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AUF Law Thesis AN EYE FOR AN EYE? (A Critical Analysis on the Constitutionality and Morality of the Revival of Philippine Capital Punishment vis-à-vis Recent Incidents of Heinous Violence) A Thesis Presented to the School of Law Angeles University Foundation In Partial Fulfillment of the Requirements for the Degree of Juris Doctor JOEY ANDREW G. GUERRERO MARCH 2011 ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | i Approval Sheet This thesis entitled “AN EYE FOR AN EYE?, A Critical Analysis of the Constitutionality and Morality of the Revival of Philippine Capital Punishment vis-à-vis Recent Incidents of Heinous Violence,” proposed and submitted by JOEY ANDREW G. GUERRERO in partial fulfillment of the requirements for the degree of Juris Doctor has been examined and found in order and is hereby recommended for acceptance and approval for oral examination. Justice Eduardo B. Peralta, Jr. Thesis Adviser PANEL OF EXAMINERS Passed by the panel of examiners on oral examinations on March 12, 2011. Justice Jose Vitug Dean Atty. Domingo Navarro Atty. Marianne Angeles Vice Dean School Secretary Accepted and approved in partial fulfillment of the requirements for the degree of Juris Doctor. Date:___________________ Justice Jose Vitug Dean ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | ii ABSTRACT The whole nation watched in utter shock when in a trouble-laden Southern Philippine province, at least 57 people, including journalists and innocent civilians, were murdered, mutilated, and inhumanely buried in what is now recorded as the worst politically-motivated Massacre in the Philippines. Media organizations and the country’s top honchos, as expected, immediately condemned the horrid event now dubbed as the “Maguindanao Massacre.” The Filipino people, however, responded emotionally. Calls for justice and a strict implementation of the law for the masterminds and perpetrators of the heinous crimes filled the air. In rapid succession, events of a similar nature transpired. It is in this light that a clamor for the restoration of Capital Punishment in the Philippines surfaced. Unto this day, the issue on Death Penalty has kept the populace divided. Will these recent incidents of violence be enough to unite the people to say yea or nay once and for all to this stirring controversy? This study will delve on the arguments for and against Capital Punishment. Research strategies will be employed to determine the constitutionality and morality of Death Penalty in the current Philippine setting. As final outcome, this academic work anticipates the formulation of recommendations and conclusions based on the researched materials concerning the possible awakening or the continuous slumber of Death Penalty in the country. ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | iii TABLE OF CONTENTS Page Approval Sheet……………………………………………………………………… i Abstract………………………………………………………………………………… ii Acknowledgements………………………………………………………………… vii CHAPTER Page 1 THE PROBLEM AND REVIEW OF RELATED LITERATURE Introduction.............................................................. 1 Review of Related Literature……………………………………. 10 Death Penalty in Early Civilizations...................... 10 Death Penalty in America…………………................. 19 Death Penalty in the Philippines........................... 24 Death Penalty Internationally............................... 32 Arguments for and against Capital Punishment...... 33 Synthesis............................................................ 44 ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | iv Statement of the Problem………………………………………… 45 Significance of the Study…………………………………………. 45 Scope and Limitation…………………………………………….... 46 Definition of Terms…………………………………………………. 47 2 METHOD Research Design………………………………………………………. 48 Sampling Design………………………………………………………. 50 Data-Gathering Procedure…………………………………………. 50 Data Analysis……………………………………………………………. 50 3 RESULTS AND DISCUSSION The Constitutionality of Capital Punishment in the Philippines............................. 51 ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | v On Death Penalty as Cruel and Unusual Punishment………............................... 76 The Morality of Capital Punishment in the Philippines.............................. 79 The Aptness of the Revival of Philippine Capital Punishment………................................. 114 4 SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS Summary of Findings……………………………………………….. 115 On the Constitutionality of Capital Punishment in the Philippines...................... 117 On the Morality of Capital Punishment in the Philippines....................... 117 Conclusions………………….............................................. 119 Recommendations…………………..................................... 119 REFERENCES 121 ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | vi APPENDICES A Even Cops Shocked by Ruby Rose Slay B Mafia-Style Murder: Steel Drum, Cement C ‘Massacre is Worst Political Violence in Recent History’ D Maguindanao Massacre Death Toll Rises to 46-Police E Maguindanao Massacre F Says Int’l Watchdog: Maguindanao Massacre Worst-Ever for Journalist G Press Groups Condemn Maguindanao Massacre H Death Penalty Revival Sought Over Maguindanao Massacre I Lozano Son Murdered J Police Confirm Burned Body is Missing Car Dealer K Carjack-Murder Suspect: I Bought Gas to Burn Venson L Dad of Murdered Car Trader Evangelista Wants Death Penalty Back M Car Trader’s Murders Revive Debate on Death Penalty N ‘Big Bomb’ Kills 4, Injures 14 Bus Passengers on Edsa O Makati Bus Blast Death Toll Rises to 5 P DZIQ: Senator Pushes for Return of Death Penalty Q CBCP Official Warns Against Reimposition of Death Penalty R Aquino Against Re-Imposing Death Penalty S Philippines Stops Death Penalty T There’s The Rub: Death to Death U Philippines Needs Death Penalty V Even God Favors Death Penalty W DZIQ: Never for Death Penalty- CBCP Spokesman X Crime Wave Revives Call to Resurrect Death Penalty Y Congressmen Oppose Death Penalty Revival Z Weighing in on the Death Penalty Debate AA The Bill of Rights (Article III of the 1987 Philippine Constitution) AB Republic Act No. 7659 AC Republic Act No. 8177 AD Republic Act No. 9346 ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | vii ACKNOWLEDGEMENTS Words will never be enough to express the depth of gratitude that my heart feels for the vital inspiration and immeasurable aid that the following entities have provided to render this thesis a reality. I am tremendously indebted to the following: My former college professor, Prof. Melanie Briones-Viloria, for never failing to give her enlightening recommendations when needed the most; My family, for giving me a constant reason to overcome life’s mountains to reach my desired goals; My classmates in law school, for imparting to me pieces of their lives that have kept me in high spirits and enabled me to finish my law studies; Our professors in law school, for imparting to us their legal knowledge and for teaching us the value of patience and perseverance; Our thesis adviser, Justice Eduardo B. Peralta Jr., for his steadfast guidance indispensable to the completion of this research study; Angeles University Foundation, for building us a venue closer to home where we may study the law and pursue our dreams of becoming lawyers; My Dad, who is now present with the Lord, for leaving me principles and lessons in life that have greatly influenced who I am today; and Lastly and more importantly, to the Creator for bestowing upon all of us the gift of life and the opportunity of learning. To the aforementioned, therefore, this humble work is dedicated. The Researcher ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | 1 Chapter 1 THE PROBLEM AND REVIEW OF RELATED LITERATURE I don’t want to die; I won’t kid you. I deserve, certainly, the most extreme punishment society has. And I think society deserves to be protected from me and others like me. That’s for sure. ---Ted Bundy, American serial killer, who bludgeoned and murdered over 30 people, in an interview few hours before he was executed by electric chair for his last murder by the State of Florida. What says the law? You will not kill. How does it say it? By killing! ---Victor Hugo, author of Les Miserables. “Let us restore the death penalty for heinous crimes. I always say, if you do the crime, you do the time. Now I say, if you do a heinous crime, then you can say goodbye to your time.” ---Juan Miguel Zubiri, Senate of the Philippines Majority Leader. "I've been haunted by the men I was asked to execute in the name of the state of Florida. This is premeditated, carefully thought out ceremonial killing." ---Ron McAndrew, Was a prison warden in Florida. ANGELES UNIVERSITY FOUNDATION SCHOOL OF LAW | 2 illeniums of years ago, written laws were inexistent. This void paved the way for injured parties to launch against their M offenders retaliations which were oftentimes much worse than the crime committed. Ancient civilization just had to take action to define and restrict this extent of retaliation. 1 Early codification of laws attempted to address this problem. Thus, in the ancient Code of King Hammurabi of Ancient Babylon, the principle of lex talionis emerged. Lex Talionis adheres to the principle of “an eye for an eye” which is also mentioned in several passages of the Bible. The idea was to prescribe a punishment equal to the severity of the offense. It was in this Code of Hammurabi that the basic principles of Death Penalty were established. 2 As the laws and their underlying principles evolved through the passing of time, the issue on Capital Punishment became a leading controversy
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