The reinstatement of the death penalty comes up often in the Congress. This time it's not for high level drug offenders but for corrupt government officials.
 |
| https://cebudailynews.inquirer.net/618845/death-by-firing-squad-for-corrupt-govt-officials-pushed |
A bill pushing for the imposition of the death penalty by firing squad for government officials convicted of corruption and other grave cases was filed before the House of Representatives.
Under House Bill No. 11211, or the proposed Death Penalty for Corruption Act, filed by Zamboanga City 1st District Rep. Khymer Adan Olaso, conviction for the following cases will merit the death penalty:
- graft and corruption as defined under Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act
- malversation of public funds as defined under the Revised Penal Code.
- plunder as defined under R.A. No. 7080
According to Olaso, he came up with the idea as corruption remains “one of the gravest threats” to the Philippines’ growth.
“Despite the existence of numerous laws aimed at combating graft, malversation, and plunder, the persistence of these crimes suggests that current measures are insufficient to deter public officials from engaging in corrupt practices,” Olaso wrote in the bill’s explanatory note.
“This proposed bill seeks to impose the ultimate penalty of death by firing squad on public officials — from the President to the lowest barangay official — convicted by the Sandiganbayan of graft and corruption, malversation of public funds, and plunder. The bill emphasizes accountability and deterrence, making it clear that public office is a public trust, and any violation of that trust must be met with the severest consequences,” he added.
Under the bill, all public officials — whether elected or appointed, and including members of the military and police forces — will be sentenced to death penalty if the Sandiganbayan convicts them.
To ensure due process, the death penalty would only be carried out if the following circumstances are met:
- the Supreme Court affirms the conviction
- the conviction has undergone the mandatory automatic review process as required by the Constitution and other applicable laws
- the accused has exhausted all legal remedies available under Philippine law, including appeals and motions for reconsideration
“These safeguards aim to uphold the fundamental rights of the accused while ensuring that the imposition of the death penalty is applied only in cases where guilt is conclusively established,” the bill reads.
Olaso filed the bill last December 16, 2024, and was referred to the House committee on justice last December 18.
This is not the first time that a lawmaker pushed for the death penalty for government officials convicted of corruption-related cases.
Last October 2024, Cibac party-list Rep. Eddie Villanueva said he would push for a law imposing the death penalty on corrupt government officials who stole over P100 million.
Senator Ronald dela Rosa also filed a bill reinstating the death penalty, but only for high-level drug trafficking, fearing that including corruption as among the crimes punishable by death would not get support.
Yeah. Blah, blah, blah, blah, blah, whatever. As if the death penalty will stop Filipinos from being corrupt. It's kind of second nature at this point. But there is something else. Last month the Philippines voted in favor of a global ban on the death penalty.
 |
| https://mb.com.ph/2024/12/20/ph-votes-in-favor-of-global-ban-on-death-penalty |
The Philippines has voted in favor of a United Nations General Assembly (UNGA) resolution banning the death penalty across the world.
The Philippines was among the 130 countries that favored the global moratorium on death penalty; while 32 voted against.
Twenty-two countries abstained in the voting.
The resolution expressed deep concern about the continued application of the death penalty and reaffirmed the sovereign right of all countries to develop their own legal systems, including determining appropriate legal penalties, in accordance with their international law obligations.It also called upon all states to establish a moratorium on executions, with a view to abolishing the death penalty, as well as recalled duty of states, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.
How is it the Philippines votes against the United Nations General Assembly for a global ban on the death penalty and a month later some schmuck Congressman introduces a bill to reinstate the death penalty? It doesn't make any sense.
As far as international law obligations go the Philippines has signed a treaty that prevents them from reinstating the death penalty.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
https://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights
The Philippines signed the treaty in 1966, it was ratified in 1986, and finally entered into force in 1987.
The Second Optional Protocol is an optional subsidiary agreement of the ICCPR.
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989 and entered into force on 11 July 1991. As of April 2022, the Optional Protocol has 90 state parties. The most recent country to ratify was Kazakhstan, on 24 March 2022.
The Optional Protocol commits its members to the abolition of the death penalty within their borders, though Article 2.1 allows parties to make a reservation allowing execution "in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime" (Brazil, Chile, El Salvador). Cyprus, Malta and Spain initially made such reservations, and subsequently withdrew them. Azerbaijan and Greece still retain this reservation on their implementation of the protocol, despite both having banned the death penalty in all circumstances. (Greece has also ratified Protocol no.13 of the European Convention on Human Rights, which abolishes capital punishment for all crimes).
The Philippines signed this agreement in 2006 and it was ratified in 2007.
 |
| https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4 |
The thing about this agreement, which was optional, is that there is no mechanism for withdrawal. Article 6 of this treaty says the following:
1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.
2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol, the right guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to any derogation under article 4 of the Covenant.
I have already written about this in-depth in a previous article.
It simply does not make any sense that this Congressman is unaware the Philippines international obligations. Of course maybe it makes perfect sense seeing as there are so many morons in the Philippine government.
No comments:
Post a Comment