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House bill reviving death penalty filed

By Maila Ager
INQUIRER.net
First Posted 16:08:00 01/12/2009

Filed Under: Crime and Law and Justice, Punishment, Congress, Legislation

MANILA, Philippines -- A bill proposing the reimposition of the death penalty against drug offenders has been filed at the House of Representatives.

House Bill 5714 known as "An Act amending Section 1 of Republic Act 9346 otherwise known as 'An act prohibiting the imposition of death penalty in the Philippines'" was initiated by Muntinlupa Representative Rozzano Rufino Biazon on Monday.

A similar proposal filed by Senate Majority Floor Leader Juan Miguel Zubiri is pending at the Senate.

Biazon's bill provides that the imposition of the capital punishment is prohibited "except in cases covered under Republic Act 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."

The aim of this bill is to allow the penalty of death to be imposed on cases covered by RA 9165," Biazon said in the explanatory note of his bill.

Despite concerted efforts of the Philippine Drug Enforcement Agency and other agencies, the lawmaker noted that the menace of the illegal drug trade has remained unabated.

?The non-imposition of the death penalty to cases covered by RA 9165 only emboldens those involved in this illicit industry that destroys the family, takes the lives of its victims and wreaks havoc in Philippine n society,? he said.

It has been shown by experience, Biazon said, that incarceration has not deterred one engaged in drug trafficking from committing the same crime.

There have been instances where the illegal drug trade is ongoing even if the convicted trafficker is behind bars. They continue to profit from the misery of others, to the detriment of society," he further said.

Congress during the 13th Congress enacted a law prohibiting the imposition of the death penalty.

But Biazon said Article III, Section 19 of the 1987 Constitution did not per se abolish the death penalty. It gave Congress the power to impose the death penalty for compelling reasons involving heinous crimes," he added.

And so while the law prohibits the imposition of the capital punishment, Biazon said Congress still had the discretion to mete out such a penalty if it would be deemed necessary.

"Considering that the Constitution grants Congress the flexibility to impose the death penalty under certain circumstances and based on the current wisdom of the time, it is best to impose once again the penalty of death in cases covered by RA 9165 to put back in the consciousness of those involved in the illegal drug trade that the ultimate punishment of death awaits them should they continue to persist in their involvement with illegal drugs," said the bill.



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