V. “Heinous Crimes": The 1987 Philippine
Constitution
Because, for the reasons given above,
drafted,
any attempt to reintroduce the death
Philippines
should
no
penalty
for
death
penalty
in
the
Philippines
is
illegal.
the
the
domestic
law
longer
of
the
provide
in
any
Strictly speaking, it is not necessary to
circumstances. The proviso to Section
consider the effect of Section 19 of the
19 was limited in two ways.
Bill
of
Rights
of
the
1987
Philippine
Constitution. But the same provision in
First,
fact
Congress
provides
additional
compelling
it required
an
assessment
that
there
by
existed
grounds for the invalidity and illegality
compelling
of the proposed laws.
death penalty. Secondly, it imposed
reasons
to
reinstate
the
a
permanent limitation for the purposes
Section 19 provides:
of the domestic law of the Philippines —
the death penalty could thereafter be
Excessive
nor
fines
cruel,
not
degrading
punishment
death
shall
inflicted.
be
imposed,
re-imposed
or
inhuman
Finally,
Neither
penalty be imposed,
compelling
reasons
crimes,
the
provides
for
unless,
involving
Congress
it.
already imposed
Any
death
shall be
shall
for
there
compelling
reasons
reinstatement
of
hereafter
constitution
penalty
done
that
to
it
can
penalty.”
19
recognition
represents
that
at
the
a
considered
time
it was
42
was
everything
inhuman
reclusion perpetua.
Section
can
the
be
never
any
to
justify
death
penalty,
“the compelling reason required by the
heinous
reduced
only for “heinous crimes.”
be
that
the
State
has
in its command
so
justified
an
punishment
to
called
use
death