More importantly, through the recent accession by the Philippines of the
Second Optional Protocol to the ICCPR, the country has notonly affirmed but has
bounditself to abolish, in perpetuity, the death penalty and uphold therighttolife.
Thesaid Second Optional ProtocolStatesthat,
“1, No one within the jurisdiction ofa State Party to the present Protocol
shall be executed.
2. Each State Party shall take all necessary measuresto abolish the death
penalty within itsjurisdiction.”
Under the international law principle of pacta sunt servanda, States are
required to observetreaties it has entered into in good faith. And in the case of
Tafiada vs. Angara,? the Supreme Court ruled that “treaties do indeed limit or
restrict the sovereignty of a State. By their voluntary acts, States may surrender some
aspects of their power in exchangefor greater benefits granted by or derived from a
convention or pact. Underthe rule of pacta sunt servanda, a State is bound to make
such modifications in its laws as may be necessary to ensure thefulfillment of the
obligations undertaken underthetreaty.”
The enactment by the Philippines of Republic Act No. 9346 prohibiting
imposition of the death penalty in the country showed our progressive compliance
with our international obligations on humanrights. As such, States cannot go back
norrenegeonits self-imposed and voluntary obligations.
Hence, the commission strongly maintainsthat the re-imposition of the death
penalty is a breach of international obligations by virtue of our bounden
commitments with international human rights treaties and our adherence to the
principle ofpacta sunt servanda underinternationallaw.
The Commissionalso affirms that, under the 1987 Philippine Constitution,it
is declared Principle of the State to “value the dignity of every human person and
guaranteefull respectfor human rights.”
Recommendations
Indeed, the instant bill limits the application of the death penalty only to
multiple murder and specific violations of RA 9165. However, the Commission
reiterates its vehement opposition to the re-imposition of the death penalty in any
andall crimes under Philippines laws. First, we emphasize our affirmation of the
humanrightto life and second, we uphold our international humanrights obligation
underthe SecondProtocol to the ICCPR ontheabolition of the death penalty.
The Commission alsoreiterates that certainty of punishment, and notseverity
thereof, serves more the purposeof addressing the atrocious commission of heinous
crimes in the country. Hence, the need to review and strengthen further the five
pillars of justice to ensure that justice is indeed served and served promptly. Proper
implementation of the law cannot be overemphasized.
The Commission also wishes to take this opportunity to open the floor for
consultation with relevant stakeholders and draw somealternative measures such as
restoratives justice, instead of death penalty, which is geared towards restitution of
§ General CommentNo. 6, paragraph 6, ICCPR
°272 SCRA 18
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