Philippine law prohibiting death penalty

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Republic Act No. 9346: Philippine law prohibiting death penalty

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Title Source: Supreme Court: 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.

Law Summary

Alternative Penalties Imposed

Reclusion perpetua shall be imposed when the violated law uses the penalties nomenclature of the Revised Penal Code.
Life imprisonment shall be imposed when the violated law does not use the nomenclature of the Revised Penal Code penalties.

Ineligibility for Parole

Persons sentenced to reclusion perpetua or those whose sentences have been reduced to reclusion perpetua are ineligible for parole.
This removes eligibility under Act No. 4103 (Indeterminate Sentence Law), as amended.

Publication Requirements for Commutation or Pardons

The Board of Pardons and Parole must publish weekly for three consecutive weeks in a newspaper of general circulation:
- The names of persons convicted and sentenced to reclusion perpetua or life imprisonment due to this Act,
- Those who are being considered or recommended for commutation or pardon.
Presidential power to grant executive clemency under Section 19, Article VII of the Constitution remains unrestricted.

Effectivity and Formalities

The Act takes effect immediately upon publication in two national newspapers of general circulation.
It was approved and enacted after consolidation of Senate Bill No. 2254 and House Bill No. 4826.
The law enjoys full legitimacy as it was approved by Congress and signed by the President of the Philippines.

END