People of the Philippines v.

Elpidio Mercado
G.R. No. 116239. November 29, 2000
Per Curiam

DOCTRINE: Punishments are cruel when they involve torture or a lingering death; but the
punishment of death is not cruel, within the meaning of that word as used in the constitution.

FACTS: Accused-appellants SPO2 Elpidio Mercado and SPO1 Aurelio Acebron were sentenced
to death by lethal injection after they were found guilty beyond reasonable doubt of kidnapping
with murder in the RTC.

The accused-appellants questioned the constitutionality of RA 7659 providing for the death
penalty for 13 heinous crimes.1

According to them, said law violates the constitutional ban against infliction of cruel, degrading,
or inhuman punishment.

ISSUE: Whether or not R.A. 7659 is unconstitutional?

RULING: NO. First, Congress is authorized under the Constitution to determine when the elements
of heinousness and compelling reasons are present, and the Court would exceed its own authority
if it questioned the exercise of such discretion.

Second, the Court has ruled in several cases that punishments are cruel when they involve
torture or a lingering death; but the punishment of death is not cruel, within the meaning of that
word as used in the constitution.

As to the contention that the re-imposition of the death penalty violates international treaty
obligations, particularly the International Covenant on Civil and Political Rights, the Court
explained that even if Article 6 of the Covenant enshrines the individual's right to life. Article 6(2)
of the Covenant explicitly recognizes that capital punishment is an allowable limitation on the right
to life, subject to the limitation that it be imposed for the most serious crimes.'

The Constitution itself protects, envelops the accused with the mantle of protection guaranteed
by the Bill of Rights. Section 1 of Article III of the Constitution provides that no person shall be
deprived of life, liberty or property without due process of law. In other words, the accused
cannot be deprived of his life without due process of law nor shall any person be denied the equal
protection of the laws.

1 Crimes of treason, qualified piracy, qualified bribery, parricide, murder, infanticide, kidnapping
and serious illegal detention, robbery with violence against or intimidation of persons, destructive
arson, rape, plunder, importation of prohibited drugs, etc.