Position Paper on SenateBill No. 2322 Commission on HumanRights of the Philippines “All over the world, men and womendelight in proclaiming ‘I amfree.’ All three words in this short sentence are suffused with significance. The word ‘free’is significantforfreedomis an importantright; It is the aspiration ofall. But to be ‘free’, you mustfirst establish T am’ in you. Tam is a declaration of existence, a proclamation of the right to life.” Chief Justice Reynato Puno Introduction In the year 2006, the human rights community, in advocacy of the right to life, found victory through the passage of Republic Act 9346 entitled “An Act Prohibiting the Imposition of Death Penalty in the Philippines.” This was after more than a decadeof struggle and battle against Republic Act No. 7659 otherwise known as the “Death Penalty Law” enactedin 1993. Recent developments, however, specifically the killing of 10 officials and employees in RCBC, Calamba andof2 families in Cabuyao, Laguna have shocked the nation and again brought into national consciousness the profile of our justice system. Thesegross violations of humanrights have madeusreflect on the depravity and debauchery that lurks in the humansoul. It has prompted relevant sectors of society especially the government to immediately look and act into the matter, including the legislature. As a consequence, Senate Bill No. 2322, entitled “An Act Reimposing the Penalty of Death on Certain Heinous Crimes, Amending for the Purpose Certain Sections of the Revised Penal Code, as Amended and other Purposes”, was filed by Senator Juan Miguel Zubiri on May 26, 2008precisely as a direct responseto this gruesome disregard to the lives of people. The Bill aims to address the “wanton disregard of the ruleof law andthe dignity of humanlives.” Said bill, in the explanatory note, further states that “the reimposition of the death penalty will make these criminal syndicates and hardenedcriminals think twice before they perpetrate their heinous crimes.” It limits the application of the death penalty to “multiple murders and certain atrocious criminal acts under RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.” Death Penalty is NOT the Answer. Certainty, and not Severity, of Punishmentis. The Commission on HumanRights abhors the relentless arbitrary deprivation of life committed by persons drawn bytheirevil intents, purposes andinstincts. Such unnecessary loss and indifference of the right to life deserves the ultimate condemnationof society. Weaffirm thatthe right to life is the supreme right from which no derogation is permitted evenin timeof public emergency whichthreatens the life of the nation.’ that, The Universal Declaration on Human Rights (UDHR) categorically states ' Article 4, ICCPR and General CommentNo. 6, paragraph 1, ICCPR 49