History of Death Penalty in the Philippines
History of death penalty in the Philippines
The history of the death penalty was extensively discussed by the Supreme Court in People vs. Echegaray.[1] As early 1886, capital punishment had entered the Philippine legal system through the old Penal Code, which was a modified version of the Spanish Penal Code of 1870.
The Revised Penal Code, which was enforced on 1 January 1932, provided for the death penalty in specified crimes under specific circumstances. Under the Revised Penal Code, death is the penalty for the crimes of treason, correspondence with the enemy during times of war, qualified piracy, parricide, murder, infanticide, kidnapping, rape with homicide or with the use of deadly weapon or by two or more persons resulting in insanity, robbery with homicide, and arson resulting in death. The list of capital offenses lengthened as the legislature responded to the emergencies of the times.
In 1941, Commonwealth Act (C.A.) No. 616 added espionage to the list. In the 1950s, at the height of the Huk rebellion, the government enacted Republic Act (R.A.) No. 1700, otherwise known as the Anti-Subversion Law, which carried the death penalty for leaders of the rebellion. From 1971 to 1972, more capital offenses were created by more laws, among them, the Anti-Hijacking Law, the Dangerous Drugs Act, and the Anti-Carnapping Law. During martial law, Presidential Decree (P.D.) No. 1866 was enacted penalizing with death, among others, crimes involving homicide committed with an unlicensed firearm.
In the aftermath of the 1986 revolution that dismantled the Marcos regime and led to the nullification of the 1973 Constitution, a new constitution was drafted and ratified. The 1987 Constitution provides in Article III, Section 19 (1) that:
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
The history of the death penalty was extensively discussed by the Supreme Court in People vs. Echegaray.[1] As early 1886, capital punishment had entered the Philippine legal system through the old Penal Code, which was a modified version of the Spanish Penal Code of 1870.
The Revised Penal Code, which was enforced on 1 January 1932, provided for the death penalty in specified crimes under specific circumstances. Under the Revised Penal Code, death is the penalty for the crimes of treason, correspondence with the enemy during times of war, qualified piracy, parricide, murder, infanticide, kidnapping, rape with homicide or with the use of deadly weapon or by two or more persons resulting in insanity, robbery with homicide, and arson resulting in death. The list of capital offenses lengthened as the legislature responded to the emergencies of the times.
In 1941, Commonwealth Act (C.A.) No. 616 added espionage to the list. In the 1950s, at the height of the Huk rebellion, the government enacted Republic Act (R.A.) No. 1700, otherwise known as the Anti-Subversion Law, which carried the death penalty for leaders of the rebellion. From 1971 to 1972, more capital offenses were created by more laws, among them, the Anti-Hijacking Law, the Dangerous Drugs Act, and the Anti-Carnapping Law. During martial law, Presidential Decree (P.D.) No. 1866 was enacted penalizing with death, among others, crimes involving homicide committed with an unlicensed firearm.
In the aftermath of the 1986 revolution that dismantled the Marcos regime and led to the nullification of the 1973 Constitution, a new constitution was drafted and ratified. The 1987 Constitution provides in Article III, Section 19 (1) that:
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