Death Penalty Law
Death Penalty Law
Death Penalty Law
WHEREAS, the Constitution, speci cally Article III, Section 19 paragraph (1)
thereof, states "Excessive nes shall not be imposed nor cruel, degrading or inhuman
punishment in icted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. . .";
WHEREAS, the crimes punishable by death under this Act are heinous for being
grievous, odious and hateful offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the
common standards and norms of decency and morality in a just, civilized and ordered
society;
WHEREAS, due to the alarming upsurge of such crimes which has resulted not
only in the loss of human lives and wanton destruction of property but has also
affected the nation's efforts towards sustainable economic development and
prosperity while at the same time has undermined the people's faith in the Government
and the latter's ability to maintain peace and order in the country;
WHEREAS, the Congress, in the interest of justice, public order and the rule of
law, and the need to rationalize and harmonize the penal sanctions for heinous crimes,
finds compelling reasons to impose the death penalty for said crimes;
Now, therefore,
SECTION 1. Declaration of Policy. — It is hereby declared the policy of the
State to foster and ensure not only obedience to its authority, but also to adopt such
measures as would effectively promote the maintenance of peace and order, the
protection of life, liberty and property, and the promotion of the general welfare which
are essential for the enjoyment by all the people of the blessings of democracy in a just
and humane society.
SECTION 2. Article 114 of the Revised Penal Code, as amended, is hereby
amended to read as follows:
"Art. 114. Treason. — Any Filipino citizen who levies war against the
Philippines or adheres to her enemies, giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua to death and
shall pay a fine not to exceed 100,000 pesos."
No person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the accused in open
court.
SECTION 3. Section Three, Chapter One, Title One of Book Two of the same
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Code is hereby amended to read as follows:
"Section Three. — Piracy and mutiny on the high seas or in the Philippine
waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine
waters. — The penalty of reclusion perpetua shall be inflicted upon any person
who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall seize the whole or part
of the cargo of said vessel, its equipment, or personal belongings of its
complements or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in
Philippine waters."
SECTION 4. There shall be incorporated after Article 211 of the same Code a
new article to read as follows:
"Art. 211-A. Qualified Bribery. — If any public officer is entrusted with
law enforcement and he refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present, he shall suffer the penalty for
the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall
suffer the penalty of death."
SECTION 5. The penalty of death for parricide under Article 246 of the same
Code is hereby restored, so that it shall read as follows:
"Art. 246. Parricide. — Any person who shall kill his father, mother, or
child, whether legitimate or illegitimate, or any of his ascendants, or descendants,
or his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death."
SECTION 6. Article 248 of the same Code is hereby amended to read as
follows:
"Art. 248. Murder. — Any person who, not falling within the provisions
of Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion perpetua, to death if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense or of means or
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persons to insure or afford impunity.
3. If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have been
made.
4. If the person kidnapped or detained shall be a minor, except when
the accused is any of the parents, female or a public officer.
The penalty shall be death penalty where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances above-mentioned were present in the
commission of the offense.
The penalty of reclusion perpetua to death shall also be imposed upon any
person who shall burn:
SECTION 11. Article 335 of the same Code is hereby amended to read as
follows:
"Art. 335. When and how rape is committed. — Rape is committed by
having carnal knowledge of a woman under any of the following circumstances:
Whenever the crime of rape is committed with the use of a deadly weapon
or by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed
with any of the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender
is a parent, ascendant, step-parent, guardian, relative by consanguinity or
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affinity within the third civil degree, or the common-law-spouse of the
parent of the victim.
2. when the victim is under the custody of the police or military
authorities.
3. when the rape is committed in full view of the husband, parent, any
of the children or other relatives within the third degree of consanguinity.
4. when the victim is a religious or a child below seven (7) years old.
5. when the offender knows that he is afflicted with Acquired Immune
Deficiency Syndrome (AIDS) disease.
SECTION 12. Section 2 of Republic Act No. 7080 (An Act De ning and
Penalizing the Crime of Plunder) is hereby amended to read as follows:
"SEC. 2. Definition of the Crime of Plunder; Penalties. — Any public
officer who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or
series of overt criminal acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos (P50,000,000.00) shall be
guilty of the crime of plunder and shall be punished by reclusion perpetua to
death. Any person who participated with the said public officer in the commission
of an offense contributing to the crime of plunder shall likewise be punished for
such offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by the
Revised Penal Code, shall be considered by the court. The court shall declare any
and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stocks derived from the deposit or
investment thereof forfeited in favor of the State."
SECTION 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425,
as amended, known as the Dangerous Drugs Act of 1972, are hereby amended to read
as follows:
"SEC. 14. Importation of Regulated Drugs. — The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person who, unless authorized by law,
shall import or bring any regulated drug in the Philippines.
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"SEC. 14-A. Manufacture of Regulated Drugs. — The penalty of
reclusion perpetua to death and a fine ranging from five hundred thousand pesos
to ten million pesos shall be imposed upon any person who, unless authorized by
law, shall engage in the manufacture of any regulated drug.
SECTION 16. Section 16 of Article III of Republic Act No. 6425, as amended,
known as the Dangerous Drugs Act of 1972, is amended to read as follows:
"SEC. 16. Possession or Use of Regulated Drugs. — The penalty of
reclusion perpetua to death and a fine ranging from five hundred thousand pesos
to ten million pesos shall be imposed upon any person who shall possess or use
any regulated drug without the corresponding license or prescription, subject to
the provisions of Section 20 hereof."
SECTION 17. Section 20, Article IV of Republic Act No. 6425, as amended,
known as the Dangerous Drugs Act of 1972, is hereby amended to read as follows:
SEC. 20. Application of Penalties, Confiscation and Forfeiture of the
Proceeds or Instruments of the Crime. — The penalties for offenses under
Sections 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III
of this Act shall be applied if the dangerous drugs involved is in any of the
following quantities :
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1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine hydrochloride;
SECTION 20. Sec. 14 of Republic Act No. 6539, as amended, known as the
Anti-Carnapping Act of 1972, is hereby amended to read as follows:
"SEC. 14. Penalty for Carnapping. — Any person who is found guilty of
carnapping, as this term is defined in Section Two of this Act, shall, irrespective of
the value of motor vehicle taken, be punished by imprisonment for not less than
fourteen years and eight months and not more than seventeen years and four
months, when the carnapping is committed without violence or intimidation of
persons, or force upon things; and by imprisonment for not less than seventeen
years and four months and not more than thirty years, when the carnapping is
committed by means of violence against or intimidation of any person, or force
upon things; and the penalty of reclusion perpetua to death shall be imposed
when the owner, driver or occupant of the carnapped motor vehicle is killed or
raped in the course of the commission of the carnapping or on the occasion
thereof."
Bond to keep the peace. — The bond to keep the peace shall be required to
cover such period of time as the court may determine."
The death sentence shall be carried out not later than one (1) year after the
judgment has become final."
SECTION 26. All laws, presidential decrees and issuances, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
SECTION 27. If, for any reason or reasons, any part of the provision of this
Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue to be in full force and effect.
SECTION 28. This Act shall take effect fteen (15) days after its publication
in two (2) national newspapers of general circulation. The publication shall not be later
than seven (7) days after the approval hereof.
Approved: December 13, 1993
Published in Malaya, Manila Bulletin, and the Philippine Times Journal on
December 16, 1993.