Question & AnswerQ&A (Republic Act No. 268)
Act No. 3104 amends Section One of Act No. 2726 and provides the manner in which the death penalty shall be executed in the Philippines.
The death penalty shall be imposed in all cases where it must be imposed under existing law except when the guilty person was younger than 18 years or older than 70 years at the time of the crime, or when the Supreme Court does not unanimously agree on its imposition.
The death penalty shall not be imposed if the offender was less than eighteen years old or more than seventy years old at the time of the commission of the crime.
There must be a unanimous vote and signature of all participating Supreme Court justices during the second instance consideration for the death penalty to be imposed.
The death penalty shall be executed by electrocution.
The Director of Prisons shall endeavor to mitigate the sufferings of the person under sentence during electrocution and prior proceedings, and if the person desires, they shall be anesthetized at the moment of electrocution.
The court will designate a working day for execution but not the hour, notification must be given not before sunrise on that day, and execution must happen at least eight hours after notification but before sunset.
The condemned is to be provided assistance to attend to last rites with priests or ministers of their religion, consult lawyers, make a will, and confer with family or responsible persons for personal and business affairs.
Yes, the death sentence shall not be executed on a woman within three years following the sentence or while pregnant, nor on any person with mental deficiency or disturbance.
Execution shall occur in a space closed to the public and witnessed only by the priests assisting the offender, the offender's lawyers and relatives if requested, a physician, necessary personnel, and authorized persons.
If unclaimed by family and requested, the body shall be turned over to a learning or scientific institute for study and burial. Otherwise, the administration shall provide a decent burial allowing family and friends to be present.