fear, as fear of death comesasa strong natural discouragement. Theyare of
theview that reviving the capital punishmentwill deter the commission of
heinouscrimeslike murder, rape, kidnapping, child trafficking, and those
involving violation of Republic Act No. 9165 (Comprehensive DrugsAct of
2002), amongothers.It arguedthatthe penaltiesof reclusion perpetua and
life imprisonment havenotbeenaneffective deterrent to the commission of
these nefariousacts.
. Anotherview is that the Constitution did not perse abolish the death
penalty. It gave Congress the powerto impose death penalty for compelling
reasonsinvolving heinouscrimes.*9 It further argued that while Republic Act
No. 9346did prohibit the imposition of death penalty, Congressstill has the
discretionto restoreit if it deems necessary.?°
. Pursuantto its constitutional mandate to “monitor government's compliance
withits internationaltreaty obligations on humanrights”and its power “to
recommendto Congresseffective measures to promote humanrights”, the
Commission on HumanRights strongly opposesthe re-imposition
of the death penalty. Reinstating the capital punishmentwill certainly
produce myriad of implications, both legal and moral, and will have a long
term effect both in the domestic andinternational spheres.
. We are notfully convinced thatrestoration of death penalty is the answerto
therising criminality. Thereis no scientific study showing that death penalty
deters people from committing crime. A recent survey of the most leading
criminologists in the United States found that the overwhelming majority did
not believe that the death penalty is proven deterrent to homicide. Eightyeight percent ofthe country's top criminologists do not believe the death
penalty acts as a deterrent to homicide, according to a newstudy published
in the Journal ofCriminal Law and Criminology and authored by Professor
Michael Radelet, Chair of the Departmentof Sociology at the University of
Colorado-Boulder, and Traci Lacock, also at Boulder. Similarly, 87% of the
expert criminologists believe that abolition of the death penalty would not
have anysignificant effect on murderrates. In addition, 75% of the
respondents agree that "debates about the death penalty distract Congress
andstate legislatures fromfocusing onreal solutions to crime problems.”23
. Consideringthatthereis no clear study whichreveals a material correlation
betweendeath penalty and loweringof crimerate, it is safe to conclude that
the capital punishmentis not a necessary deterrent to the commission of
crime. In 1999, President Joseph Estradacarried out the capital punishment
and putto death seven (7) death row convicts.*4 It was a bumperyearfor
executions which were intendedto abate criminality. Instead, using the same
Article Ill Section 19 (1), 1987 Constitution.
HouseBill No. 16
Section 18 (7), Article 13, 1987 Constitution.
Section 18 (6), Article 13, 1987 Constitution.
See http://www/deathpenaltyinfo.org/study-88-criminologists-do-not-believe-death-penaltyeffective-deterrent (Accessed on 11 October 2016)
** “Teo Echagaray, convicted of repeatedly raping his step-daughter, was convicted on February 5, 1999.
Eduardo Agbayani, convicted of raping his daughter, Eden, was the second manto die bylethalinjection
on May 25, 1999. OnJuly 8, 1999, it was the turn of Dante Piandiong, Jesus Morallos, and Archie Bulanthe three were sentenced to die for robbery in which a Caloocan City policemanwaskilled. Two convicted
rapists, Pablito Andan and Alex Bartolome were executed on October 26, 1999 and January 6, 2000,
respectively." See: http://www.philstar.com/news-feature/235048/nbp-priest-death-can-be-beautiful
(accessed on 3 November 2016)
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