The Philippines ratified the International Covenant on Civil and Political Rights (ICCPR)
on 23 October 1986. Ratification of the ICCPR reinforced the commitment of the
Philippines to promote and protect civil and political rights, including the right to life
enshrined in Article 6 of the Covenant.
In 2006, the Philippines signed the Second Optional Protocol to the International
Covenant on Civil and Political Rights (Second Optional Protocol). On 20 November
2007, the Philippines ratified the Second Optional Protocol. The Second Optional
Protocol prohibits, absolutely and permanently, the imposition of the death penalty in
the Philippines.10
Notwithstanding these binding legal commitments, House Bill No. 4727, is now before
the House of Representatives, following approval by the House Justice Committee on 7
December 2016. Amendments to the Bill were the subject of vote in March 2017.
In the Senate, Senate Bill Nos. 4, 42, 185, 186, 187, 889, 985, and 1294 are under the
consideration of the Committee on Justice and Human Rights. Further consideration of
the Senate Bills are suspended as of writing pending consideration by officials of the
effect of relevant international agreements ratified by the Philippines and other
international obligations.
II. International Law, the Philippines, and the Death Penalty
The Second Optional Protocol to the ICCPR
The Philippines ratified the ICCPR in 1986. The ICCPR contains detailed provisions on
the right to life, and places serious restrictions upon the application of the death penalty
to any person within the jurisdiction of the State. These restrictions are considered
below.
More significantly, the Philippines is also, unambiguously and without room for
argument, a State Party to the Second Optional Protocol to the ICCPR.
The Second Optional Protocol is a significant international agreement. At the date of
this Opinion, it has been ratified by 84 States and 2 other States have signed it. It
provides for the complete, and permanent, abolition of the death penalty for all crimes
within the jurisdiction of the state party.11
The act of abolition required by the Second Optional Protocol is absolute. Once ratified
by a State, the obligations of the Second Optional Protocol are incapable of being
retracted or altered by the State at any time in the future.
10
11
ICCPR-OP2, art. 1.
ICCPR-OP2, art. 1.
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