Capital punishment in the Philippines

Capital punishment in the Philippines has a varied history and was abolished on June 24, 2006 (the second time since 1987).

Filipinos have mixed opinions about the death penalty, with many opposing it on religious and humanitarian grounds, while others advocate it as a way of deterring crimes.

Spanish and American Periods

During Spanish colonial rule, the most common method of executions were shooting by the firing squad (especially for treason/military crimes, usually reserved for independence fighters) and garrotte (a notable case would be the Gomburza).

A prominent example is the country's national hero, Jose Rizal, who was executed by firing squad on the morning of December 30, 1896.

In 1926, the electric chair was introduced, by the United States colonial government. This made the Philippines the only country besides the United States to employ this method.

1946 to 1986

The capital crimes after regaining full independence were murder, rape and treason. A well-publicised triple execution took place in May 1972, when Jaime Jose, Basilio Pineda, and Edgardo Aquino were electrocuted for the 1967 abduction and gang-rape of the young actress Maggie dela Riva. Firing squad was also allowed for some cases.

Under the dictatorship of President Ferdinand Marcos, drug trafficking became punishable with death by firing squad. A notable execution was that of drug-trafficker Lim Seng, whose death was broadcast on national television.

Electrocution was used until 1976, when execution by firing squad eventually became the sole method of executions. During the Marcos regime, however, countless more people were summarily executed, tortured, or simply disappeared for opposition to his rule.

After Marcos was deposed in 1986, the newly-drafted Constitution prohibited the death penalty except for certain crimes. This meant, in effect, that it was abolished totally and made Philippines the first Asian country to do so. The 1987 Constitution is the version currently in force.

Reinstatement and moratorium

President Fidel V. Ramos promised during his campaign that he would support the reintroduction of the death penalty in response to increasing crime rates. The new law, drafted by Ramos, restored capital punishment by defining "heinous crimes" as everything from murder to stealing a car.

This law provided the use of the electric chair until the gas chamber (chosen by the government to replace electrocution) could be installed. However, the electric chair was destroyed some time prior due to a typhoon, leaving only a blackened scorch mark. Some sources have said it had burnt out the last time it had been used.

The first execution by lethal injection took place under Ramos' successor, Joseph Estrada. Because the Philippines is predominantly Catholic, Estrada called a moratorium in 2000 to honour the bimillenial anniversary of Jesus' birth. Executions were resumed a year later.

Estrada's own successor, Gloria Macapagal Arroyo, was a vocal opponent, and also approved a moratorium, but later permitted executions and denied clemencies.

Abolition

On April 15, 2006, the sentences of 1,230 death row inmates were commuted to life imprisonment, in what Amnesty International believes to be the "largest ever commutation of death sentences". Capital punishment was re-abolished via Republic Act No. 9346, which was signed by President Gloria Macapagal-Arroyo on June 24, 2006. The bill followed a vote held in Congress earlier that same month which overwhelmingly supported the abolition of the practice. The penalties of life imprisonment and reclusion perpetua (indeterminate sentence, 30-year minimum) replaced the death penalty. Critics of Arroyo's initiative called it a political move meant to placate the Catholic Church, some sectors of which were increasing in opposition to her administration.

Aftermath

An old Philippine embarkation card warning (falsely) visitors about the death penalty for drug trafficking.

President Arroyo has controversially pardoned many prisoners including Former President Joseph Estrada who was found guilty of corruption in 2007 and all remaining convicted felons charged with the assassination of Former Senator and opposition leader Benigno Aquino, Jr. in 2009.

Methods

The Philippines was the only country except the United States which used the electric chair (1926–1976).

After reintroduction of the death penalty in 1993, the country switched to lethal injection.

References

• Philippines 'restores' death penalty - By John McLean (BBC correspondent in Manila)
• Lamban, S. 2000. Death Penalty in the Philippines