The
framers
of the
1987
provided
various
provision
was
included.
SJ, one
of the
Bernas,
commissioners,
imposition
of
reasons
why
Fr.
penalty
in
People
his
v.
definition
dissenting
Alicando.
etymological
constitutional
that
Kapunan's
heinous
this
Joaquin
explained
death
Santiago
Constitution
root
of
opinion
He
traced
of
the
in
the
word
“heinous” to the Early Spartans’ word,
the
haineus,
inflicts
meaning,
hateful
and
traumatic pain on the convict and the
abominable,
which, in turn, was
from
family and stated that there was a lack
the Greek prefix haton, denoting
acts
of
“so
convincing
penalty
crimes.
evidence
deters
The
the
death
commission
Philippines
favored
that
penal
Supreme
of
system
restorative
hatefully
or
shockingly
evil". The
Court also agreed
with this
definition.
justice.
The Court in People v Echegaray also
The
Court
in
People
v.
discussed
the
meaning
“heinous.”
The
Court
ruled
Echegaray
of the
first
heinousness
term
pointed
that
the
and
elements
of
compulsion
are
inseparable and are interspersed with
to
Republic Act No. 7659. The preamble to
each
that Act characterizes heinous crimes
“alarming upsurge of such crimes” as
as
stated
and
acts
which
hateful
reason
are
“grievous,
offenses
of their
and
inherent
wickedness,
viciousness,
perversity
are
odious
said
and
Court
also
considered
law
reasons
to
be
the
involving
Neither
vyardstick
to
is
it
heinous
necessary
crimes.
to
show
statistical data on higher incidences of
society.”
crimes
The
is immaterial
determine the existence of compelling
standards
ordered
an
the same for it was never intended by
repugnant
and
in R.AA. No. 7659
that
manifest
and norms of decency and morality in
a just, civilized
concluded
and irrelevant in the act of Congress in
atrocity and
outrageous to the common
It
by
which,
or
other.
Justice
43
to
constitute
“compelling