Question & AnswerQ&A (Republic Act No. 7659)
The main purpose of Republic Act No. 7659 is to impose the death penalty on certain heinous crimes, amending the Revised Penal Code and other special penal laws to include the death penalty for specified offenses.
Crimes punishable by death include treason, qualified piracy, qualified bribery, parricide, murder with qualifying circumstances, infanticide under certain conditions, kidnapping for ransom, robbery with homicide, destructive arson, qualified rape, plunder involving at least 50 million pesos, and certain dangerous drugs offenses.
Heinous crimes are defined as grievous, odious, and hateful offenses characterized by inherent or manifest wickedness, viciousness, atrocity, or perversity that are repugnant and outrageous to the common standards and norms of decency and morality.
The penalty of reclusion perpetua is from twenty years and one day to forty years. The death penalty is imposed for certain heinous crimes, otherwise the maximum penalty is reclusion perpetua. The death penalty is reserved for the most serious offenses as specified.
The death penalty shall not be imposed if the offender is below eighteen years of age at the time of the crime, is more than seventy years old, or if the Supreme Court does not secure the required majority vote upon automatic review.
After the trial court imposes the death penalty, the case records must be forwarded to the Supreme Court for automatic review and judgment en banc within twenty days but not earlier than fifteen days after promulgation of the judgment or denial of motions for new trial or reconsideration.
Murder is punishable by death when committed with treachery, taking advantage of superior strength, with armed men, with means to weaken defense or ensure impunity, for a price, with certain methods causing great waste and ruin, on occasions of calamities, with evident premeditation, or with cruelty augmenting victim's suffering.
Government officials found guilty of heinous crimes like drug offenses or plunder face the maximum penalties of reclusion perpetua to death, as stated in the law, with particular emphasis on public accountability and higher penalties if involved.
Persons charged under provisions of the Dangerous Drugs Act punishable by reclusion perpetua to death are not allowed to avail of plea bargaining under Section 20-A of RA 6425, as amended by RA 7659.
The death sentence shall be executed preferably by electrocution under the authority of the Director of Prisons. The law also allows for the convicted person to be anesthetized during execution. It also provides that when facilities are available, gas poisoning will be used instead.