Title
Philippine law prohibiting death penalty
Law
Republic Act No. 9346
Decision Date
Jun 24, 2006
The Anti-Death Penalty Law abolishes the death penalty in the Philippines, replacing it with the penalties of reclusion perpetua or life imprisonment, while still allowing the President to grant clemency.

Replacement penalties in lieu of death

  • Section 2 provides that, in lieu of the death penalty, the penalty of reclusion perpetua is imposed when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code.
  • Section 2 provides that, in lieu of the death penalty, the penalty of life imprisonment is imposed when the law violated does not make use of the nomenclature of the Revised Penal Code.
  • Section 2 directs sentencing replacements based on whether the violated law uses Revised Penal Code penalty nomenclature.

Parole ineligibility for reclusion perpetua

  • Section 3 makes persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua due to the Act, ineligible for parole.
  • Section 3 bars parole under Act No. 4103, the Indeterminate Sentence Law, as amended.
  • Section 3 ties the parole ban to the effect of the Act’s sentencing replacement (including sentence reductions to reclusion perpetua).

Publication of candidates for clemency

  • Section 4 directs the Board of Pardons and Parole to cause publication of the names of persons being considered or recommended for commutation or pardon.
  • Section 4 requires publication for persons convicted of offenses punished with reclusion perpetua or life imprisonment “by reason of this Act.”
  • Section 4 requires publication at least once a week for three consecutive weeks.
  • Section 4 requires the publications to be made in a newspaper of general circulation.
  • Section 4 preserves the President’s power to grant executive clemency under Section 19, Article VII of the Constitution.

Effectivity and implementation timing

  • Section 5 makes the Act take effect immediately after its publication in two national newspapers of general circulation.
  • Section 5 establishes the publication condition for effectivity and ties commencement to completion of that publication requirement.
  • Section 5 fixes no delayed operation beyond publication completion in the two national newspapers.

Issuance, approval, and effectivity

  • The Act is Republic Act No. 9346, titled “An Act Prohibiting the Imposition of Death Penalty in the Philippines.”
  • The Act is approved on June 24, 2006.
  • The Act provides that it takes effect under Section 5 immediately after publication in two national newspapers of general circulation.
  • The Act was finally passed by the Senate and the House of Representatives on June 7, 2006.

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