G.R. No. 132601 - Echegaray vs. Secretary of Justice

Petitioner Leo Echegaray was convicted of rape by the Regional Trial Court and sentenced to death by lethal injection under Republic Act No. 7659 (Death Penalty Law) and its implementing Lethal Injection Law (R.A. No. 8177).
On October 12, 1998, the Supreme Court denied petitioner’s challenge to the constitutionality of R.A. 8177 but declared invalid Sections 17 and 19 of its implementing rules and enjoined enforcement of R.A. 8177 until those sections were amended. The decision became final and executory on November 6, 1998.

On December 28, 1998, petitioner filed a Very Urgent Motion for Issuance of a Temporary Restraining Order (TRO), alleging that Congress was considering repeal or amendment of the death penalty law and that his execution was set for January 4, 1999.
The Supreme Court, in a special session on January 4, 1999, granted the TRO, restraining petitioner’s execution until June 15, 1999 “unless it sooner becomes certain that no repeal or modification of the law is going to be made.”
Public respondents (Secretary of Justice et al.) filed an Urgent Motion for Reconsideration and a Supplemental Motion, arguing that:

The decision had become final and its execution is within exclusive executive authority.
The issuance of a TRO encroached on executive reprieve power and legislative prerogative.
No genuine possibility existed of repeal or modification of the death penalty law by the current Congress or override of a presidential veto.

Petitioner filed a Consolidated Comment contending that the Court’s stay was within judicial power and necessary to protect his right to life and due process.

Whether the Supreme Court retains jurisdiction to restrain the execution of a final and executory judgment imposing the death penalty.
Whether the rule on finality of judgments deprives the Court of power to enforce or supervise execution of its own decisions.

Whether issuance of the TRO encroaches on the executive power to grant reprieves, commutations, and pardons (Presidential power under Article VII, Section 19 of the Constitution).
Whether the TRO infringes on legislative prerogative to repeal, amend, or review the death penalty law.

Whether credible indications existed that Congress might repeal or amend R.A. 7659 within its session, justifying a temporary stay of execution.