However President Marcos decided to use the case as a deterrent against would-be drug smugglers-and increased the sentence to death when it came before him for review. Defendants are presumed innocent and have the right to confront witnesses against them, to present evidence and to appeal their convictions. The last judicial execution to take place in the Philippines, that of Marcelo San Jose, was carried out by electrocution in October The reasoning wasthat if the criminals will be afraid to commit crimes if they see that the government is determinedto execute them. Some PAO lawyers, often underpaid and under-resourced, have been accused of not having the necessary competence and experience for the vigorous and searching defence especially important in a capital case. These arecrimes for which a range of penalties including the death penalty is imposed. Any death penalty already imposed shall be reduced to reclusionperpetua.
Defendants must be presumed innocent until their guilt has been proved beyond a reasonable doubt, in strict application of the highest standards for the gathering and assessment of evidence. Here are illustrative cases:. Otherdecisions of the lower tribunals were set aside because of substantial and procedural mistakes duringarraignment and test. Any decease punishment already imposed shall be reduced toreclusion perpetua. Eighty four 84 instances affecting 95 inmates were modified to reclusion perpetua.
With an average of up to twelve people being sentenced to death every month the Philippines, in less than four years, has gone from an abolitionist position to having one of the highest sentencing rates in the world. The bill cited recent right wing coup attempts as an example of the alarmingdeterioration of peace and pgilippines and argued for the death penalty both as an effective deterrentagainst heinous crimes and as a matter of simple retributive justice. Over 67 per cent of prisoners surveyed worked in the Agricultural, Construction  or Transportation  sectors.
Death Penalty in the Philippines Essay Research Paper Example :
Senator Aquino was subsequently assassinated by military agents at Manila airport on his return to the Philippines in The UN Safeguards, which apply to all UN member states, also provide that capital punishment may only be carried out pursuant to final judgement by a competent court in which defendants are entitled to adequate legal assistance at all stages of the proceedings, and have the right to appeal to a higher court and the right to seek pardon or commutation of sentence.
We thought we had it, but we didn’t, that is unusual, but it happens. A series of high profile offenses during this period.
In the nationwide crime rate was reported to have declined by only 1 per cent, while the average monthly crime rate in Metro Manila rose by over 6. A sustained program of reform of the Philippine National Police, criminal investigation agencies and elements of the judiciary is necessary.
Once abolished the death penalty is seldom reintroduced: By September six prisoners had had their sentences confirmed by the Supreme Court-and the countdown in the statutory 12 to 18 month waiting period between confirmation and execution had begun. There are also reports of court proceedings being conducted mostly in English, as is normal, with inadequate provisions for penslty into the various regional languages or dialects used as the first or only means of spoken communication by the overwhelming majority of death penalty defendants.
What is your topic? President Ramos appealed for clemency and a commutation of sentence for Flor Contemplacion, Sarah Balabagan and other migrant workers sentenced to death overseas.
hhe Six more work forces followed within the following 11 months. As a result of the abolition of the death penalty, existing penalties for death were reducedtoreclusion perpetua, within the possibility ofparole. Voting separately, the two Houses of Congress on June 6, repealed the death penalty law.
The Death Penalty: Criminality, Justice and Human Rights
The death penalty is no solution to the severe challenge posed by criminality in the Philippines. The move formed part of a determined effort to restore respect for human rights following the ouster of President Ferdinand Marcos.
Executions are to be carried out no earlier than one year and no later than 18 months following confirmation of the sentence. Within less than a twelvemonth.
Re-imposition of death penalty in the philippines Essay
It violates the principles of the Universal Declaration of Human Rights UDHRand undermines the aspiration for a renewed respect for human rights that lay at the heart philippjnes the popular movement that restored constitutional democracy in the Philippines in the s. Some evencontemplated take downing the age of those punishable by the decease punishment to include youthfuloffenders.
Six more men followed within the next 11 months. Amnesty International believes that such a suspension would provide a timely opportunity for the government to confront the institutional weaknesses-notably within esssay police and judiciary-that help contribute to high crime rates.
Under the Revised Penal Code, death is the penaltyfor the crimes of treason, correspondence with the enemy during times of war, qualified piracy,parricide, murder, infanticide, kidnapping, rape with homicide or with the use of deadly weapon orby two or more persons resulting in insanity, robbery with homicide, and arson resulting in death.
Hi, I am Sara from Studymoose Hi there, would you like to get such a paper? Richard Ongaged 33, who was sentenced to death in August for his alleged role in a highly publicized murder case. Dante Piandiong, whose death sentence has been confirmed by the Supreme Court, has also made allegations of torture. In one case Arnel Alicandoan illiterate butcher, was sentenced to death for rape and murder in July despite not understanding the court proceedings which ghe not translated from English to Waray, his native language.
Defendants are presumed innocent and have the right to confront witnesses against them, to present evidence and to appeal their convictions.
Refworld | The Death Penalty: Criminality, Justice and Human Rights
The jurisprudence makersargued the deteriorating offense state of oc was a compeling ground for its reimposition. The Constitution philippines the death penalty but it was reintroduced in and the first person to be meted the punishment in was Leo Echegaray who was found guilty of raping his international markets essay step daughter.
A number of death penalty people convicted of heinous crimes also complain that their assigned PAO lawyers appeared to regard them with a negative bias for being part of a perceived social or criminal underclass, had limited interest in their cases, and did not exert consistent and regular efforts reeimposition their behalf.
The bill allows for execution by hanging, firing squad or lethal injection. It is reported that the execution room will be equipped with a bed and an injection machine, and that the prisoner will be strapped down by technical staff wearing surgical gowns and masks.