Title
Supreme Court
Death penalty for heinous crimes Act
Law
Republic Act No. 7659
Decision Date
Dec 13, 1993
The Death Penalty Law in the Philippines, Republic Act No. 7659, introduces amendments to existing laws and adds new provisions, including the restoration of the death penalty for crimes such as treason, piracy, murder, rape, and plunder, among others, with penalties ranging from reclusion perpetua to death.

Law Summary

Amendment on Treason (Article 114)

  • Treason punishment amended to reclusion perpetua to death plus fine.
  • Requires two witnesses or confession in court for conviction.
  • Aliens committing treason punished by reclusion temporal to death plus fine.

Piracy and Mutiny (Articles 122, 123)

  • Piracy and mutiny in Philippine waters punished by reclusion perpetua.
  • Qualified piracy punished by reclusion perpetua to death under certain grave circumstances.

Qualified Bribery (New Article 211-A)

  • Law enforcement officers refraining from arrest/prosecution for bribe punished with penalty of unprosecuted offense.
  • Officers demanding bribe suffer death penalty.

Parricide (Article 246)

  • Killing of ascendants or descendants punished by reclusion perpetua to death.

Murder (Article 248)

  • Murder punished by reclusion perpetua; death penalty for qualified circumstances including treachery, premeditation, cruelty, use of means causing public destruction.

Infanticide (Article 255)

  • Killing child less than three days punished like parricide or murder.
  • Mitigated penalties when committed to conceal dishonor.

Kidnapping and Serious Illegal Detention (Article 267)

  • Penalty of reclusion perpetua to death.
  • Death penalty if for ransom or victim killed, raped, tortured.
  • Certain aggravating circumstances specified (duration, minor victim, simulated authority).

Robbery with Violence or Intimidation (Article 294)

  • Penalties range from prision correccional to death depending on severity.
  • Death penalty when accompanied by homicide, rape, mutilation, or arson.

Destructive Arson (Article 320)

  • Reclusion perpetua to death if burning certain buildings, transportation, utilities, or government properties.
  • Death penalty if death results.
  • Group commission or burning to conceal crime aggravated.

Rape (Article 335)

  • Rape punished by reclusion perpetua; reclusion perpetua to death with deadly weapon or multiple offenders.
  • Death penalty if victim suffers permanent insanity or mutilation or dies.
  • Special aggravating circumstances regarding victim's age, relationship, custody, offender’s status.

Plunder (Amendment to RA 7080)

  • Public officer amassing ill-gotten wealth of at least P50 million punished by reclusion perpetua to death.
  • Penalties extended to conspirators.
  • Confiscation of ill-gotten wealth in favor of the State.

Dangerous Drugs Offenses (Amendments to RA 6425)

  • Penalties of reclusion perpetua to death and fines of P500,000 to P10 million for importation, sale, manufacture, possession, and maintenance of dens for prohibited and regulated drugs.
  • Maximum penalty applies if victim is minor or drug causes death.
  • Specific penalties for government officials and for "planting" evidence.
  • Certain drug quantities specified for penalties.
  • Plea bargaining prohibited for crimes punishable by reclusion perpetua to death.

Carnapping (Amendment to RA 6539)

  • Imprisonment penalties increase with use of violence or intimidation.
  • Death penalty if owner, driver, or occupant is killed or raped.

Penalty Ranges Defined (Article 27 Revised Penal Code)

  • Reclusion perpetua: 20 years and 1 day to 40 years.
  • Reclusion temporal, prision mayor, prision correccional, arresto mayor and menor defined.

Restrictions and Procedures on Death Penalty (Article 47)

  • Death penalty not imposed on minors, elderly over 70, or if Supreme Court denies majority vote.
  • Automatic review by Supreme Court en banc required.

Mitigating and Aggravating Circumstances and Habitual Delinquency (Article 62)

  • Public position taken as aggravating, organized crime involvement increases penalty.
  • Habitual delinquency increases penalties with additional prison terms.
  • Total penalty capped at 30 years.

Execution of Death Penalty (Article 81)

  • Death by electrocution with anesthesia option.
  • Order to mitigate suffering.
  • Transition to gas poisoning method planned.
  • Execution within one year of final judgment.

Suspension of Death Penalty Execution (Article 83)

  • No death penalty on pregnant women or within one year after delivery.
  • No death penalty for those over 70; commuted to reclusion perpetua.
  • Records sent to President for possible pardon.

Repeals, Severability, and Effectivity

  • Repeals inconsistent laws and rules.
  • Severability clause for invalid provisions.
  • Law effective 15 days after publication in newspapers.

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.