THE PROPOSAL of presumptive President-elect Rodrigo Duterte to bring back the death penalty on Monday drew opposition from the Commission on Human Rights (CHR), which said it would ask Congress to block any move for the restoration of capital punishment in the Philippines.
But Speaker Feliciano Belmonte Jr., whose leadership in the House of Representatives is under threat, was uncertain if Duterte’s proposal to execute criminals by hanging could be blocked.
“There will be those who will oppose. Don’t know if they can stop it,” Belmonte said in a text message.
“This is a very contentious issue, which was debated for years before. Will need to think it over carefully,” said Belmonte, who was careful not to antagonize Duterte, the tough-talking mayor of Davao City who won the May 9 presidential election.
He is fighting off claims to the speakership by Duterte’s allies in the House led by newly elected Davao del Norte Rep. Pantaleon “Bebot” Alvarez.
Constitutionality
CHR Chair Jose Luis Martin Gascon said any proposal to reinstate the death penalty must be done in accordance with the 1987 Constitution, which abolished capital punishment but allowed its reimposition, with the approval of Congress, for heinous crimes.
“[T]his will require congressional intervention, and the CHR is prepared to explain its position to Congress as to why it is against the reimposition of capital punishment,” Gascon said.
“It should be noted that more and more states are abolishing [the death penalty],” he added.
Gascon said the incoming Congress’ attitude toward the death penalty was still unclear to him, noting the differing approaches of previous administrations to deterring criminals.
The death penalty was restored in 1993 under then President Fidel V. Ramos but executions started in 1999 under then President Joseph Estrada.
“I am sure the next Congress would want to cooperate fully with the new administration and will consider all aspects on this and other matters brought to it,” Gascon said.
Reasons for opposition
He cited three reasons for the opposition of the national and international human rights community to the death penalty.
It constitutes what is effectively cruel, inhumane and degrading punishment prohibited in the Bill of Rights and international law.
It is contrary to the rehabilitative purpose of criminal justice and does not fully consider the possibility of mistake as it cannot be undone.
It is not a deterrent and is unequally applied on the poor.
Ako Bicol Rep. Rodel Batocabe said Duterte’s intention in reintroducing the death penalty was “noble and laudable,” but he should provide research to show that bringing back capital punishment would be an effective deterrent to crime.
Former Akbayan Rep. Walden Bello opposed the restoration of the death penalty. “It’s unfortunate if that’s being contemplated, and I hope Congress does not approve,” he said.
Malacañang stayed away from the discussion, saying on Monday it was concentrating on the transition to the incoming administration.
Views of senators
Duterte’s proposal drew some support in the Senate on Monday, with Sen. Antonio Trillanes IV, who lost the vice presidential election, saying he favored the reimposition of the death penalty.
Presumptive Senator-elect Panfilo Lacson, a former chief of the Philippine National Police, said he favored the return of capital punishment, but not death by hanging as proposed by Duterte.
“The great intent to strengthen our laws, specifically against illegal drugs, I’m all for that,” Trillanes told reporters.
Lacson said he was “fully supportive” of the revival of the death penalty, especially for big-time drug lords and offenders convicted of heinous crimes.
He said, however, that he opposed “the manner that is being suggested, such as by hanging.”
“Aside from [hanging] being inhuman, I don’t want our people, especially [the] children, to witness medieval age-like executions even of the most notorious criminals,” Lacson said in a text message.
Presumptive Senator-elect Leila de Lima, a former CHR chief, vowed to oppose any move for the restoration of the death penalty.
“I do believe that that is not the solution. The solution is to fix the justice system. The new [President] should start with the strict and faithful enforcement of laws,” said De Lima, also a former secretary of justice.
The Catholic Church said it would oppose the restoration of capital punishment.
“We will definitely oppose that, especially the (Catholic Bishops’ Conference of the Philippines),” retired Archbishop Oscar Cruz said.
Cruz said the Church was against the death penalty not only because killing is a violation of the commandments of God but also because the Philippines’ justice system was weak.
“Many of those who were punished to be detained do not deserve to be in jail. A lot of them are falsely accused,” Cruz said. With reports from Gil C. Cabacungan, Niña P. Calleja and Tina G. Santos