The death penalty

A part from his castigation of men critical of some of his actions, one statement President Duterte made in his 5th State of the Nation Address that jolted listeners at the Batasan and watching the proceedings on television at home, was his call for the reinstatement of the death penalty. He said, “I reiterate the swift passage of a law reviving the death penalty by lethal injection for crimes specifically under the Dangerous (drug) Act of 2002.”

Reimposing capital punishment has been a most sensitive issue, dividing legislators and concerned citizens not only here and abroad. In an interview with GMA News, Sen. Richard Gordon said he was “not keen” on hearing the pending death penalty bills in the Upper Chamber. “I’m not gonna hold a hearing. I don’t believe it. If they insist, then I’ll probably hold a hearing first and if inaakala nila hindi ako fair ibibigay ko sa kanila,” Gordon, chair of the Senate committee on justice said. He said reviving such could raise a “constitutional issue” as the Philippines is a signatory to an international treaty that is against it. “We cannot just do that, unang-una there is an international agreement that we signed. The countries that signed cannot issue death penalty and that is ratified by the Senate so hindi basta-basta magagawa yan na ili-live natin motu propio.”

The President’s call for the restoration of capital punishment was voted down last year by 17th Congress. I wonder if his call will meet the same fate. Last year, the senators who expressed support for the President’s pet bill were Senators Tito Sotto, Ronald “Bato” dela Rosa, Christopher “Bong” Go, Manny Pacquiao, Panfilo Lacson, Pia Cayetano, Sherwin Gatchalian, Lito Lapid, Imee Marcos, Ramon “Bong” Revilla, Francis Tolentino and Cynthia Villar. That’s a total of 13 votes for restoration.

Those opposed to death penalty were Senators Franklin Drilon, Risa Hontiveros, Francis “Kiko” Pangilinan, Leila de Lima, Richard Gordon, Juan Miguel Zubiri, Grace Poe, Nancy Binay, Ralph Recto and Joel Villanueva. Sen. Juan Edgardo “Sonny” Angara did not take a position. Thirteen for, 10 against. The bill did not pass.

Joel F. Ariate Jr. of VERA Files provides us with a history of Philippine presidents and their positions on the death penalty.

“Since the Philippines regained its independence on July 4, 1946, those elected president accepted the death penalty as a matter of course,” writes Joel. Manuel Acuna Roxas, Corazon Cojuangco Aquino and Fidel Ramos did not reckon with the fate of covicts up for execution.

President Elpidio Quirino had 13 men executed during his term. He was the first president to allow the execution of foreign nationals – three Chinese who were convicted of kidnapping and kidnapping with murder. Under Quirino’s watch, the electric chair was first used on April 26, 1950.

President Ramon Magsaysay had six men executed.

President Carlos Garcia had 14 men executed. President Diosdado Macapagal had two men executed.

According to Ariate president Ferdinand Marcos had 32 convicted executed, 16 of them after martial law was declared. Newly elected Senator Imee Marcos insists that her dictator-father had only one person, the Chinese drug lord Lim Seng, executed.

But, according to Pacis, he simply delayed the execution of convicts. He started with the triple killing of Jaime Jose, Basilio Pineda and Edgardo Aquino, rapists of actress Maggie de la Riva. Their execution on May 17, 1972 had live radio coverage, and the usual handful of 50 witnesses.

President Gloria Macapagal-Arroyo, according to the Philippine Center for Investigative Journalism (PCIJ) claimed that her father allowed only one execution during his term. Two and a half years ago, Arroyo said she would allow the death penalty for convicted kidnappers and drug lords. But no death sentence was carried out under her administration. In 1993, she chose to abstain from voting on a bill that would reimpose the death penalty for certain heinous crimes.

The church has been divided on the issue as well. Pope John Paul II, who has been canonized, is quoted in 1992 as saying the death penalty was allowed if it was “the only practicable way to defend the lives of human beings effectively against the aggressor.”

But his successor, Pope Francis, has declared the death penalty “wrong in all cases.” This is a definitive change in church teaching that is likely to challenge Catholic politicians, judges and officials who have argued that their church was not entirely opposed to capital punishment. Francis said executions were unacceptable in all cases because they are “an attack” on human dignity, and the Vatican announced that the church would work “with determination” to abolish capital punishment worldwide.

The arguments for supporting the death penalty are: to serve as an example to other would-be criminals; to deter them from committing murder or terrorist acts; to punish the criminal for his/her act, and to obtain retribution on behalf of the victims.

Those who are against, cite that death constitutes “cruel and unusual punishment”; it is used disproportionately against the poor who cannot afford expensive legal counsel; it is applied arbitrarily and inconsistently; wrongly convicted, innocent people have received death penalty sentences, and tragically, were killed by the state; a rehabilitated criminal can make a morally valuable contribution to society; killing human life is morally wrong under all circumstances.

The Episcopal Commission on Prison Pastoral Care, through its executive secretary Rodolfo Diamante, said the statements made by new legislators are “disturbing… They have a grave and clear obligation to oppose any law that attacks human life. We argue that there are other more deeply-rooted reasons for a lack of peace and order in our society that leaders have failed to appreciate and acknowledge.”

United Nations Secretary General Antonio Guterres says the death penalty “does little to deter crimes or serve victims. He calls on all countries “which have not forbidden the extreme price to urgently stop executions.”

“The death penalty has no place in the 21st century,” he said.

Email: [email protected]