Execution of Penalties

8/11/2019 Execution of Penalties

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EXECUTION AND SERVICE OF

PENALTIES


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HISTORY OF EXECUTON OFPENALTIES IN CAPITALOFFENSES

Spanish Period (1521-1898)

Capital punishment during the earlySpanish Period took various formsincluding burning, decapitation,drowning, flaying, garrote, hanging,

shooting, stabbing and others.


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American Period (1898-1934)

The Codigo Penal SpanishPeriod (1521-1898)

Capital punishment during the earlySpanish Period took various formsincluding burning, decapitation,

drowning, flaying, garrote, hanging,shooting, stabbing and others.


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Japanese Occupation (1941-1945)

There are no recorded or documentedcases of executions through the deathpenalty during this period simply becauseextrajudicial executions were widelypracticed as part of the pacification of the

country.Post-World War II

Espionage is added to the list of capitaloffenses.

The Marcos Years (1965-1986)

Nineteen executions took place during thePre-Martial Law period. Twelve were

executed during Martial Law.


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President Corazon CojuangcoAquino (1986-1992)

The Death Penalty was abolished under the1987 Constitution.

The Philippines became the first Asian countryto abolish the death penalty for all crimes.

President Joseph Ejercito Estrada (1998-2001)

Leo Echegaray was executed in February 1999

and was followed by six other executions forvarious heinous crimes.


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President Gloria Macapagal Arroyo (2001-present)

Arroyo publicly stated that she is not in favorof executions.

Due to the rise in crimes related to drugs andkidnappings that targeted the Filipino-Chinesecommunity, she announced that she wouldresume executions to sow fear into the

hearts of criminals. Arroyo lifted the de facto moratorium issuedby Estrada on December 5, 2003.


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Execution of PenaltiesGeneral Rules:

Art. 70. Successive service of sentence . When theculprit has to serve two or more penalties, he shall servethem simultaneously if the nature of the penalties will sopermit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of theirrespective severity shall be followed so that they may beexecuted successively or as nearly as may be possible,should a pardon have been granted as to the penalty orpenalties first imposed, or should they have been served

out.


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the respective severity of the penalties shall bedetermined in accordance with the following scale:

1. Death,

2. 2. Reclusion Perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification, 10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and bevoted for, the right to follow a profession or calling, and

12. Public censure.


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Art. 78. When and how a penalty is tobe executed . No penalty shall beexecuted except by virtue of a final

judgment.

A penalty shall not be executed in anyother form than that prescribed by law,nor with any other circumstances orincidents than those expressly

authorized thereby.


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Art. 86. Reclusion perpetua, reclusiontemporal, prision mayor, prision

correccional and arresto mayor.

Thepenalties of reclusion perpetua,reclusion temporal, prision mayor,prision correccional and arresto mayor,shall be executed and served in theplaces and penal establishmentsprovided by the Administrative Code in

force or which may be provided by lawin the future.


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Art. 87. Destierro. Any person

sentenced to destierro shall not bepermitted to enter the place or placesdesignated in the sentence, nor withinthe radius therein specified, which shallbe not more than 250 and not less than25 kilometers from the placedesignated.


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Art. 88. Arresto menor . The penalty

of arresto menor shall be served in themunicipal jail, or in the house of thedefendant himself under thesurveillance of an officer of the law,

when the court so provides in itsdecision, taking into consideration thehealth of the offender and otherreasons which may seem satisfactory to

it.


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Art. 82. Notification and execution of the sentence andassistance to the culprit. The court shall designate aworking day for the execution but not the hour thereof;and such designation shall not be communicated to theoffender before sunrise of said day, and the executionshall not take place until after the expiration of at leasteight hours following the notification, but before sunset.During the interval between the notification and theexecution, the culprit shall, in so far as possible, befurnished such assistance as he may request in order tobe attended in his last moments by priests or ministers

of the religion he professes and to consult lawyers, aswell as in order to make a will and confer with membersof his family or persons in charge of the management ofhis business, of the administration of his property, or ofthe care of his descendants.


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Art. 83. Suspension of the execution of thedeath sentence. The death sentence shallnot be inflicted upon a woman within thethree years next following the date of thesentence or while she is pregnant, nor upon

any person over seventy years of age. In thislast case, the death sentence shall becommuted to the penalty of reclusionperpetua with the accessory penaltiesprovided in Article 40.


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Art. 84. Place of execution and persons whomay witness the same. The execution shalltake place in the penitentiary of Bilibid in aspace closed to the public view and shall bewitnessed only by the priests assisting theoffender and by his lawyers, and by hisrelatives, not exceeding six, if he so request,by the physician and the necessary personnelof the penal establishment, and by suchpersons as the Director of Prisons mayauthorize.


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Art. 85. Provisions relative to the corpse of theperson executed and its burial. Unless claimed byhis family, the corpse of the culprit shall, upon thecompletion of the legal proceedings subsequent tothe execution, be turned over to the institute oflearning or scientific research first applying for it,for the purpose of study and investigation, providedthat such institute shall take charge of the decentburial of the remains. Otherwise, the Director ofPrisons shall order the burial of the body of theculprit at government expense, granting permissionto be present thereat to the members of the family

of the culprit and the friends of the latter. In nocase shall the burial of the body of a personsentenced to death be held with pomp.

Republic Act No 8177


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Republic Act No. 8177AN ACT DESIGNATING DEATH BY LETHAL INJECTION ASTHE METHOD OF CARRYING OUT CAPITAL PUNISHMENT,AMENDING FOR THE PURPOSE ARTICLE 81 OF THEREVISED PENAL CODE, AS AMENDED BY SECTION 24 OF

REPUBLIC ACT NO. 7659,., March 20, 1996

"The Director of the Bureau of Corrections shall take steps to ensurethat the lethal injection to be administered is sufficient to cause theinstantaneous death of the convict.

"Pursuant to this, all personnel involved in the administration of lethalinjection shall be trained prior to the performance of such task.

"The authorized physician of the Bureau of Corrections, afterthorough examination, shall officially make a pronouncement of theconvict's death and shall certify thereto in the records of the Bureauof Corrections.

The death sentence shall be carried out not earlier than one (1) yearnor later than eighteen (18) months after the judgment has becomefinal and executory without prejudice to the exercise by the Presidentof his executive clemency powers at all times."


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Section 2. Persons already sentenced by judgment, whichhas become final and executory, who are waiting toundergo the death penalty by electrocution or gaspoisoning shall be under the coverage of the provisions ofthis Act upon its effectivity. Their sentences shall beautomatically modified for this purpose.

Section 3. Implementing Rules . The Secretary ofJustice in coordination with the Secretary of Health and theBureau of Corrections shall, within thirty (30) days fromthe effectivity of this Act, promulgate the rules toimplement its provisions.

thereof.


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Related case:

IN THE MATTER OF THE

PETITION FOR HABEASCORPUS OF PETE C.LAGRAN,, 363 SCRA 275


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If at any time the convict shall

recover his reason, his sentenceshall be executed, Unless thepenalty shall have prescribed inaccordance with the provisions of

this Code. The respective provisions of thissection shall also be observed ifthe insanity or imbecility occurswhile the convict is serving hissentence.


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MINORS

RULE ON JUVENILES IN CONFLICTWITH THE LAW- SUPREME COURTA.M No. 02-1-18-SC ,Sections 31-35

Presidential Decree No. 603 Arts 189-204

RA 9344, Juvenile Justice andWelfare act of 2006

Execution of Penalties

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