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On the Abolition of the Death Penalty

The Commission on Human Rights has opposed the enactment of any law re-imposing the
death penalty law in the Philippines on the ground that it offends the dignity of human person and
human rights. Article II, Section of the !"# Philippine Constitution states$
"The State values the dignity of every human person and guarantees full
respect for human rights".
The aforesaid pro%ision is in accordance with the &ni%ersal 'eclaration on Human Rights
and the International Co%enant on Ci%il and Political Rights, which the Philippines had ratified,
guarantees that e%ery human (eing has the inherent right to life. This right shall (e protected (y
law. )o one shall (e ar(itrarily depri%ed of his life.
The Congress of the Philippines, ne%ertheless, enacted Repu(lic Act )o. #*+! imposing the
death sentence with the moti%ation that the law will (e a deterrent to the commission of heinous
crimes, as enumerated in the aforesaid statute. Statistics, howe%er, show that the e,pectation of the
Philippine Congress has not (een reali-ed. 'espite the enactment of the death penalty law and the
e,ecution of se%en con%icts, ore heinous crimes ha%e (een committed. .rom /anuary to 0cto(er
!!!, the reported cases of rape, which is considered as a heinous crime under the statute, ha%e
su(stantially increased.
0nly recently, the President of the Philippines e,pressed his second thoughts on the
imposition of the death penalty. He has commuted to life imprisonment the death sentence of
prisoners in 1untinlupa. House 2ill )os. *3"4, introduced (y Representati%e Salacni( .. 2aterina,
and ""55, introduced (y Representati%e Roan 6. 6i(arios, ha%e proposed the repeal of repu(lic Act
)o. #*+!.
Indeed, the Philippines, 7nown as a predominantly Christian country, (y enacting the death
penalty law, has returned to the ancient era of Lex Taliones -" life for a life, tooth for a tooth" - a
system (latantly contradictory to the higher %alues of law and 8ustice. Pope /ohn Paul II, in his
9:ncyclical Evangelium Vitae (ospel of Life!" issued on ;+ 1arch !!+, said that modern society
now has all the means of effecti%ely suppressing all crimes (y rendering harmless without definitely
denying them the chance to reform. 1oreo%er, the concept of heinous crimes is now limited to
grie%ous offenses li7e genocide or international terrorism when the security of the state is placed in
danger.
The Commission on Human Rights, since the enactment of Repu(lic Act )o. #*+! and the
e,ecution of the first death sentence of 6eo :chegaray, recommended to the Philippine Senate to
ratify the Second 0ptional Protocol to the Co%enant on Ci%il and Political Rights aiming the
A(olition of 'eath Penalty. The said Protocol states that the a(olition of the death penalty
contri(utes to the enhancement of the dignity and progressi%e de%elopment of human rights.
Criminality can (e fought with sincere and effecti%e law enforcement and impartial administration
of 8ustice. The said Protocol has already (een ratified (y more than one-half of all the countries and
territories. It is a(out time that the Philippines 8oin the trend in the &nited )ations to eliminate
death penalty in local statutes.
The Commission on Human Rights issues this Human Rights Ad%isory addressed to the
President and the Congress of the Repu(lic of the Philippines for their appropriate action and all
persons who %alue the dignity of the human person and the preser%ation and sanctity of life.
"ue#on $ity, %& 'ecem(er )***

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