Abolition of Garrote; Execution by Hanging

Act No. 451
The Philippine Law, Act No. 451, abolished the use of the garrote and introduced execution by hanging for criminals sentenced to death, with exceptions for pending prosecutions and offenses committed before the enactment of the law.

Questions (Act No. 451)

To abolish the garrote as a means of executing persons condemned to death and to substitute execution by hanging.

No. It is abolished except as provided later in the Act.

Execution by being hung by the neck until dead.

At the time and place, and by the persons, prescribed by existing law or by such law as may be enacted later.

It refers to the persons prescribed by existing law or future law; it does not itself name the officials.

It does not apply to (a) pending prosecutions and (b) prosecutions instituted for offenses previously committed that are punishable by death.

The method of execution provided by existing Spanish law.

Yes. Section 3 only limits application to pending prosecutions and to prosecutions for offenses heretofore committed; for other cases, hanging applies.

On its passage (as stated in Section 5).

It states that the public good requires the speedy enactment and that the passage was expedited under the procedure law of September 26, 1900.

Only the method of execution. It does not change which offenses carry the death penalty; it changes how death is carried out.

It indicates that the hanging method applies only to persons who are finally sentenced after the Act’s prospective coverage, not those covered by Section 3.

The method under existing Spanish law, because Section 3 excludes pending prosecutions from the Act.

No, not for offenses heretofore committed that are punishable by death; Section 3 requires using the method provided by existing Spanish law for such prosecutions.


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