Title
Death Penalty Execution Procedures and Exceptions
Law
Act No. 3104
Decision Date
Mar 17, 1923
A 1923 Philippine law amends Act No. 2726, outlining the specific circumstances for imposing and executing the death penalty, including age restrictions, unanimous voting requirements, method of execution, notification and assistance to the offender, suspension for certain individuals, place and witnesses at the execution, and provisions for the body and burial of the person executed.

Law Summary

Method and Execution of Death Sentence

  • Execution shall proceed with preference over other punishments.
  • The prescribed method is electrocution.
  • The Director of Prisons is responsible for the execution, with a duty to minimize the condemned person's suffering.
  • The condemned person may request anesthesia at the moment of execution.

Notification and Preparation for Execution

  • The court designates the day for execution but not the exact hour.
  • Notification to the condemned is given no earlier than sunrise on the day of execution.
  • Execution must occur at least eight hours after notification and before sunset.
  • During the waiting period, the condemned may receive assistance to:
    • Consult with religious ministers.
    • Confer with legal counsel.
    • Make a will.
    • Meet family members or persons managing their affairs.

Suspension of Execution in Special Cases

  • Execution is suspended for:
    • Women within three years after sentencing or if pregnant.
    • Persons suffering from mental deficiency or disturbance.

Execution Venue and Witnesses

  • Execution occurs in a private, enclosed space.
  • Witnesses include:
    • Priests assisting the condemned.
    • Lawyers and relatives (if requested).
    • A physician.
    • Essential personnel.
    • Any other persons authorized by the administration.

Disposition of the Body After Execution

  • If unclaimed, the body may be turned over to scientific or educational institutions for study upon their request.
  • The institution becomes responsible for proper burial.
  • If not used for scientific purpose, the administration shall provide a decent burial.
  • Families and friends designated by the condemned may attend the burial.

Effectivity

  • The Act takes effect immediately upon approval.

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