Law Summary

SECTION 1: Exceptions to the Death Penalty

• Legal Principle: The death penalty is generally mandated for certain crimes under existing law; however, exceptions are established in this section.
• Key Definitions:
  • Guilty Person: An individual found guilty of a crime subject to the death penalty.
  • Unanimous Vote: A requirement that all participating magistrates of the Supreme Court agree on the imposition of the death penalty.
• Important Requirements:
  • The death penalty shall not be imposed if: • The guilty person was under eighteen years of age at the time of the offense. • The Supreme Court's vote on the death penalty is not unanimous among the participating magistrates.

SECTION 2: Alternative Penalty for Exceptions

• Legal Principle: In lieu of the death penalty, specific alternative penalties are prescribed for the exceptions stated in Section 1.
• Key Definitions:
  • Thirty Years of Imprisonment: The alternative penalty applicable when the crime is penalized by an Act of the Philippine Commission or the Philippine Legislature.
  • Penalty Immediately Below Death Penalty: The next lesser penalty as defined in the Penal Code when applicable.
• Important Requirements:
  • If a guilty person falls under the exceptions: • The penalty will be thirty years of imprisonment for crimes under Acts of the Philippine Commission or Legislature. • The penalty immediately below the death penalty will apply for offenses penalized by the Penal Code.

SECTION 3: Repeal of Inconsistent Laws

• Legal Principle: This section serves to ensure legal coherence by repealing conflicting laws.
• Important Details:
  • All existing Acts or portions of Acts that are inconsistent with the provisions of Act No. 2726 are hereby repealed.

SECTION 4: Effectivity

• Legal Principle: This section outlines the immediate effect of the law upon approval.
• Important Details:
  • The Act takes effect immediately upon its approval date, December 20, 1917.

Key Takeaways

• Act No. 2726 establishes exceptions to the imposition of the death penalty in the Philippines, specifically concerning the age of the offender and the need for a unanimous Supreme Court vote.
• For cases falling under these exceptions, a significant alternative penalty of thirty years of imprisonment is mandated.
• The Act also repeals any conflicting laws to maintain legal clarity and takes effect immediately upon its passage.