be administered through a lethal injection. According to a report of ABS-CBN, lethal injection is considered as the most humane way of administering death penalty. It uses three drugs: Sodium

Thiopental, which puts the convict to sleep, Pancoronium Bromide, which paralyzes the lungs and the diaphragm. Finally, Potassium Chloride is injected to the criminal thus, bringing about cardiac arrest.

The government will support the victim or the family of the victim through monetary means. A minimum of ten thousand pesos (P10,000.00) would be given to the victim or his or her family per month for the next three months. Ten thousand is, more or less, the salary of a minimum wage earner. The money given to the victim or his or her family may also vary. It could be higher, depending on the situation of the family and of the victim. The government would also place the victim and his or her family under police protection to make sure that the friends or family of the criminal would not take revenge on them.

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 16

The government must also prioritize resolution of crimes that are most likely to have a verdict of death penalty. The courts will bypass other cases that are not grave in nature or are categorized as petty crimes like, trespassing and disorderly conduct (Anne Arundel County Police Department, 2012).

Extremely grave cases and crimes ought to be prioritized and should be thoroughly investigated because these types of crimes are usually the tricky ones. The evidences presented do not always guarantee the truth. Kristen Bolden, from the

George State University Law Review, questions the reliability of DNA evidences when people from the laboratories could be tampered with. An example of fabrication of evidence is that of the case of Peel Police Officers in Canada. In this case, several officers fabricated evidences to ensure that an accused man would be sent to jail for prostituting a 17-year old girl (Canadian Press, 2011). The question is if those the police can fabricate evidences presented in the court, what more the criminals who do not want to be caught? A thorough investigation also lessens the possibility of

overlooking important questions that may be an important factor in finding out the truth about the crime. The intensity of the crime should be the basis of imposing death penalty because the worst crimes deserve the most austere of punishment. Petty crimes do not deserve heavy punishments, and grave crimes do not deserve mediocre punishments.

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 17 Keeping up with the Death Penalty

If death penalty would be reinstituted, there will be an improvement in the criminal justice system of the Philippines not only because it will act as a deterrent to heinous crimes but also give the most acceptable justice to some victims families. There will be an appropriate punishment on the same level as the grave and heinous crime committed. The moratorium that was placed on death penalty ought to be

removed, so that death penalty may be considered as a viable verdict. This also shows that there is no one above the law, nor is given any special treatment. Many have claimed that 'two wrongs do not make a right' and that 'the end does not justify the means'; this illustrates that the person who has committed the crime also has his own human rights and people should respect that right. Although it is conceded that a life will be lost, but the question is, has he or she not waived all his rights the moment he has committed violence against society especially that of violent crimes merit the death penalty like rape and murder? Sacrifices have to be made for the betterment of society. The government will consider death penalty as the best decision to administer to convicts when after an enormous amount of information, through research and investigation was done, the accused was still found to be guilty. Death penalty may also be considered when crimes are done repeatedly like multiple murders and homicides. The intensity of the crime will affect the verdict for either death penalty or life imprisonment. Extremely grave cases like mass massacres would definitely earn a verdict of death penalty; in some cases, the court shall determine if Reclusion Perpetua will be acceptable.

D e a t h P e n a l t y i n t h e P h i l i p p i n e s | 18

The increase of the crime rate launched the problem of looking for a new way to abate it. Therefore, the death penalty was claimed to be a good deterrent of crimes. Death penalty is a serious and grave punishment. That is why it is considered the last and final resort in administering verdicts to the accused. Dudley Sharp also stated that, Even murderers tell us that they value life (their own) more than freedom. That is why over 99 percent of convicted capital murderers seek a life sentence, not a death sentence (Sharp, 2002). Death penalty also has many benefits when it is undertaken such as providing a closure to the victim and his or her family and preventing future crimes the criminal would have undertaken. The proposition of the bill will handle the limitations, the sanctions and the compensations the government will provide for the people. On a last note, Martin Luther King Jr. emphasized the need for sacrifice to achieve progress. He said, Human progress is neither automatic nor inevitable...

Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals (King, n.d.). After all, even the Bible promotes justice to be served. Galatians 6:7 Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.

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