Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

THIRTEENTH CONGRESS
1* Regular Session

258

Introduced by RODRIGUEZ D. DADIVAS

House Bill No.

Explanatory Note
The imposition of death penalty has never been and never will be a deterrent to the
commission of crime. It has proven time and again that heinous crimes continue to
increase despite the death penalty law. in the meantime, some 21 prisoners in the
death row of the New Bilibid Prison in Muntinlupa City would surely die by lethal
injection once they are scheduled and nobody knows if these people are indeed
guitty of the crime.

This bill seeks to abolish the death penalty as prescribed in Republic Act No. 7659 or
the Death Penaity Law, Act No. 3815, otherwise known as the Revised Penal Code
and other special laws for the simple reason that the Constitution prohibits cruel and
unusual punishment. There is no law that provides the severing of any parts of the
body of a murderer, a rapist or a kidnapper because it constitutes cruel punishment
how much more the taking of his very life.

We believe that a right when abused is forfeited just as a delinquent borrower loses
his right to borrow or a flying voter loses his right to vote but the problem is until now
our judicial system is vulnerable to mistakes and | am afraid that the imposition of
death penalty would cost the lives of innocent people. What if some or all of these
death row convicts awaiting their fate in the New Bilibid Prison in Muntinlupa City are
victims of miscarriage of justice? What would our government do if some years after
the death penalty was carried out to these death convicts the real perpetrators
suddenly surface and acknowledge the crime they committed or new evidences were
found proving those convicted felons who died by lethal injection were wrongfully
accused and therefore not guilty?

Although we are moved when we see relatives and friends of victims of rape and
murder who are crying out for justice against the perpetrators, we cannot discount
the possibility that these people are not guilty after all. If at all, some of them are
indeed guitty as charged, the death penalty eliminates all hopes for rehabilitation and
this would coretitute-an act of retribution on the part of the govemment in particular
efal. Reclusion Perpetua or the keeping of the convicts in

1® District, Capiz


Republic of the Philippines
OF REPRESENTA’
Quezon City
THIRTEENTH CONGRESS

4 Regutar Session
258

House Bill No.,

Introduced by RODRIGUEZ D. DADIVAS

AN ACT
PROVIDING FOR THE IMPOSITION OF THE PENALTY OF RECLUSION
PERPETUA INSTEAD OF THE DEATH PENALTY IN CASES WHERE THE LAW
PRESCRIBES THE DEATH PENALTY, ANO FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. The provision of any law, rule or regulation to the contrary
notwithstanding, the penalty of reclusion perpetua or life imprisonment, as the case
may be, with entitlement to any allowance for good conduct, special time allowance
for loyalty, or parole, instead of the death penalty, shell henceforth be imposed in
cases where the law prescribes the imposition of the death penalty for the violation
of its provisions.

‘Sec. 2. Any person who has been meted out the death penalty by final
judgment shall have his sentence commuted and serve it in accordance with the
provisions of the Act.

‘Sec. 3. Republic Act No, 7659, as amended by Republic Act No. 8177, and all
other laws, decrees, rules and regulations or parts thereof, which are contrary to or
inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 4. Articies 25, 40, 70, 71 and 74 of the Revised Penal Code are
‘expressly repealed or modified insofar as they provide for the penalty of death as a
principal penalty and for its accessory penalties under the Revised Penal Code.

Sec. 5. Article 63 of the Revised Penal Code is hereby amended to read as.
follows:

“Article 63. Rules for the Application of indivisible Penalties. — In all
cases in which the law prescribes a single indivisible penalty, it shall be
applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.

[in all cases in which the law prescribes a penalty composed of two
indivisible penatties, the following rules shall be observed in the application
thereof:


1, When in the commission of the deed there is present only one
aggravating circumstance, the greater penaity shall be applied.

2. When there are neither mitigating nor aggravating circumstances in
the commission of the deed, the lesser penaity shail be applied.

3. When the commission of the act is attended by some mitigating
circumstances and there is no aggravating circumstance, the lesser
Penalty shalt be applied.

4, When both mitigating and aggravating circumstances attended the
commission of the act, the court shall reasonably allow them to
offget one another in consideration of their number and importance,
with the preceding rules, according to the result of such
compensation.]

‘Sec. 6, This Act shail take effect immediately after its publication in two (2)
national newspapers of general circulation.

Approved,