ADVISORY ON THE REIMPOSITION OF THE DEATH PENALTY CHR(V) A2016-002 Recognizing the multifarious and complex issues surroundingthepolicies of crime prevention and criminaljustice in the Philippines andthe current administration's declared policy to reinstate the capital punishmentof death as a form ofretribution; Emphasizing the following principles enshrined underthe 1987 Constitution, to wit: The State values the dignity of every person and guarantees full respect for humanrights;' protection oflife, liberty, and property and promotion of the general welfare are essential for the enjoymentbyall the peopleofthe blessings of democracy;? no personshall be deprivedoflife, liberty or property without due processof law;3 excessivefines shall not be imposed norcruel, degrading or inhumanpunishmentinflicted;4 Emphasizing furtherthat, in compliance with its international commitments andconstitutional mandates, the Philippine government enacted Republic Act No. 93465 wherethe death penalty was commutedto reclusion perpetua orlife imprisonment,as the case maybe, withoutthe benefit of parole; Recalling the Universal Declaration of Human Rights which provides that everyonehastherighttolife, liberty and security of person; no oneshall be subjectedto tortureorto cruel, inhumanor degrading treatment;7 all are equal before the law andare entitled without discrimination to the equal protection of the Jaw;8 everyoneis entitled in full equality to a fair and public hearing by an independentandimpartial tribunalof any criminal charge against him; Highlighting therightto life as a basic humanright derived from the inherent dignity of a humanpersonenshrinedin international instruments to which the Philippinesis a party, including the International Covenanton Civil and Political Rights, '° the Covenant on Economic,Social and Cultural Rights;" the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, and the Convention onthe Rights of the Child;*2 Highlighting further thatas a state party to the Second Optional Protocol to the CovenantonCivil and Political Rights Aiming at the Abolition of Death Penalty, eeee the Philippinesbelieves that abolition of death penalty contributes to enhancementof humandignity and progressive development of humanrights and is convinced that all measuresofabolition of the death penalty shall be consideredas progress in the enjoymentoftherighttolife. Article II, Section 11, 1987 Constitution of the Republic of the Philippines. Article II, Section 5, 1987 Constitutionof the Republic of the Philippines. Article III, Section 1, 1987 Constitution of the Republic of the Philippines. Article III, Section 19, 1987 Constitution of the Republic of the Philippines. An Act Prohibiting the Imposition of Death Penalty in the Philippines; Passed on 24 June 2006. Article 3, Universal Declaration of Human Rights. Article 5, Universal Declaration of HumanRights. Article 7, Universal Declaration of HumanRights. Article 10, Universal Declaration of Human Rights Articles 4, 6 and 7, Covenanton Civil and Political Rights. '! Article 2, Covenant on Economic, Social and Cultural Rights. ” Article 37(a), Convention on the Rights of the Child. 13 Adopted and Proclaimed by General Assembly Resolution 44/128 15 December 1989 57

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