HUMAN RIGHT ADVISORY CHR-A15-2000 “ON THE ABOLITION OF DEATH PENALTY” The Commission on HumanRights had opposed the enactmentof any law reimposing the death penalty law in the Philippines on the groundthatit offends the dignity of the human person and humanrights. Article II, Section 11 of the 1987 Philippine Constitutionstates: “The State values the dignity of every human person and guaranteesfull respectfor human rights.” The aforesaid provision is in accordance with the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights, which the Philippines hadratified, guarantee that every humanbeinghasthe inherent right to life. This right shall be protected by law. No oneshall bearbitrarily deprived of his life. The Congressof the Philippines, nevertheless, enacted Republic Act No. 7659 imposing death sentence with the motivation that the law will be deterrent to the commission of heinous crimes, as enumerated in the aforesaid statute. Statistics, however, showsthat the expectation of the Philippine Congresshasnot been realized. Despite the enactmentof the death penalty law and the execution of seven convicts, more heinous crimes have been committed. From January to October 1999, the reportedcases of rape, which is considered as a heinous crime underthe statute, have substantially increased. Onlyrecently, the President of the Philippines expressed his second thoughts on the imposition of the death penalty. He has commutedto life imprisonment the death sentence of prisoners in Muntinlupa. House Bill Nos. 6083, introduced by Representative Salacnib F. Baterina, and 8844, introduced by Representative Roan L. Libarios, have proposedthe repeal of Republic Act No. 7659. Indeed the Philippines, known as predominantly Christian country, by enacting the death penalty law, has returned to the ancient era of Lex Talionis - “life for a life, tooth for a tooth” - a system blatantly contradictory to the higher values of law andjustice. Pope John PaulII, in his Encyclical “Evangelism Vitae: (Gospel of Life)” issued on 25 March 1995, has said that modernsociety now hasall the means of effectively suppressing crime by rendering criminals harmless without definitely denying them the chance to reform. Moreover, the concept of heinous crimes is now limited to grievous offenses like genocide or international terrorism when the security of the state is placed in danger. The Commission on HumanRights, since the enactment of Republic Act No. 7659 andtheexecutionofthefirst death sentence of Leo Echegaray, recommended to the Philippine Senate to ratify the Second Optional Protocol to the Convention on Civil and Political Right Aiming the Abolition of Death Penalty. The said Protocol states that the abolition of the death penalty contributes to the enhancementof the dignity and progressive development of humanrights. Criminality can be fought with sincere and effective law enforcement and impartial administration of justice. The said Protocol has already been ratified by more than one-half of all the countries and territories. It is about time that the Philippines join the trend in the United Nations to eliminate death penalty statutes andlocal statutes. 39