Harmful effects

People are really hoping that President Duterte will soon realize the more harmful effects of some of the policies and programs of his administration, and the actions taken to implement them. If they will look more closely, these programs are not really and ultimately for the common good especially of the future generation. Their purposes may appear to be good but in the long run, they will only promote the culture of death, violence, hatred and deception in our society.

The daily killings mostly of suspected drug users or addicts all over the country may seem to be for the purpose of eliminating the drug problem besetting our country for so long now. But are they really justifiable? No investigation so far has been undertaken to adequately determine: (1) whether there is unlawful aggression on the part of the “suspect”; (2) whether there is reasonable necessity of the means employed by the arresting officers to prevent or repel the aggression; and (3) whether there is lack of sufficient provocation on the part of the arresting officers.

More unfortunate in this regard is that those killed are mere suspects; and even assuming that they are actually drug users and addicts, they may also be considered as “victims” of this drug menace for they may have only been lured into the vice by the drug traffickers and the drug lords. So why not concentrate more on these drug traffickers and drug lords?

Another step fostering the culture of death is the proposed legislation for the re-imposition of the death penalty. Under Section 19, Article III of the Constitution which took effect on Feb. 2, 1987, “Excessive fines shall not be imposed nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.”

Based on this provision, death penalty was not really abolished. Its imposition was only suspended until Congress has enacted a corresponding law for compelling reasons involving heinous crimes People vs Munoz (170 SCRA 107). Thus on Dec. 13, 1993, Congress enacted Republic Act 7659 imposing death penalty on crimes which are “heinous for being grievous, odious, and hateful offenses, and which, by reasons of their inherent or manifest wickedness, atrocity and perversity, are repugnant and outrageous to the common standards of decency and morality in a just, civilized and ordered society.” These are: (a) crimes against national security particularly treason and qualified piracy; (b) crimes committed by public officers specifically qualified bribery; (c) crimes against persons particularly murder and parricide; crimes against liberty particularly kidnapping and serious illegal detention; (d) crimes against property specifically robbery with homicide, robbery with rape, robbery with intentional mutilation, and destructive arson; (e) crimes against chastity particularly rape where the victim is under 18 years of age, or where the offender is the common law spouse of the parent of the victim; and (f) crimes punishable by special laws the Dangerous Drugs Law (RA 6425) and Plunder law (RA 7080).

In 2006 however and based on the experience of 86 other countries Congress realized: (1) that death penalty had not deterred the commission of heinous crimes; (2) that preventing heinous crimes and preserving peace and order can be achieved by more efficient law enforcement and swifter dispensation of justice; (3) that the purposes for which the death penalty is imposed can still be achieved by imposing lesser penalties like imprisonment for the rest of the convicts’ life where the prisoner will be taken out of the mainstream of social life for the rest of his earthly existence; (4) that the risk of mistaken execution arising from imperfect system of administration of justice, would be eliminated; (5) that our laws are not strictly applied equally as shown by the economic profile where most of the persons with death sentence belong to the lower classes of society, the poor, the deprived and the underprivileged like farmers, construction workers, service workers, vendors, jeepney drivers and even jobless individuals. Few or none at all, belong to the upper middle economic bracket. There is therefore a distinct possibility that these poor persons charged with capital offenses may not receive fair trials because they cannot afford competent legal services. Thus Congress passed the bill abolishing the death penalty.

But now, a law re-imposing the death penalty is again being proposed in Congress despite the fact that the circumstances and the reasons existing when said penalty was abolished in 2006 have not significantly changed. The only change now is the more aggressive war on drugs being waged by this administration because of the enormity of the drug problem. But is this enough to re-impose the death penalty?

Hopefully, our Congressmen and Senators will disregard partisan politics in resolving this question and follow their own conscience. They should realize and accept that God alone is the ultimate Lord and Master of life and that the life of every human being including drug addicts and heinous criminals comes from and is sustained by of God as His precious gift; that the integral good of the human person” demands respect for his right to life. Civilian authorities should not take the life of criminals except in cases of “extreme gravity and for very serious reasons and with due judicial process.”

President Duterte should also realize hopefully that the culture of violence, hatred and deception is now creeping into the consciousness especially of young people. And this is obviously due to the “virulent” anger he and his supporters have displayed every time some people oppose or criticize his actions and reactions to some situations. These violence, hatred and deception can be clearly seen, felt and heard in all forms of media and therefore need no further detail.

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