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.
abolish garrote execution by hanging capital punishment

Authority and expedited enactment

  • The Act is enacted by the Philippine Commission “by authority of the United States.”
  • Section 4 states that the public good requires speedy enactment and directs expedited passage.
  • Section 4 mandates expedited passage in accordance with section two of “An Act prescribing the order of procedure by the Commission in the enactment of law,” passed September 26, 1900.

Abolition of garrote executions

  • Section 1 abolishes the garrote as an instrument for execution of criminals hereafter condemned to death, except as provided later in the Act.
  • Section 2 establishes hanging as the governing execution method for those hereafter finally sentenced to incur the death penalty, except as provided.

Primary rule: death penalty by hanging

  • Section 2 requires that all persons hereafter be finally sentenced to incur the death penalty, except as provided, shall be sentenced to be executed by being hung by the neck until dead.
  • Section 2 requires that such persons shall be so executed.
  • Section 2 provides that the execution shall take place at the time and place and by the persons prescribed by the existing law, or by such law as may be hereafter enacted.
  • Section 2 makes the specific place/time/implementers requirements turn on the governing execution-law regime then in force or later enacted.

When the Act does not apply

  • Section 3 provides that the Act shall not apply to pending prosecutions.
  • Section 3 provides that the Act shall not apply to prosecutions hereafter instituted for offenses heretofore committed whose punishment is the death penalty.
  • Section 3 provides that for prosecutions covered under these categories, the method of execution shall be such as is provided by the existing Spanish law.
  • Section 3 ties the applicable method to the existing Spanish law for the prosecutions it protects from the Act’s substitution rule.

Definitions and substantive terms

  • Section 1 uses the terms “garrote” and “means of executing criminals” as the former execution mechanism being abolished.
  • Section 2 uses the operative phrase “hung by the neck until dead” as the governing method for executions under the Act.
  • Section 2 specifies the operative sentencing trigger: “hereafter be finally sentenced to incur the death penalty.”
  • Section 2 specifies the operative execution trigger: the condemned person “shall be so executed.”