AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE

PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic
Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the
Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand
Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all
other laws, executive orders and decrees, insofar as they impose the death penalty are hereby
repealed or amended accordingly.
SEC. 2. In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the Revised Penal Code.
SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will
be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act
No. 4180, otherwise known as the Indeterminate Sentence Law, as amended.
SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three
consecutive weeks in a newspaper of general circulation of the names of persons convicted of
offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are
being considered or recommend for commutation or pardon; Provided, however, That nothing
herein shall limit the power of the President to grant executive clemency under Section 19,
Article VII of the Constitutions.
SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of
general circulation.
Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2254 and House Bill No. 4826 was finally
passed bu the Senate and the House of Representative on July 7, 2006.
CONSTITUTIONAL LAW
CHAPTER II DUE PROCESS
Section 1NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY
WITHOUT DUE PROCESS OF LAW, NOR SHALL ANY PERSON BE DENIED
EQUAL PROTECTION OF THE LAWS.
Kinds of Due Process:
a. substantive due processrequires the intrinsic validity of the law in interfering with
the rights of the person to life, liberty or property. In short, it is to determine whether it has a
valid governmental objective like for the interest of the public as against mere particular class.
b. Procedural due processone which hears before it condemns as pointed out by
Daniel Webster.
Due process is a law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial (Per Daniel Webster in the DARTMOUTH COLLEGE CASE)
1. Requisites of judicial due process.
a. BANCO ESPANOL VS. PALANCA, 37 Phil. 921
Requisites:
1. There must be an impartial court or tribunal clothed with judicial power to hear and
decide the matter before it;
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
property subject of the proceedings;
3. The defendant must be given the opportunity to be heard;
4. Judgment must be rendered only after lawful hearing.