The House of Representative has recently approved on third reading the Death Penalty Bill which mostly punished drug-related crimes. The approval of the bill is in connection with the so called “war on drugs” of Pres. Rodrigo Duterte.
The proponents of the revival or re-imposition of capital punishment or death penalty believes that in doing so, it would serve as a deterrent in the commission of the crimes and in the process curb or reduce the high crime rate in the Philippines.
There are of course other groups specially the Catholic Church which vehemently opposed the death penalty’s re-imposition on religious and moral ground, that it is only God who is the Giver of life and so God alone is the only one who has the right to take it away. Stated otherwise, humans should not play the role of a God in taking away human life.
It is interesting to note that the Philippine Senate, the counter part of the House of Representative in the Congress of the Philippines has suspended its inquiry or proceedings concerning the issue of whether or not capital punishment or death penalty will be restored or re-imposed. The reason behind the Senate proceedings suspension was due to the question that the Philippine Government is among the signatories in the United Nation’s International Covenant on Civil and Political Rights which has provision concerning the right to life and the abolition of the death penalty.
It is not certain when the Philippine Senate will resume or re-open its session concerning the issue of re-imposition of the death penalty and whether the Senate will pass a corresponding death penalty bill. For any death penalty bill to become a law, the Senate must likewise pass a bill on this subject and approved the same, so that there could be an approved consolidated bill between the Senate and the House of Representatives that will be presented to the President for his signature.
While it is true that the Congress of the Philippines is empower under the 1987 Philippine Constitution to impose death penalty which provides, “Neither shall the death penalty be imposed, unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it”(Section 19, Art. III, Bill of Rights), it still remains to be seen if any death penalty bill will be eventually turned into law.
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Death penalty is actually being abolished worldwide. But some nations including India still want to retain death penalty. I have read about the presidents war on drugs since the time he assumed office. Many have also been killed in the war against drugs being carried by the Philippines government. Now people will be afraid to deal in drugs as no one would want to lose their life. But there are many who have been addicted by this drug menace and would find it difficult to get out of the problem and the economic condition also does not provide them a smooth passage where they can pursue some other vocations instead of this dangerous drug trade which is a cancer for the society as a whole.
Coming to the death penalty my take is the government has given sufficient time to these people to open up and get themselves treated for side effects of drugs which many have become used to. They cannot give the excuse that since they are unable to get out of this habit they will continue this trade. If people do not want to follow law and create trouble and nuisance in the society by providing drugs as a source of livelihood then there will unfortunately be no other option but to use death penalty. One can tell that it is not right to kill, but a counter question can be asked can they be allowed to provide drugs trade in it and spoil others lives?
Any society has a right to defend and preserve itself under the Principle of Self-Defense. If there is such thing as self-defense on the individual level in order to protect and preserve one's life or one's honor, such a thing or right likewise exists for any society, state, nation or government.
It is the duty of any government to protect its citizens from any lawless elements or crimes in general for that matter. This is the precise reasons why there is the concept of Law and Order, why there is Law Enforcement in order to preserve Peace and Order in society.
Without any Law and Order, there will be Lawlessness or Anarchy in society which in the end will result in the destruction of the society itself.
I believe that death penalty should be imposed on "heinous crime" only provided that the standard of due process is observed and that the guilt of any person accused of any "heinous crimes" was duly proven beyond reasonable doubt in the court of law.
Only under such rigid standard of the due process rule and the proof beyond reasonable doubt rule could it be insure that justice would be served to the victims of heinous crimes and proper retribution given to society. Further, under such rules, the possibility of any innocent person of being wrongly convicted or miscarriage of justice for that matter will be minimized.
I also believed in the line of the film "Ten Commandments" uttered in the film by Moses, that "He who shall not live by the law, shall die by the law".
Man is always responsible or accountable for his or her action provided that such action has freedom, intelligence and intent.
The same rule applies with respect to the selling or peddling of drugs. If you sell or peddle drugs knowing that it is morally wrong to do so and at the same time against the law, then you are accountable for your action and therefore has a debt to pay to the society which you belong.
Under such circumstances, the moment you sell or peddle drugs then you are forfeiting your life now or in the future.
For the record: I support the death penalty. However with regard to what is already happening in the Philippines, seems to me "a law" doesn't matter. The death penalty is already in effect by way of "extra judicial killings". Don't get offended by what I say. I only know what's reported in the news. If I'm wrong, please correct me my misunderstanding.
Yes you are right. The so called "Extra-Judicial Killings" or "ECJ" do exists. Not all people were being killed in connection with the drug campaign died due to shoot out between the police and the person killed or due to "legitimate police operation" as this term or phrase is constantly being use by the police authorities.
The Philippine Commission On Human Rights, the Amnesty International and the United Nation Rapporteur in the Philippines, the Catholic Church and other caused-oriented groups in the Philippines has reached the same conclusion that Extra-Judicial killings or "ECJ" indeed exists and is happening in the Philippines.
Extra-Judicial Killings is simply against the law and has no place in the Philippine Legal System. It is simply a form of vigilante or gang-style sort of killings. It has no place in any Civilized Society.
The faith of the Filipino People to its Judicial System/ Criminal Justice System must be restored so that any Extra-judicial killing would eventually become things of the past.
The Philippine Legal System or to be precise, the Philippine Criminal Justice System involves 5 Pillars, namely: 1. Law Enforcement; 2. Prosecution of Crimes; 3. The Court; 4. Probation and Penology; and 5. The Public or Society in general.
These 5 Pillars of the Philippine Criminal Justice System must work hand and hand for a better and effective system of law enforcement and punishment of crimes.
There is no short-cut to justice other than what the law says or what the law provides. Everything must be done in accordance with what the law says or always within the limits of the law.
If the “Extra-Judicial Killings” or “ECJ” will still persists or continue to exist in the Philippines then it would be an act in desperation.
In that case, the Philippine Judicial System or the Criminal Justice System would become useless and inutile.
Death penalty should not be imposed because there is still a question on the justice system. What if the suspect who was put to death was innocent?
It is only the House of Representatives of the Philippines that has approved on third reading the Death Penalty Bill.
The Senate has suspended its inquiry or proceeding as to whether or not to revive or re-impose the death penalty. So there must be a corresponding Senate Bill about death penalty that must first be approved. Once this is also approved on third reading, there will be a consolidated bill between the Senate and the House of Representatives.
The moment this consolidated bill is finalized between the two chambers, then it will be presented to the President for his signature. The President must sign the consolidated bill. And after sufficient publication in any newspaper of general circulations for the required period or the Official Gazette, that’s the only tine it will take effect as law.
As to the issue that an innocent person might be put to death, there are always safety nets under our Bill of Rights for the protection of accused rights during the course of the court trial.
For one, there is the presumption of innocence until the contrary is proved or unless his guilt is duly proven beyond reasonable doubt. So the police authorities thru the Prosecutions must prove the guilt of the accused. In case of doubt or if the accused guilt is not proven beyond reasonable doubt, then by all means, the accused must be acquitted by the court.
Another thing, the accused has the right to defend himself or herself in court by securing the production of witnesses in his or her behalf; the accused may also testify on his or her behalf if he or she opt to do so.
The accused is also entitled to secure the services of a lawyer or attorney and if he or she cannot afford the services of a lawyer or an attorney, then the it is the obligation of the government to provide for him or her the free services of a lawyer or attorney who will assist and help him or her during the course of the trial.
While it may be argued that despite, these legal and constitutional rights and safeguards, error may be committed in the course of the trial i.e. innocent persons maybe convicted, it is indeed possible and it does really happen in actual life.
However, no judicial system ever device or invented by human being who is subject to error is perfect. But what alternative kind of Judicial System do we have to replace the present Philippine Judicial System?
The present Philippine Judicial System is the best system we have no matter how imperfect it is.
I am for the revival of the death penalty . Although it is saddening that it will only be applicable to drug related cases.
What about those rapes and murders. Don't they find them too heinous that they didn't include those as reasons for the death penalty.
Rapes and murders are rampant too. Rape is also just like taking one's life even if the victim isn't killed. That's because all through the life of the rape victim she will carry with her the bitter memory and the trauma that will forever haunt her.
Yes you are right. Rape or Murder or even Robbery with Homicide are considered "heinous crimes" that warrants death penalty.
Killing people to teach that killing is wrong makes no sense at all. An eye for an eye leaves the whole world blind. Letting them rot is a far better punishment.
An eye for an eye until everyone is blind.
I am in favor of death penalty because crimes are already rampant. It seems like people are not afraid to commit crimes because they know that they are only going to jail. In jail, there is free food, programs, exercises, and bed, which maybe for them is not a worst scenario. That's why the government should impose something that will make people hesitate to commit crimes. The revival of death can really help. Actually, the relatives of the victims of those heinous crimes were also asking for the death penalty to be implemented again. We need to strengthen our law.
I am not in favor to death penalty punishment. Why? It is happening without it. I do go for the advocates of United Nation.It seems that country is in chaos. The political or personal views made the people put into division.
I am not fond of politics. It is just my opinion and not trying to bend your opinion about it. I am just saying my thoughts about it.