House Bill No. 4727,2 presently before the House of Representatives, and a number of
Bills before the Senate, seek to reintroduce the death penalty in the Philippines for
certain crimes. For the many reasons given in this study, House Bill 4727 and the
similar Bills before the Senate should not be passed.
This study is a joint collaboration between international law expert Dr Christopher Ward
SC, Senior Counsel of the New South Wales Bar and Adjunct Professor of the
Australian National University, and the Commission on Human Rights of the Philippines.
Overview of Proposed Bills to Re-impose Death Penalty
House Bill No. 4727 proposes the re-introduction of the death penalty in the Philippines
for drug-related offenses particularly importation of dangerous drugs, the sale, trading,
administration, dispensation, delivery, distribution or transportation of dangerous drugs,
maintenance of a drug “den, dive or resort,” manufacture of dangerous drugs, cultivation
or culture of plants classified as dangerous drugs, criminal liability of a public officer or
employee for misappropriation, misapplication, or failure to account for the confiscated,
seized and/or surrendered dangerous drugs, and criminal liability for planting evidence
concerning illegal drugs.
In the Senate, a variety of Bills are tabled. Proponents seek the reintroduction of the
death penalty for crimes including treason, piracy, kidnapping, robbery with violence or
intimidation, aggravated rape, arson, carjacking, drug trafficking, cultivation of narcotic
plants, child trafficking, and the production of child pornography or child prostitution.
Proponents of House Bill No. 4727 and the Senate Bills that reintroduction of the death
penalty is permissible because while Article III, Section 19 of the 1987 Philippine
Constitution abolished death penalty, it also includes a reference to the possibility of its
reintroduction by Congress for “compelling reasons involving heinous crimes.”
Findings of the study show that this proposition is completely untenable. The
reintroduction of the death penalty in any form in the Philippines will expose the
Philippines to international ridicule and criticism as it breaches numerous rules of
international law, including rules that it expressly and freely accepted in the free
exercise of its sovereignty. Breach of international law by the Philippines in this context
will undermine treaty commitments entered into by the Philippines. It will no longer be a
respected member of the community of States.3
2
An Act Imposing the Death Penalty on Certain Heinous Crimes, Repealing for the Purpose Republic Act No. 9346,
Entitled “An Act Prohibiting the Imposition of Death Penalty in the Philippines”, And Further Amending Act No. 3815,
As Amended, Otherwise Known as the “Revised Penal Code”, And Republic Act No. 9165, Otherwise Known as the
th
“Comprehensive Dangerous Drugs Act of 2002,” House Bill No. 4724, House of Representatives, 17 Congress (2017).
3
Roy Stephen C. Canivel, Death penalty revival spooks British investors, INQUIRER.NET, Feb. 22, 2017, available at
http://newsinfo.inquirer.net/874012/death-penalty-revival-spooking-british-investors#ixzz4Ztxu0qAl (last accessed
Mar. 03, 2017).
The Philippine Daily Inquirer quoted the outgoing British Ambassador to the Philippines, speaking about the proposed
revival of the death penalty, “I think there will be a severe blow. It basically says that the Philippines can walk away
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