Negative Death Penalty In The Philippines Essay
Negative Side
Romero, Cerilo A. The imposition of the death penalty in the Philippines has had a repressive history. For the most part (from 1848 to 1987), it was used to limit the liberties, freedoms and rights of the Filipino people. Capital punishment during the early Spanish Period took various forms including burning, beheading, drowning, whipping, garrote, hanging, shooting, stabbing and others. Filipinos who were meted the death penalty include the native clergies Gomez, Burgos and Zamora who were garroted (an execution with the use of an iron collar tightened by a screw for strangling) in 1872; and Dr. Jose Rizal by a firing squad. Between 1840-1857 (still in Spanish domination), recorded death sentences totaled 1,703 with 46 actual executions.
During the American period, the American colonizers, adopting most of the provisions under the Codigo Penal of 1848, retain the death penalty. Macario Sakay
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“Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it.” The decision to abolish the death penalty was influenced by four main arguments expressed in the debates of the Constitutional Commission: firstly, that capital punishment, even if not carried out, was inhuman because it traumatizes not only the prisoner but also his family; secondly, that there was no solid evidence to show that the death penalty had acted as an effective deterrent against the commission of serious crimes; thirdly, that life was a divine gift and as such should not be put in the hands of a human judge; and fourthly that modern penal systems favored reformative rather that vindictive punishment. The Philippines became the first Asian country to abolish the death penalty for all
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