MANILA, Philippines -- The Supreme Court has set a full court (en banc) hearing on the appeal of two police officers convicted of killing Colonel Rolando Abadilla to declare as unconstitutional a provision in the law prohibiting the imposition of the death penalty in the Philippines.

Section 3 of Republic Act 9346 provides that a “person convicted of offenses punishable by reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole.

RA 9346 repealed RA 7659 that imposed the death penalty on heinous crimes.

The two told the high court that their constitutional rights would be violated with the implementation of Section 3 of the law.

Augusto Santos, Lenido Lumanog, together with Senior Police Officers 2 Cesar Fortuna, Rameses De Jesus, and Joel De Jesus were meted the death penalty by the Quezon City regional trial court Branch 103 but since RA 7659 had been repealed, the Court of Appeals, early this year modified their penalty to reclusion perpetua without the benefit of parole.

Abadilla was killed in an ambush in the morning of June 13, 1996 along Katipunan Avenue in Quezon City.