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‘Hanging judge’ wants death penalty revived penalty revived

Jun Elias - The Philippine Star

NAGUILIAN, La Union , Philippines  – Retired judge Joven Costales, once tagged the “hanging judge” for sentencing 26 convicts to death, wants the reinstatement of capital punishment to serve as a lesson to those who commit heinous crimes.

Costales, now 79, would have meted death to 30 more convicts if the death penalty was not abolished on June 24, 2006 by then president Gloria Macapagal-Arroyo.

“Of the 26 death sentences, five were affirmed by the Supreme Court under Republic Act 8177 (the act designating death by lethal injection). But because the death penalty was abolished, all the other cases were commuted to life imprisonment,” said Costales, who presided over the Regional Trial Court Branch 45 of Urdaneta City in Pangasinan for 15 years.

Most of those meted capital punishment were accused of murder, rape, kidnapping and other brutal crimes that, in several cases, involved drug abuse.

“I sentenced them based on evidence. If the evidence is strong, I have nothing to do but apply the law. Dura lex, sed lex – the law is law. Almost all of my rulings were sustained by the Supreme Court,” Costales said.

Although he favors the re-imposition of death penalty in the country, the judge also believes that it would not totally deter crimes.

He dared those opposing death penalty, especially bishops and priests of the Catholic Church and the senators and congressmen, to rethink their opposition to it.

“What if, for example, their family members or relatives will fall victims of heinous crimes? What will they do? Is it enough for them to just accept the apologies of the suspects?” Costales said.

Costales, who also uses Bible verses to prove that God allows death penalty, revealed that 56 were executed since the death penalty was imposed in the Philippines. Of these, only seven were killed under RA 7659 or the Heinous Crime Law. At least 1,300 were slapped with death sentences.

Although he sent many to the death chamber, the “Hanging Judge” did not receive any single death threat or harassment.

“Why? Because a judge cannot be threatened if his decisions are true and correct. A judge can be killed if he is corrupt. But for me, I have no bodyguard. I travel then from La Union to Urdaneta Mondays to Fridays. If there is any one wronged in my decisions, I probably would have been killed already,” Costales added.

He wants murder among the crimes to be included in the death penalty bill due to the many cases of brutal killings that include robbery with murder, massacre, kidnapping with murder and rape with homicide, among others.

So far, House leaders have agreed to the inclusion of treason, rape with homicide, rape of a minor, rape committed by a law enforcement officer, plunder and grievous drug-related offenses in the proposed death bill.

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JOVEN COSTALES

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