17. Acrossretentionist countries in Southeast Asia, a disproportionate numberof death sentences continue to be imposed for drug-related offenses. Countries that have ratified the International Covenant on Civil and Political Rights (ICCPR) and that continue to impose capital punishment for drug-related offenses are in contravention of their own international legal obligations. Article 6 of the ICCPR reserves the death penalty solely for the "most serious crimes,” a threshold that international jurisprudence has repeatedly stated drug-related offenses do not meet.3* 18. Death penalty is the deliberate killing of human being by theState. It is unconstitutional per se for being the utmost form of torture3?. Article 7 of the ICCPR condemnstheuseoftorture or cruel inhumanor degrading treatment or punishment. This is even amplified in the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).33, which obliges a State Party to take effective legislative, administrative, judicial or other measuresto preventacts of torture within its jurisdiction.34 19. The Philippines by ratifying CAT commits itself to ensure that underits criminal law all acts of torture, at any stage of commission, punishable prohibition “absolute whatsoever CAT.3¢ are offense by appropriate law.25 The CAT establishes a regime of absolute on torture under any circumstances. Prohibition of torture is and non-derogable” and “no exceptional circumstances” maybe invoked bya State to justify acts of torture as stated by the 20. Giventhat, the Philippines cannot and should not renege on its commitment. To re-impose the death penalty is a breach of international obligation by virtue of our bounden commitments with international humanrightstreaties and our adherenceto theprinciple of pacta sunt servandarule. 21. Such rule has long been recognized in our jurisdiction through the Supreme Court in the landmark case of Tafiada vs. Angara3? where it ruled that: "However, while sovereignty has traditionally been deemed absolute andallencompassing on the domesticlevel, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a memberofthe family of nations. Unquestionably, the Constitution did not envision a hermit-type isolation of the country from the rest of the world. In its Declaration of Principles and State Policies, the Constitution adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity, with all nations." By the doctrineof incorporation, the *" Thid, 26. * CHR Human Rights Advisory on the Abolition of Death Penalty, citing Article Ill, Sections 12(2) and 19(1), 1987 Constitution of the Republic of the Philippines; CHR-A2005-004; Commission on HumanRights; 22 March 2005. *} Ratified on 30 April 1986. *Article 2, Convention against Torture and Other Cruel, Inhumanor Degrading Treatmentor Punishment. * See hitp://main.tfdp.net/index,php?option=com_content&task=view&id=38 1 &Itemid=61 (accessed on 8 November 2016) *6 Seehttp://main.mckinneylaw.iu.edw/human-rights/_docs/shadow-reports/un-phillipines-2009.pdf (accessed, 28 September 2016), p.3, citing the Joint Civil Society report ontorture andthe cruel, inhuman or degrading treatment or punishing in the Philippines, dated March 2009. 37 GR. No 118295, May 2, 1997. 61