country is bound by generally accepted principles of international law, which
are considered to be automatically part of our ownlaws.
no
po
. A treaty engagement is not a mere moral obligation but creates a legally
binding obligation on the parties x x x. A state which has contracted valid
international obligations is bound to make in its legislations such
modifications as may be necessary to ensure thefulfillment of the obligations
undertaken.”38
23. The High Court wenton to say: “Bytheir inherent nature, treaties really limit
or restrict the absoluteness ofsovereignty. By their voluntary act, nations may
surrender some aspects of their state power in exchange for greater benefits
granted by or derived from a convention or pact. After all, states, like
individuals, live with coequals, and in pursuit of mutually covenanted
objectives and benefits, they also commonly agree to limit the exercise of
their otherwise absolute rights. x x x. The sovereignty of a state therefore
cannotin fact andin reality be considered absolute. Certain restrictions enter
intothe picture: (1) limitations imposed by the very nature of membership in
the family of nations and (2) limitations imposed bytreaty stipulations. As
aptly put by John F. Kennedy, Today, no nation can build its destiny alone.
The ageof self-sufficient nationalism is over. The age of interdependenceis
here.”39
24. Hence, the Philippines by acceding to the above international human rights
treaties commits to end, in perpetuity, the capital punishment of death and to
preservethe sanctityofthe right tolife.
25. Wealso recognize the discrimination that death penalty carries against the
economically disadvantaged. It seems to perpetuate a system of
marginalization against the poor and vulnerable, the uneducated and
powerless. It is a knownfact that the justice system is biased against those
whocannot afford to hire competentlegal representation. Records show that
most of the people under the death sentence belong to the lower class of
society. Usually financially unable to pay for counsel, the court appoints
counsel de officio for them. More often, poor persons may not receive fair
trials due to incompetent, inexperienced or ineffective counsel. Thus, while
the law is not discriminatory, the practical effect of the death penalty is
discrimination against the poor.4°
. Further, Courts will always befallible and reversible but death penalty will
alwaysbefinal and irreversible. They make mistakes about guilt. Inasmuch as
ourcriminal justice system is flawed as it is designed and run by people, we
cannot do away with the fact that miscarriage of justice will occur in every
wayandthat innocentpeople will continueto be falsely accused and executed
for crimes they did not commit. The Supreme Court has acknowledged in
People v. Mateo4! the judicial error rate of 71.77 percent on death penalty
cases based onthe statistics within the eleven-year period since the reimpositionof the death penalty law in 1993 until June 2004.42 The result was
* Ibid
*Tid.
“° CHR Resolution on the “Re-Examination of the Death Penalty”; 6 March 1997
"' G_R. No. 147678-87, July 7,
“hutp://peij-org/blog/2006/06/
2004.
3/supreme-courts-judicial-errors-in-death-penalty-cases (accessed, 29
September2016), citing Philippine CenterforInvestigative Journalism.
62