Heinous Crimes Act

8/3/2019 Heinous Crimes Act

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Heinous Crimes Act - R.A. No. 7659AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUSCRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL

LAWS, AND FOR OTHER PURPOSES.

WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1)thereof, states "Excessive fines shall not be imposed nor cruel, degrading orinhuman punishment inflicted. Neither shall death penalty be imposed, unless, forcompelling reasons involving heinous crimes, the Congress hereafter providesfor it";

WHEREAS, the crimes punishable by death under this Act are heinous for beinggrievous, odious and hateful offenses and which, by reason of their inherent ormanifest wickedness, viciousness, atrocity and perversity are repugnant andoutrageous 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 notonly in the loss of human lives and wanton destruction of property but alsoaffected the nation's efforts towards sustainable economic development andprosperity while at the same time has undermined the people's faith in theGovernment 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 oflaw, 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,

Sec. 1. Declaration of Policy. - It is hereby declared the policy of the State tofoster and ensure not only obedience to its authority, but also to adopt suchmeasures as would effectively promote the maintenance of peace and order, theprotection of life, liberty and property, and the promotion of the general welfarewhich are essential for the enjoyment by all the people of the blessings ofdemocracy in a just and humane society;

Sec. 2. Article 114 of the Revised Penal Code, as amended, is hereby amendedto read as follows:

"Art. 114. Treason. - Any Filipino citizen who levies war against the Philippinesor adheres to her enemies giving them aid or comfort within the Philippines orelsewhere, shall be punished by reclusion perpetua to death and shall pay a fine


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not to exceed 100,000 pesos.

"No person shall be convicted of treason unless on the testimony of twowitnesses at least to the same overt act or on confession of the accused in opencourt.

"Likewise, an alien, residing in the Philippines, who commits acts of treason asdefined in paragraph 1 of this Article shall be punished by reclusion temporal todeath and shall pay a fine not to exceed 100,000 pesos."

Sec. 3. Section Three, Chapter One, Title One of Book Two of the same Code ishereby amended to read as follows:

"Section Three. - Piracy and mutiny on the high seasor in the Philippine waters

"Art. 122. Piracy in general and mutiny on the high seas or in the Philippinewaters. - The penalty of reclusion perpetua shall be inflicted upon any personwho, on the high seas, or in the Philippine waters, shall attack or seize a vesselor, not being a member of its complement nor a passenger, shall seize the wholeor part of the cargo of said vessel, its equipment or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in thePhilippine waters.

"Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shallbe imposed upon those who commit any of the crimes referred to in thepreceding article, under any of the following circumstances:

"1. Whenever they have seized a vessel by boarding or firing upon the same;

"2. Whenever the pirates have abandoned their victims without means ofsaving themselves or;

"3. Whenever the crime is accompanied by murder, homicide, physical injuriesor rape."

Sec. 4. There shall be incorporated after Article 211 of the same Code a newarticle to read as follows:

"Art. 211-A. Qualified Bribery. - If any public officer is entrusted with lawenforcement and he refrains from arresting or prosecuting an offender who hascommitted a crime punishable by reclusion perpetua and/or death in


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consideration of any offer, promise, gift or present, he shall suffer the penalty forthe offense which was not prosecuted.

"If it is the public officer who asks or demands such gift or present, he shallsuffer the penalty of death."

Sec. 5. The penalty of death for parricide under Article 246 of the same Code ishereby restored, so that it shall read as follows:

"Art. 246. Parricide. - Any person who shall kill his father, mother, or child,whether legitimate of illegitimate, or any of his ascendants, or descendants, orhis spouse, shall be guilty of parricide and shall be punished by the penalty ofreclusion perpetua to death."

Sec. 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 Article246 shall kill another, shall be guilty of murder and shall be punished by reclusionperpetua, to death if committed with any of the following attendantcircumstances:

"1. With treachery, taking advantage of superior strength, with the aid of armedmen, or employing means to weaken the defense or of means or persons toinsure or afford impunity.

"2. In consideration of a price, reward or promise.

"3. By means of inundation, fire, poison, explosion, shipwreck, stranding of avessel, derailment or assault upon a railroad, fall of an airship, or by means ofmotor vehicles, or with the use of any other means involving great waste andruin.

"4. On occasion of any of the calamities enumerated in the precedingparagraph, or of an earthquake, eruption of a volcano, destructive cyclone,epidemic or other public calamity.

"5. With evident premeditation.

"6. With cruelty, by deliberately and inhumanly augmenting the suffering of thevictim, or outraging or scoffing at his person or corpse."



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"Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and formurder in Article 248 shall be imposed upon any person who shall kill any childless than three days of age.

"If any crime penalized in this Article be committed by the mother of the child

for the purpose of concealing her dishonor, she shall suffer the penalty of prisionmayor in its medium and maximum periods, and if said crime be committed forthe same purpose by the maternal grandparents or either of them, the penaltyshall be reclusion temporal."


"Art. 267. Kidnapping and serious illegal detention. - Any private individual whoshall kidnap or detain another, or in any other manner deprive him of his liberty,shall suffer the penalty of reclusion perpetua to death:

"1. If the kidnapping or detention shall have lasted more than three days.

"2. If it shall have been committed simulating public authority.

"3. If any serious physical injuries shall have been inflicted upon the personkidnapped 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 theaccused is any of the parents, female or a public officer.

"The penalty shall be death penalty where the kidnapping or detention wascommitted for the purpose of extorting ransom from the victim or any otherperson, even if none of the circumstances above-mentioned were present in thecommission of the offense.

"When the victim is killed or dies as a consequence of the detention or israped, or is subjected to torture or dehumanizing acts, the maximum penaltyshall be imposed."


"Art. 294. Robbery with violence against or intimidation of persons; Penalties.- Any person guilty of robbery with the use of violence against or intimidation ofany person shall suffer:

"1. The penalty of reclusion perpetua to death, when by reason or onoccasion of the robbery, the crime of homicide shall have been committed, or


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when the robbery shall have been accompanied by rape or intentional mutilationor arson.

"2. The penalty of reclusion temporal in its medium period to reclusionperpetua, when or if by reason or on occasion of such robbery, any of the

physical injuries penalized in subdivision I of Article 263 shall have been inflicted.

"3. The penalty of reclusion temporal, when by reason or on occasion of therobbery, any of the physical injuries penalized in subdivision 2 of the articlementioned in the next preceding paragraph, shall have been inflicted.

"4. The penalty of prision mayor in its maximum period to reclusion temporalin its medium period, if the violence or intimidation employed in the commissionof the robbery shall have been carried to a degree clearly unnecessary for thecommission of the crime, or when in the course of its execution, the offender

shall have inflicted upon any person not responsible for its commission any of thephysical injuries covered by subdivisions 3 and 4 of said Article 263.

"5. The penalty of prision correccional in its maximum period to prisionmayor in its medium period in other cases."


"Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death shallbe imposed upon any person who shall burn:

"1. One (1) or more buildings or edifices, consequent to one single act ofburning, or as a result of simultaneous burnings, committed on several ordifferent occasions.

"2. Any building of public or private ownership, devoted to the public ingeneral or where people usually gather or congregate for a definite purpose suchas, but not limited to, official governmental function or business, privatetransaction, commerce trade workshop, meetings and conferences, or merelyincidental to a definite purpose such as but not limited to hotels, motels, transientdwellings, public conveyances or stops or terminals, regardless of whether theoffender had knowledge that there are persons in said building or edifice at thetime it is set on fire and regardless also of whether the building is actuallyinhabited or not.

"3. Any train or locomotive, ship or vessel, airship or airplane, devoted totransportation or conveyance, or for public use, entertainment or leisure.


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"4. Any building, factory, warehouse installation and any appurtancesthereto, which are devoted to the service of public utilities.

"5. Any building the burning of which is for the purpose of concealing ordestroying evidence of another violation of law, or for the purpose of concealing

bankruptcy or defrauding creditors or to collect from insurance.

"Irrespective of the application of the above enumerated qualifyingcircumstances, the penalty of reclusion perpetua to death shall likewise beimposed when the arson is perpetrated or committed by two (2) or more personsor by a group of persons, regardless of whether their purpose is merely to burn ordestroy the building or the burning merely constitutes an overt act in thecommission or another violation of law.

"The penalty of reclusion perpetua to death shall also be imposed upon any

person who shall burn:

"1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,ordnance, storehouse, archives or general museum of the Government.

"2. In an inhabited place, any storehouse or factory of inflammable orexplosive materials.

"If as a consequence of the commission of any of the acts penalized under thisArticle, death results, the mandatory penalty of death shall be imposed."


"Art. 335. When and how rape is committed. - Rape is committed by havingcarnal knowledge of a woman under any of the following circumstances:

"1. By using force or intimidation;

"2. When the woman is deprived of reason or otherwise unconscious; and

"3. When the woman is under twelve years of age or is demented.

"The crime of rape shall be punished by reclusion perpetua.

"Whenever the crime of rape is committed with the use of a deadly weapon orby 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


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insane, the penalty shall be death.

"When the rape is attempted or frustrated and a homicide is committed byreason or on the occasion thereof, the penalty shall be reclusion perpetua todeath.

"The death penalty shall also be imposed it the crime of rape is committed withany of the following attendant circumstances:

"1. when the victim is under eighteen (18) years of age and the offender is aparent, ascendant, step-parent, guardian, relative by consanguinity or affinitywithin the third civil degree, or the common-law-spouse of the parent of thevictim.

"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 ofthe 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 ImmuneDeficiency Syndrome (AIDS) disease.

"6. when committed by any member of the Armed Forces of the Philippines

or the Philippine National Police or any law enforcement agency.

"7. when by reason or on the occasion of the rape, the victim has sufferedpermanent physical mutilation."

Sec. 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing theCrime 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 orconsanguinity, business associates, subordinates or other persons, amasses,accumulates or acquires ill-gotten wealth through a combination or series of overtcriminal acts as described in Section 1 (d) hereof in the aggregate amount ortotal value of at least Fifty million pesos (P50,000,000.00) shall be guilty of thecrime of plunder and shall be punished by reclusion perpetua to death. Anyperson who participated with the said public officer in the commission of anoffense contributing to the crime of plunder shall likewise be punished for such


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offense. In the imposition of penalties, the degree of participation and theattendance of mitigating and extenuating circumstances, as provided by theRevised Penal Code, shall be considered by the court. The court shall declareany and all ill-gotten wealth and their interests and other incomes and assetsincluding the properties and shares of stocks derived from the deposit or

investment thereof forfeited in favor of the State."

Sec. 13. Sections 3, 4, 5, 6, 7, 8 and 9, of Article II of Republic Act No. 6425, asamended, known as the Dangerous Drugs Act 1972, are hereby amended toread as follows:

"Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua todeath and a fine ranging from five hundred thousand pesos to ten million pesosshall be imposed upon any person who, unless authorized by law, shall import orbring into the Philippines any prohibited drug.

"Sec. 4. Sale, Administration, Delivery, Distribution and Transportation ofProhibited Drugs. - The penalty of reclusion perpetua to death and a fine fromfive hundred thousand pesos to ten million pesos shall be imposed upon anyperson who, unless authorized by law, shall sell, administer, deliver, give away toanother, distribute, dispatch in transit or transport any prohibited drug, or shall actas a broker in any of such transactions.

"Notwithstanding the provisions of Section 20 of this Act to the contrary, if thevictim of the offense is a minor, or should a prohibited drug involved in any

offense under this Section be the proximate cause of the death of a victimthereof, the maximum penalty herein provided shall be imposed.

"Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. -The penalty of reclusion perpetua to death and a fine ranging from five hundredthousand pesos to ten million pesos shall be imposed upon any person or groupof persons who shall maintain a den, dive or resort where any prohibited drug isused in any form or where such prohibited drugs in quantities specified in Section20, Paragraph 1 of this Act are found.

"Notwithstanding the provisions of Section 20 of this Act to the contrary, themaximum of the penalty shall be imposed in every case where a prohibited drugis administered, delivered or sold to a minor who is allowed to use the same insuch place.

"Should a prohibited drug be the proximate cause of the death of a personusing the same in such den, dive or resort, the maximum penalty herein providedshall be imposed on the maintainer notwithstanding the provisions of Section 20


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of this Act to the contrary.

"Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua todeath and fine ranging from five hundred thousand pesos to ten million pesosshall be imposed upon any person who, unless authorized by law, shall engage

in the manufacture of any prohibited drug.

"Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusionperpetua to death and a fine ranging from five hundred thousand pesos to tenmillion pesos shall be imposed upon any person who, unless authorized by law,shall possess or use any prohibited drug subject to the provisions of Section 20hereof.

"Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - Thepenalty 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 shallplant, cultivate or culture any medium Indian hemp, opium poppy (papaversomniferum), or any other plant which is or may hereafter be classified asdangerous drug or from which any dangerous drug may be manufactured orderived.

"The land or portions hereof, and/or greenhouses on which any of said plantsis cultivated or cultured shall be confiscated and escheated to the State, unlessthe owner thereof can prove that he did not know such cultivation or culturedespite the exercise of due diligence on his part.

"If the land involved in is part of the public domain, the maximum of thepenalties herein provided shall be imposed upon the offender."

Sec. 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, asamended, known as the Dangerous Drugs Act of 1972, are hereby amended toread as follows:

"Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion perpetuato death and a fine ranging from five hundred thousand pesos to ten millionpesos shall be imposed upon any person who, unless authorized by law, shallimport or bring any regulated drug in the Philippines.

"Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusionperpetua to death and a fine ranging from five hundred thousand pesos to tenmillion pesos shall be imposed upon any person who, unless authorized by law,shall engage in the manufacture of any regulated drug.


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"Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation andDistribution of Regulated Drugs. - The penalty of reclusion perpetua to death anda fine ranging from five hundred thousand pesos to ten million pesos shall beimposed upon any person who, unless authorized by law, shall sell, dispense,deliver, transport or distribute any regulated drug.

"Notwithstanding the provisions of Section 20 of this Act to the contrary, if thevictim of the offense is a minor, or should a regulated drug involved in anyoffense under this Section be the proximate cause of the death of a victimthereof, the maximum penalty herein provided shall be imposed."

Sec. 15. There shall be incorporated after Section 15 of Article III of Republic ActNo. 6425, as amended, known as the Dangerous Drug Act of 1972, a newsection to read as follows:

"Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. -The penalty of reclusion perpetua to death and a fine ranging from five hundredthousand pesos to ten million pesos shall be imposed upon any person or groupof persons who shall maintain a den, dive or resort where any regulated drugs isused in any form, or where such regulated drugs in quantities specified in Section20, paragraph 1 of this Act are found.

"Notwithstanding the provisions of Section 20 of this Act to the contrary, themaximum penalty herein provided shall be imposed in every case where aregulated drug is administered, delivered or sold to a minor who is allowed to use

the same in such place.

"Should a regulated drug be the proximate cause of the death of a personusing the same in such den, dive or resort, the maximum penalty herein providedshall be imposed on the maintainer notwithstanding the provisions of Section 20of this Act to the contrary."

Sec. 16. Section 16 of Article III of Republic Act No. 6425, as amended, knownas the Dangerous Drugs Act No. 6425, is amended to read as follows:

"Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusionperpetua to death and a fine ranging from five hundred thousand pesos to tenmillion pesos shall be imposed upon any person who shall possess or use anyregulated drug without the corresponding license or prescription, subject to theprovisions of Section 20 hereof.

Sec. 17. Section 20, Article IV of Republic Act No. 6425, as amended, known asthe Dangerous Drugs Act of 1972, is hereby amended to read as follows:


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"Sec. 20. Application of Penalties, Confiscation and Forfeiture of the

Proceeds or Instruments of the Crime. - The penalties for offenses underSection 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article IIIof this Act shall be applied if the dangerous drugs involved is in any of the

following quantities:

1. 40 grams or more of opium;

2. 40 grams or more of morphine;

3. 200 grams or more of shabu or methylamphetamine hydrochloride;

4. 40 grams or more of heroin;

5. 750 grams or more of indian hemp or marijuana;

6. 50 grams or more of marijuana resin or marijuana resin oil;

7. 40 grams or more of cocaine or cocaine hydrochloride; or

8. In the case of other dangerous drugs, the quantity of which is far beyondtherapeutic requirements, as determined and promulgated by the DangerousDrugs Board, after public consultations/hearings conducted for the purpose.

"Otherwise, if the quantity involved is less than the foregoing quantities, thepenalty shall range from prision correccional to reclusion perpetua dependingupon the quantity.

"Every penalty imposed for the unlawful importation, sale, administration,delivery, transportation or manufacture of dangerous drugs, the cultivation ofplants which are sources of dangerous drugs and the possession of any opiumpipe and other paraphernalia for dangerous drugs shall carry with it theconfiscation and forfeiture, in favor of the Government, of all the proceeds of thecrime including but not limited to money and other obtained thereby and theinstruments or tools with which it was committed, unless they are the property ofa third person not liable for the offense, but those which are not of lawfulcommerce shall be ordered destroyed without delay. Dangerous drugs and plantsources of such drugs as well as the proceeds or instruments of the crime soconfiscated and forfeited in favor of the Government shall be turned over to theBoard for proper disposal without delay.

"Any apprehending or arresting officer who misappropriates or misapplies or


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fails to account for seized or confiscated dangerous drugs or plant-sources ofdangerous drugs or proceeds or instruments of the crime as are herein definedshall after conviction be punished by the penalty of reclusion perpetua to deathand a fine ranging from five hundred thousand pesos to ten million pesos."

Sec. 18. There shall be incorporated after Section 20 of Republic Act No. 6425,as amended, known as the Dangerous Drugs Act of 1972, a new section to readas follows:

"Sec. 20-A. Plea-bargaining Provisions. - Any person charged under anyprovision of this Act where the imposable penalty is reclusion perpetua to deathshall not be allowed to avail of the provision on plea bargaining."

Sec. 19. Section 24 of Republic Act No. 6425, as amended, known as theDangerous Drugs Act of 1972, is hereby amended to read as follows:

"Sec. 24. Penalties for Government Official and Employees and Officers andMembers of Police Agencies and the Armed Forces, 'Planting' of Evidence. -The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and13 of Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III shall beimposed, if those found guilty of any of the said offenses are governmentofficials, employees or officers, including members of police agencies and thearmed forces.

"Any such above government official, employee or officer who is found guilty of

"planting" any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 ofArticle II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person orin the immediate vicinity of another as evidence to implicate the latter, shall sufferthe same penalty as therein provided."

Sec. 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 ofcarnapping, as this term is defined in Section Two of this Act, shall, irrespectiveof the value of motor vehicle taken, be punished by imprisonment for not lessthan fourteen years and eight months and not more than seventeen years andfour months, when the carnapping is committed without violence or intimidationof persons, or force upon things; and by imprisonment for not less thanseventeen years and four months and not more than thirty years, when thecarnapping is committed by means of violence against or intimidation of anyperson, or force upon things; and the penalty of reclusion perpetua to death shallbe imposed when the owner, driver or occupant of the carnapped motor vehicle


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is killed or raped in the course of the commission of the carnapping or on theoccasion thereof."

Sec. 21. Article 27 of the Revised Penal Code, as amended, is hereby amendedto read as follows:

"Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be fromtwenty years and one day to forty years.

"Reclusion temporal. - The penalty of reclusion temporal shall be from twelveyears and one day to twenty years.

Prision mayor and temporary disqualification. - The duration of the penaltiesof prision mayor and temporary disqualification shall be from six years and oneday to twelve years, except when the penalty of disqualification is imposed as anaccessory penalty, in which case, it shall be that of the principal penalty.

"Prision correccional, suspension, and destierro. - The duration of thepenalties of prision correccional, suspension, and destierro shall be from sixmonths and one day to six years, except when the suspension is imposed as anaccessory penalty, in which case, its duration shall be that of the principalpenalty.

Arresto mayor. - The duration of the penalty of arresto mayor shall be fromone month and one day to six months.

Arresto menor. - The duration of the penalty of arresto menor shall be fromone day to thirty days.

Bond to keep the peace. - The bond to keep the peace shall be required tocover such period of time as the court may determine."


"Art. 47. In what cases the death penalty shall not be imposed; Automaticreview of the Death Penalty Cases. - The death penalty shall be imposed in allcases in which it must be imposed under existing laws, except when the guiltyperson is below eighteen (18) years of age at the time of the commission of thecrime or is more than seventy years of age or when upon appeal or automaticreview of the case by the Supreme Court, the required majority vote is notobtained for the imposition of the death penalty, in which cases the penalty shallbe reclusion perpetua.

"In all cases where the death penalty is imposed by the trial court, the records


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shall be forwarded to the Supreme Court for automatic review and judgment bythe Court en banc, within twenty (20) days but not earlier than fifteen (15) daysafter promulgation of the judgment or notice of denial of any motion for new trialor reconsideration. The transcript shall also be forwarded within ten (10) daysfrom the filing thereof by the stenographic reporter."

Sec. 23. Article 62 of the same Code, as amended, is hereby amended to readas follows:

"Art. 62. Effects of the attendance of mitigating or aggravating circumstancesand of habitual delinquency. - Mitigating or aggravating circumstances andhabitual delinquency shall be taken into account for the purpose of diminishing orincreasing the penalty in conformity with the following rules:

"1. Aggravating circumstances which in themselves constitute a crime

specially punishable by law or which are included by the law in defining a crimeand prescribing the penalty therefor shall not be taken into account for thepurpose of increasing the penalty.

"1(a). When in the commission of the crime, advantage was taken by theoffender of his public position, the penalty to be imposed shall be in its maximumregardless of mitigating circumstances.

"The maximum penalty shall be imposed if the offense was committed byany group who belongs to an organized/syndicated crime group.

"An organized/syndicated crime group means a group of two or morepersons collaborating, confederating or mutually helping one another forpurposes of gain in the commission of any crime.

"2. The same rule shall apply with respect to any aggravatingcircumstances inherent in the crime to such a degree that it must of necessityaccompany the commission thereof.

"3. Aggravating or mitigating circumstances which arise from the moralattributes of the offender, or from his private relations with the offended party, offrom any other personal cause, shall only serve to aggravate or mitigate theliability of the principals, accomplices and accessories as to whom suchcircumstances are attendant.

"4. The circumstances which consist in the material execution of the act, orin the means employed to accomplish it, shall serve to aggravate or mitigate theliability of those persons only who had knowledge of them at the time of the


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execution of the act or their cooperation therein.

"5. Habitual delinquency shall have the following effects:

"(a) Upon a third conviction the culprit shall be sentenced to the penalty

provided by law for the last crime of which he be found guilty and to theadditional penalty of prision correccional in its medium and maximum periods;

"(b) Upon a fourth conviction, the culprit shall be sentenced to the penaltyprovided for the last crime or which he be found guilty and to the additionalpenalty of prision mayor in its minimum and medium periods; and

"(c) Upon a fifth or additional conviction, the culprit shall be sentenced tothe penalty provided for the last crime of which he be found guilty and to theadditional penalty of prision mayor in its maximum period to reclusion temporal in

its minimum period.

"Notwithstanding the provisions of this article, the total of the two penalties tobe imposed upon the offender, in conformity herewith, shall in no case exceed 30years.

"For purposes of this article, a person shall be deemed to be a habitualdelinquent, if within a period of ten years from the date of his release or lastconviction of the crimes of serious or less serious physical injuries, robo, hurto,estafa or falsification, he is found guilty of any of said crimes a third time or

oftener."

Sec. 24. Article 81 of the same Code, as amended, is hereby amended to readas follows:

"Art. 81. When and how the death penalty is to be executed. - The deathsentence shall be executed with preference to any other and shall consist inputting the person under sentence to death by electrocution. The deathsentence shall be executed under the authority of the Director of Prisons,endeavoring so far as possible to mitigate the sufferings of the person under thesentence during electrocution as well as during the proceedings prior to theexecution.

"If the person under sentence so desires, he shall be anaesthesized at themoment of the execution.

"As soon as facilities are provided by the Bureau of Prisons, the method ofcarrying out the sentence shall be changed to gas poisoning.


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"The death sentence shall be carried out not later than one (1) year after the

judgment has become final."


"Art. 83. Suspension of the execution of the death sentence. - The deathsentence shall not be inflicted upon a woman while she is pregnant or within one(1) year after delivery, nor upon any person over seventy years of age. In thislast case, the death sentence shall be commuted to the penalty of reclusionperpetua with the accessory penalties provided in Article 40.

"In all cases where the death sentence has become final, the records of thecase shall be forwarded immediately by the Supreme Court to the Office of thePresident for possible exercise of the pardoning power."

Sec. 26. All laws, presidential decrees and issuances, executive orders, rulesand regulations or parts thereof inconsistent with the provisions of this Act arehereby repealed or modified accordingly.

Sec. 27. If, for any reason or reasons, any part of the provision of this Act shallbe held to be unconstitutional or invalid, other parts or provisions hereof whichare not affected thereby shall continue to be in full force and effect.Sec. 28. This Act shall take effect fifteen (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, 19930

Heinous crimesThe etymological root of the word "heinous" can be traced to the Early Spartans'

word, "haineus", meaning, hateful and abominable, which, in turn, was from the

Greek prefix "haton", denoting acts so hatefully or shockingly evil. The definition

or description of heinous crimes is found in the second whereas clause of the

preamble ofRepublic Act No. 7659, which reads: "x x x the crimes punishable by
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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." This

definition or description, according to theSupreme Court, is a sufficient criterionof what is to be considered a heinous crime. This criterion is deliberately

undetailed as to the circumstances of the victim, the accused, place, time, the

manner of commission of crime, its proximate consequences and effects on the

victim as well as on society, to afford the sentencing authority sufficient leeway to

exercise his discretion in imposing the appropriate penalty in cases

whereRepublic Act No. 7659imposes not a mandatory penalty of death but the

more flexible penalty ofreclusion perpetuato death.[1]See alsoDeath penalty.

Contents

[hide]

1 Types of crimes under R.A. No. 7659

o 1.1 Crimes penalized by reclusion perpetua to death

o 1.2 Heinous crimes per se

2 Legislative history or R.A. 7659

o 2.1 In the House of Representatives

o 2.2 Debate in the Senate

o 2.3 Bicameral Conference Committee

3 Prohibition on the imposition of death penalty

4 References

Types of crimes under R.A. No. 7659

There were two types of crimes under R.A. No. 7659: (1) crimes penalized

byreclusion perpetuato death; and (2) crimes penalized by mandatory capital

punishment upon the attendance of certain specified qualifying circumstances.[2]

Crimes penalized by reclusion perpetua to death

All thecrimespenalized byreclusion perpetuato death are not capital crimes per

se, the uniform penalty for all of them being not mandatory death but the flexible

penalty of reclusion perpetuato death. In other words, it is premature to demand
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for a specification of the heinous elements in each of foregoing crimes because

they are not anyway mandatorily penalized with death. The elements that call for

the imposition of the supreme penalty of death in these crimes, would only be

relevant when the trial court, given the prerogative to impose reclusion perpetua,

instead actually imposes the death penalty because it has, in appreciating theevidence proffered before it, found the attendance of certain circumstances in the

manner by which the crime was committed, or in the person of the accused on

his own or in relation to the victim, or in any other matter of significance to the

commission of the crime or its effects on the victim or on society, which

circumstances characterize the criminal acts as grievous, odious, or hateful, or

inherently or manifestly wicked, vicious, atrocious or perverse as to be repugnant

and outrageous to the common standards and norms of decency and morality in

a just, civilized and ordered society. The following crimes are penalizedby reclusion perpetuato death under R.A. No. 7659:[3]

Treason(Sec. 2)

Qualified piracy(Sec. 3)

Parricide(Sec. 5)

Murder(Sec. 6)

Infanticide(Sec. 7)

Kidnappingandserious illegal detentionif attended by any of the following

four circumstances: (a) the victim was detained for more than three days; (b) it

was committed simulating public authority; (c) serious physical injuries were

inflicted on the victim or threats to kill him were made; and (d) if the victim is a

minor, except when the accused is any of the parents, female or a public

officer (Sec. 8)

Robbery with homicide,rapeor intentionalmutilation(Sec. 9)

Destructivearsonif what is burned is (a) one or more buildings or edifice; (b)

a building where people usually gather; (c) a train, ship or airplane for public

use; (d) a building or factory in the service of public utilities; (e) a building forthe purpose of concealing or destroying evidence Or a crime; (f) an arsenal,

fireworks factory, or government museum; and (g) a storehouse or factory of

explosive materials located in an inhabited place; or regardless of what is

burned, if the arson is perpetrated by two or more persons (Sec. 10)
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Rape attended by any of the following circumstances: (a) the rape is

committed with a deadly weapon; (b) the rape is committed by two or more

persons; and (c) the rape is attempted or frustrated and committed with

homicide (Sec. 11)

Plunderinvolving at least P50 million (Sec. 12)

Importation ofprohibited drugs(Sec. 13)

Sale, administration, delivery, distribution, and transportation of prohibited

drugs (id.)

Maintenance of den, dive or resort for users of prohibited drugs (id.)

Manufacture of prohibited drugs (id.)

Possession or use of prohibited drugs in certain specified amounts (id.)

Cultivation of plants which are sources of prohibited drugs (id.)

Importation ofregulated drugs(Sec. 14)

Manufacture of regulated drugs (id.)

Sale, administration, dispensation, delivery, transportation, and distribution of

regulated drugs (id.)

Maintenance of den, dive, or resort for users of regulated drugs (Sec. 15)

Possession or use of regulated drugs in specified amounts (Sec. 16)

Misappropriation, misapplication or failure to account dangerous drugs

confiscated by the arresting officer (Sec. 17)

Planting evidence of dangerous drugs in person or immediate vicinity ofanother to implicate the latter (Sec. 19)

Carnappingwhere the owner, driver or occupant of the carnapped motor

vehicle is killed or raped (Sec. 20).

Heinous crimes per se

On the other hand, the mandatory penalty of death is imposed in the following

crimes under R.A. No. 7659:[4]

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." (Sec. 4)
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Kidnappingandserious illegal detentionforransomresulting in the death of

the victim or the victim is raped, tortured or subjected to dehumanizing acts.

"The penalty shall be death where the kidnapping or detention was committed

for the purpose of ransom from the victim or any other person, even if none of

the circumstances above-mentioned were present in the commission of theoffense. When the victim is killed or dies as a consequence of the detention or

is raped, or is subject to torture or dehumanizing acts, the maximum penalty

[of death] shall be imposed." (Sec. 8)

Destructivearsonresulting in death. "If as a consequence of the commission

of any of the acts penalized under this Article, death results, the mandatory

penalty of death shall be imposed." (Sec. 10)

Rapewith the victim becoming insane, rape with homicide and qualified.

"When by reason or on the occasion of the rape, the victim has become

insane, the penalty shall be death. When by reason or on the occasion of the

rape, a homicide is committed, 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

affinity within the third civil degree, or the common-law spouse of theparent or 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.

6. when committed by any member of the Armed Forces of the Philippinesor the Philippine National Police or any law enforcement agency.

7. when by reason or on the occasion of the rape, the victim has suffered

permanent physical mutilation." (Sec. 11 )

Sale, administration, delivery, distribution and transportation ofprohibited

drugswhere the victim is a minor or the victim dies. "Notwithstanding the
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provision of Section 20 of this Act to the contrary, if the victim of the

offense is a minor, or should a prohibited drug involved in any offense

under this Section be the proximate cause of the death of victim thereof,

the maximum penalty [of death] herein provided shall be imposed." (Sec.

13)

Maintenance of den, dive, or resort for users of prohibited drugs where the

victim is a minor or the victim dies. "Notwithstanding the provisions of

Section 20 of this Act to the contrary, the maximum of the penalty [of

death] shall be imposed in every case where a prohibited drug is

administered, delivered or sold to a minor who is allowed to use the same

in such place.

Should a prohibited drug be the proximate case of the death of a personusing the same in such den, dive or resort, the maximum penalty herein

provided shall be imposed on the maintainer notwithstanding the provisions

of Section 20 of this Act to the contrary." (Sec. 13)

Sale, administration, dispensation, delivery, distribution and transportation

ofregulated drugswhere the victim is a minor or the victim dies.

"Notwithstanding the provisions of Section 20 of this Act to the contrary, if

the victim of the offense is a minor, or should a regulated drug involved in

any offense under this Section be the proximate cause of the death of avictim thereof, the maximum penalty [of death] herein provided shall be

imposed." (Sec. 14)

Maintenance of den, dive, or resort for users of regulated drugs where the

victim is a minor or the victim dies. "Notwithstanding the provisions of

Section 20 of this Act to the contrary, the maximum penalty [of death]

herein provided shall be imposed in every case where a regulated drug is

administered, delivered or sold to a minor who is allowed to use the same

in such place.

Should a regulated drug be the proximate cause of death of a person using

the same in such den, dive or resort, the maximum penalty herein provided

shall be imposed on the maintainer notwithstanding the provisions of Section

20 of this Act to the contrary." (Sec. 15)
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Drug offenses if convicted are government officials, employees or officers

including members of police agencies and armed forces. "The maximum

penalties [of death] provided for in Section 3, 4 (1), 5(1), 6, 7, 8, 9, 11,12

and 13 of Article II and Sections 14, 14-A, 14(1), 15A (1), 16, and 19 of

Article III [of the Dangerous Drugs Act of 1972] shall be imposed, if thosefound guilty or any of the same offenses are government officials,

employees or officers including members of police agencies and the

armed forces." (Sec. 19)

Planting of dangerous drugs as evidence in drug offenses with the

mandatory death penalty if convicted are government officials, employees

or officers. "Any such above government official, employee or officer who

is found guilty of 'planting' any dangerous drugs punished in Section s 3,

4, 7, 8, 9 and 13 of Article II and Sections 14, 14-A, 15, and 16 of Article

III (of the Dangerous Drugs Act of 1972) in the person or in the immediate

vicinity of another as evidence to implicate the latter, shall suffer the same

penalty as therein provided." (Sec. 19)

In all the crimes in RA. No. 7659 in their qualified form. "When in the

commission of the crime, advantage was taken by the offender of his

public position, the penalty to be imposed shall be in its maximum [of

death] regardless of mitigating circumstances. The maximum penalty [ofdeath] shall be imposed if the offense was committed by any person who

belongs to an organized/syndicated crime group. An

organized/syndicated crime group means a group of two or more persons

collaborating, confederating or mutually helping one another for purposes

of gain in the commission of any crime." (Sec. 23)

The evil of acrimemay take various forms. There are crimes that are, by

their very nature, despicable, either because life was callously taken or the

victim is treated like an animal and utterly dehumanized as to completely

disrupt the normal course of his or her growth as a human being. The right of

a person is not only to live but to live a quality life, and this means that the

rest of society is obligated to respect his or her individual personality, the

integrity and the sanctity of his or her own physical body, and the value he or

she puts in his or her own spiritual, psychological, material and social

preferences and needs. Seen in this light, the capital crimes of kidnapping
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and serious illegal detention for ransom resulting in the death of the victim or

the victim is raped, tortured, or subjected to dehumanizing acts; destructive

arson resulting in death, and drug offenses involving minors or resulting in

the death of the victim in the case of other crimes; as well as murder, rape,

parricide, infanticide, kidnapping and serious illegal detention where thevictim is detained for more than three days or serious physical injuries were

inflicted on the victim or threats to kill him were made or the victim is a minor,

robbery with homicide, rape or intentional mutilation, destructive arson, and

carnapping where the owner, driver or occupant of the carnapped vehicle is

killed or raped, which are penalized byreclusion perpetuato death, are

clearly heinous by their very nature.[5]

There are crimes, however, in which the abomination lies in the significance

and implications of the subject criminal acts in the scheme of the largersocio-political and economic context in which the state finds itself to be

struggling to develop and provide for its poor and underprivileged masses.

Reeling from decades of corrupt tyrannical rule that bankrupted the

government and impoverished the population, the Philippine Government

must muster the political will to dismantle the culture of corruption,

dishonesty, greed and syndicated criminality that so deeply entrenched itself

in the structures of society and psyche of the populace. Terribly lacking the

money to provide even the most basic services to its people, any form of

misappropriation or misapplication of government funds translates to an

actual threat to the very existence of government, and in turn, the very

survival of the people it governs over. Viewed in this context, no less heinous

are the effects and repercussions of crimes like qualified bribery, destructive

arson resulting in death, and drug offenses involving government officials,

employees or officers, that their perpetrators must not be allowed to cause

further destruction and damage to society.[6]

Legislative history or R.A. 7659

Article III, Section 19 (1) of the1987 Constitutionsimply states

thatCongress, for compelling reasons involving heinous crimes, may re-

impose the death penalty. Nothing in the said provision imposes a
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requirement that for a death penalty bill to be valid, a positive manifestation

in the form of a higher incidence of crime should first be perceived and

statistically proven following the suspension of the death penalty. Neither

does the said provision require that the death penalty be resorted to as a last

recourse when all other criminal reforms have failed to abate criminality insociety. It is immaterial and irrelevant that R.A. No. 7659 cites that there has

been an "alarming upsurge of such crimes", for the same was never intended

by said law to be the yardstick to determine the existence of compelling

reasons involving heinous crimes. Fittingly, thus, what R.A. No. 7659 states

is that "theCongress, in the interest of justice, public order and 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."

[7]

In the House of Representatives

TheHouse of Representativeshad, in the Eight Congress, earlier approved

on third reading House Bill No. 295 on the restoration of thedeath penaltyfor

certain heinous crimes. The House was in effect rebuffed by

theSenatewhen the Senate killed House Bill No. 295 along with other bills

coming from the House. House Bill No. 295 was resurrected during the Ninth

Congress in the form of House Bill No. 62 which was introduced by twenty

one (21) Members of theHouse of Representativeson 27 October 1992.House Bill No. 62 was a merger of House Bill Nos. 125, 187, 411, 764, 506,

781, 955, 1565, 1586, 2206, 3238, 3576 and 3632 authored by various

Members of the Lower House.[8]

In his Sponsorship Speech, Representative Manuel R. Sanchez of Rizal ably

essayed the constitutional vesting inCongressof the power to re-impose the

death penalty for compelling reasons invoking heinous crimes as well as the

nature of this constitutional pre-requisite to the exercise of such power.[9]

"Mr. Speaker, in Article III, Section 19(1) of Constitution reads, a I quote:

'Neither shall death penalty be imposed, unless, for compelling reasons

involving heinous crimes, the Congress shall thereafter provide for it . . .'
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The phrase 'unless, for compelling reasons involving heinous crimes, the

Congress shall thereafter provide for it was introduced as an amendment by

then Comm. Christian Monsod.

The import of this amendment is unmistakable. By this amendment, thedeath penalty was not completely abolished by the 1987 Constitution.

Rather, it merely suspended the death penalty and gave Congress the

discretion to review it at the propitious time.

Arguing for the inclusion of said amendment in the fine provision, Comm.

Ricardo Romulo said, and I quote:

"'The people should have the final say on the subject, because, at some

future time, the people might want to restore death penalty through initiativeand referendum.

Commissioner Monsod further argued, and I quote:

We cannot presume to have the wisdom of the ages. Therefore, it is entirely

possible in the future that circumstances may arise which we should not

preclude today.

xxx xxx xxx

I believe that [there] are enough compelling reasons that merit the

reimposition of the capital punishment. The violent manner and the

viciousness in which crimes are now committed with alarming regularity,

show very clearly a patent disregard of the law and a mockery of public

peace and order.

In the public gallery section today are the relatives of the victims of heinous

crimes the Hultmans, the Maguans, the Vizcondes, the Castanoses, and

many more, and they are all crying for justice. We ought to listen to them

because their lives, their hopes, their dreams, their future have fallen

asunder by the cruel and vicious criminality of a few who put their selfish

interest above that of society.


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Heinous crime is an act or series of acts which, by the flagrantly violent

manner in which the same was committed or by the reason of its inherent

viciousness, shows a patent disregard and mockery of the law, public peace

and order, or public morals. It is an offense whose essential and inherent

viciousness and atrocity are repugnant and outrageous to a civilized society

and hence, shock the moral self of a people.

Of late, we are witness to such kind of barbaric crimes.

The Vizconde massacre that took the lives of a mother and her two lovely

daughters, will stand in the people's memory for many long years as the

epitome of viciousness and atrocity that are repugnant to civilized society.

The senseless murder of Eldon Maguan, and up-and-coming young businessexecutive, was and still is an outrage that shocks the moral self of our

people.

The mind-boggling death of Maureen Hultmann, a comely 16 year-old high

school student who dreamt of becoming a commercial model someday, at

the hands of a crazed man was so repulsive, so brutal that it offends the

sensibilities of Christians and non-Christians alike

The cold-blooded double murder of Cochise Bernabe and BeebomCastanos, the lovely and promising couple from the University of the

Philippines, is eternally lodged in the recesses of our minds and still makes

our stomach turn in utter disgust.

xxx xxx xxx

The seriousness of the situation is such that if no radical action is taken by

this body in restoring death penalty as a positive response to the

overwhelming clamor of the people, then, as Professor Esteban Bautista ofthe Philippine Law Center said, and I quote:

'When people begin to believe that organized society is unwilling or unable to

impose upon criminal offenders the punishment they deserve, there are

sown the seeds of anarchy of self-help, of vigilante justice and lynch law.


27/35

The people will take the law upon their hands and exact vengeance in the

nature of personal vendetta.'

It is for this reason, Mr. Speaker, that I stand here and support House Bill No.

62.

As duly elected Representatives of our people, collectively, we ought to listen

to our constituents and heed their plea a plea for life, liberty and pursuit of

their happiness under a regime of justice and democracy, and without threat

that their loves ones will be kidnapped, raped or butchered.

But if such a misfortune befalls them, there is the law they could rely on for

justice. A law that will exact retribution for the victims. A law that will deter

future animalistic behavior of the criminal who take their selfish interest overand above that of society. A law that will deal a deathblow upon all heinous

crimes.

Mr. Speaker, my distinguished colleagues, for the preservation of all that we

hold dear and sacred, let us restore the death penalty."

A studious comparison of the legislative proceedings in theSenateand in

theHouse of Representativesreveals that, while both Chambers were not

wanting of oppositors to the death penalty, the Lower House seemed lessquarrelsome about the form of the death penalty bill as a special law

specifying certain heinous crimes without regard to the provisions of the

Revised Penal Code and more unified in the perception of what crimes are

heinous and that the fact of their very heinousness involves the compulsion

and the imperative to suppress, if not completely eradicate, their occurrence.

Representative Miguel L. Romero of Negros Oriental noted that: "All these

crimes have a common denominator which qualifies them to the level of

heinous crimes. A heinous crime is one which, by reason of its inherent or

manifest wickedness, viciousness, atrocity or perversity, is repugnant and

outrageous to the common standards of decency and morality in a just and

civilized society." He then proceeded to provide the details of the nature of

the heinous crimes enumerated in House Bill No. 62:[10]
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The crime oftreasonis defined as a breach of allegiance to a government,

committed by a person who owes allegiance to it. By the 'allegiance' is

meant the obligation of fidelity and obedience which individuals owe to the

government under which they live or to their sovereign in return for the

protection which they receive.

Inkidnapping, the though alone of one's loved one being held against his

or her own will in some unidentified house by a group of scoundrels who

are strangers is enough terrify and send shivers of fear through the spine

of any person, even scoundrels themselves.

Inrobberyaccompanied by rape, intentional mutilation or arson, what is

being punished by death is the fact that the perpetrator, at the time of the

commission of the crime, thinks nothing of the other crime he commits

and sees it merely as a form of self-amusement. When a homicide is

committed by reason of the robbery, the culprits are perceived as willing

to take human life in exchange for money or other personal property.

In the crime ofrape, not only do we speak of the pain and agony of the

parents over the personal shock and suffering of their child but the stigma

of the traumatic and degrading incident which has shattered the victim's

life and permanently destroyed her reputation, not to mention the ordeal

of having to undergo the shameful experience of police interrogation and

court hearings.

Piracy, which is merely a higher form of robbery, is punished for the

universal hostility of the perpetrators against their victims who are

passengers and complement of the vessel, and because of the fact that,

in the high seas, no one may be expected to be able to come to the

rescue of the helpless victims. For the same reason, the crime of air

piracy is punished due to the evil motive of the hijackers in makingunreasonable demands upon the sovereignty of an entire nation or

nations, coupled with the attendant circumstance of subjecting the

passengers to terrorism.

The debate on House Bill No. 62 lasted from 27 October 1992 to 11

February 1993. On 11 February 1993, the Members of theHouse of
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Representativesoverwhelmingly approved the death penalty bill on second

reading. On 23 February 1993, the Members of theHouse of

Representativescast their vote on House Bill No. 62 when it was up for

consideration on third reading. The results were 123 votes in favor, 26 votes

against, and 2 abstentions.[11]

Debate in the Senate

TheSenatenever doubted its power as vested in it by the constitution, to

enact legislation re-imposing the death penalty for compelling reasons

involving heinous crimes. Pursuant to this constitutional mandate, the Senate

proceeded to a two-step process consisting of: first, the decision, as a matter

of policy, to re-impose the death penalty or not; and second, the vote to pass

on the third reading the bill re-imposing the death penalty for compelling

reasons involving heinous crimes.[12]

On 15 February 1993, after a fierce and fiery exchange of arguments for and

against capital punishment, the Members of the Senate voted on the policy

issue of death penalty. With seventeen (17) affirmative votes and seven (7)

negative votes and no abstention, the Chair declared that the Senate has

voted to re-incorporate death as a penalty in the scale of penalties as

provided in the Revised Penal Code. A nine-person committee was

subsequently created to draft the compromise bill pursuant to said vote. The

mandate of the committee was to retain the death penalty, while the main

debate in the committee would be the determination of the crimes to be

considered heinous.[13]

On 17 March 1993, Senator Arturo Tolentino, Chairman of the Special

Committee on the Death Penalty, delivered his Sponsorship Speech. He

began with an explanation as to why the Senate Bill No. 891 re-imposes the

death penalty by amending theRevised Penal Codeand other special penal

laws and includes provisions that do not define or punish crimes but serve

purposes allied to the reimposition of the death penalty.[14]

In response to a query by Senator Gloria Macapagal-Arroyo as to whether or

not it would have been better if theSenatewere to enact a special law which

merely defined and imposed the death penalty for heinous crimes, Senator

Tolentino explicated, thus:[15]
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"x x x [T]hat may be a way presenting the bill. But we must bear in mind that

the death penalty is imposed in the Revised Penal Code. Therefore, when

the Constitution abolished the death penalty, it actually was amending the

Revised Penal Code to such an extent that the Constitution provides that

where the death penalty has already been imposed but not yet carried out,

then the penalty shall be reclusion perpetua, that is the penalty in the

Revised Penal Code. So we thought that it would be best to just amend the

provisions of the Revised Penal Code, restoring the death penalty for some

crimes that may be considered as heinous. That is why the bill is in this form

amending the provisions of the Revised Penal Code.

Of course, if some people want to present a special bill . . . the whole trouble

is, when a special bill is presented and we want to punish in the special billthe case of murder, for instance, we will have to reproduce the provisions of

the Revised Penal Code on murder in order to define the crime for which the

death penalty shall be imposed. Or if we want to impose the death penalty in

the case of kidnapping which is punished in the Revised Penal Code, we will

do the same -- merely reproduce. Why will we do that? So we just followed

the simpler method of keeping the definition of the crime as the same and

merely adding some aggravating circumstances and reimposing the death

penalty in these offenses originally punished in the Revised Penal Code."

From 17 March 1993, when the death penalty bill was presented for

discussion until 16 August 1993, the Members of theSenatedebated on its

provisions. The stiffest opposition thereto was bannered by Senator Lina who

kept prodding the sponsors of the bill to state the compelling reason for each

and every crime for which the supreme penalty of death was sought. Zeroing

in on the statement in the preamble of the death penalty bill that the same is

warranted in the face of "the alarming upsurge of [heinous] crimes", Senator

Lina demanded for solid statistics showing that in the case of each and everycrime in the death penalty bill, there was a significantly higher incidence of

each crime after the suspension of the death penalty on 2 February 1987

when the1987 Constitutionwas ratified by the majority of the Filipino people,

than before such ratification. Inasmuch as the re-impositionists could not

satisfy the abolitionists with sufficient statistical data for the latter to accept
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the alarming upsurge of heinous crimes as a compelling reason justifying the

reimposition of the death penalty, Senator Lina concluded that there were, in

fact, no compelling reasons therefor. In the alternative, Senator Lina argued

that the compelling reason required by the constitution was that "the State

has done everything in its command so that it can be justified to

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Heinous Crimes Act

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