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Death Penalty

I.

Definition

A death penalty is a government authorized practice whereby a person


is put to death by the state as a punishment for a crime. Crimes that can
result in this penalty are identified as capital offences or capital crimes.
This has been a huge matter of controversy in numerous states and
countries, with opinions varying within a cultural region or a single
political thought. A decree called the Resolution Supporting Worldwide
Moratorium On Executions was conceded by the United Nations Human
Rights Commission last April 1999. The resolutions pleas all countries
which have not abolished the death penalty to constrict its use, as well as
not implementing it on juvenile offenders and reducing the number of
offenses for which it can be imposed.
II. Global Figures of the Use of Death Penalty in 2015
The global figures on the use of the death penalty in 2015 revealed
two conflicting developments. On one hand, four countries abolished the
death penalty, reinforcing the long- term trend towards global abolition.
On the other hand, the number of executions recorded by Amnesty
International during the year increased by more than 50% compared to
2014 and constituted the highest total that Amnesty International has
reported since 1989, excluding China.
Executions recorded:
Afghanistan (1), Bangladesh (4), Chad (10), China (+), Egypt (22+), India
(1), Indonesia (14), Iran (977+), Iraq (26+), Japan (3), Jordan (2), Malaysia
(+), North Korea (+), Oman (2), Pakistan (326), SaudiArabia (158+),
Singapore (4), Somalia (25+: Federal Government of Somalia 17+;
Somaliland 6+; Jubaland 2+), South Sudan (5+), Sudan (3), Taiwan (6),
UAE (1), USA (28), Viet Nam (+) and Yemen (8+).
III.

History of Death Penalty in the Philippines


Spanish Period
o Death penalty was protected in the 1848 Spanish Codigo Penal
and was implemented in locals who challenged the established
authority.
o Executions were in the form of burning, decapitation, drowning,
garrote, hanging shooting, flaying, stabbing and others.

American Period
o Retained the death penalty.
o In 1932, the Codigo Penal was revised. Only crimes such as
treason, parricide, piracy, kidnapping, murder, rape, and robbery
with homicide were imposed with the death penalty.
o Policies such as The Sedition Law, Flag Law and the
Reconcentration Act were sanctioned to the use of force against
nationalist Filipinos.

Marcos Regime
o Capital crimes increased to a total of 24. Crimes that were now
punishable by death included possession of firearms, hijacking,
arson and illegal-fishing.
o Nineteen executions took place during the Pre-Martial Law
period. Twelve were executed during Martial Law.

Aquino Regime
o The death penalty was abolished under the 1987 Constitution
making the Philippines the first Asian country to abolish the
death penalty for all crimes.

Ramos Regime
o The death penalty was reimposed by virtue of Republic Act No.
7659 on December 1993.
o Republic Act No. 8177 states that a death sentence shall be
carried out by lethal injection.
o The Death Penalty Law consists a total of 46 crimes punishable
by death; 25 of these are death mandatory while 21 are death
eligible.

Estrada Regime
o A de facto moratorium or suspension on executions in spite of
church-led campaigns to abolish the death penalty and in
observance of the Jubilee Year.

Arroyo Regime
o Estradas de facto moratorium was lifted on December 5, 2003.
o Executions were set to resume on January 2004, however this did
not push through by virtue of the Supreme Courts decision to
reopen the Lara-Licayan case.
o With the modification of Republic Act No. 8353 (Anti-Rape Law of
1997) and Republic Act No. 9165 (Comprehensive Dangerous

Drugs act of 2002), there are now 52 capital offenses, 30 of


which are death mandatory and 22 are death eligible.
I

References:
https://definitions.uslegal.com/d/death-penalty-law/
http://pcij.org/blog/2006/04/18/a-timeline-of-death-penalty-in-the-philippines
http://8list.ph/death-penalty-philippines-history/2/
http://www.deathpenaltyinfo.org/united-nations-high-commissioner-humanrights
https://www.amnesty.org/en/documents/act50/3487/2016/en/

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