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