Question & AnswerQ&A (Act No. 2726)
The primary purpose of Act No. 2726 is to establish exceptions in the application of the death penalty under Philippine law.
The death penalty shall be imposed in all cases where it is required under existing law except in cases explicitly stated as exceptions in the act.
The two exceptions are: (1) when the guilty person was less than eighteen years old at the time of the commission of the crime, and (2) when the Supreme Court magistrates' vote on the death penalty sentence in the second instance is not unanimous.
When exceptions apply, the guilty person shall be imposed a penalty of thirty years imprisonment if the crime is penalized by an Act of the Philippine Commission or the Philippine Legislature, or the penalty immediately below the death penalty under the Penal Code if penalized by the Code.
No. The Act prohibits imposing the death penalty on persons who were less than eighteen years old at the time of the crime.
If the magistrates of the Supreme Court participating in the second-instance vote are not unanimous in favor of imposing the death penalty, then the death penalty shall not be imposed.
All Acts or parts of Acts inconsistent with Act No. 2726 are repealed.
The Act took effect immediately upon approval on December 20, 1917.
It refers to the next highest severe penalty below the death penalty as defined in the penalty scale of the Philippine Penal Code.
The penalty of thirty years imprisonment must be prescribed by an Act of the Philippine Commission or the Philippine Legislature.