Introduction

One of the most contentious subjects in our country today is the revision of Death

Penalty. The criminal justice system stressed about administering the proper and precise way

instead of the productivity of the procedures required inside the system. And the delayed in the

due process that preserve the accused, accuser and society as a whole.1

Death Penalty is a Capital punishment here in the Philippines. It was abolished during

the administration of Gloria Macapagal Aarroyo in year 2006. According to her the death

penalty should be abolished because it had not proven to be a deterrent to crime and had

become a dead-letter law. Republic Act 9346 downgraded the death penalty to life

imprisonment. Act No. 9346, also known as An Act Prohibiting the Imposition of the Death

Penalty in the Philippines.2 Life imprisonment, on the different hand, has an indefinite duration,

has no specific important points on pardon, and does now not come with compulsory accessory

penalties.

1
.Ang, Alvin. (2006). Determining the Costs of Delay in the Philippine Criminal Justice System. Asia-Pacific Social
Science Review. Volume 6. 30-46.
2
In the know: Death Peanalty. May 17, 2016, Inquirer.Net. Retrieved March 11, 2019.
https://newsinfo.inquirer.net/785954/in-the-know-death-penalty?utm_expid=.XqNwTug2W6nwDVUSgFJXed.1
 According to the Republic Act No. 7659 Death Penalty will be imposed to the law

offender that had been proved guilty of crimes. The following crimes will be punishable by the

proposed death penalty. The following crimes are subjected to the capital punishment;

Treason, Qualified piracy, Qualified bribery, Parricide, Murder, Infanticide, Rape,

Kidnapping and serious illegal detention, Robbery with violence against or intimidation of

persons, Destructive arson, Plunder, Importation of dangerous drugs and or controlled

precursors and essential chemicals, Sale, trading, administration, dispensation, delivery,

distribution and transportation of dangerous drugs and or controlled precursors and essential

chemicals, Maintenance of drug den, Manufacture of dangerous drugs and or controlled

precursor and essential chemicals, Possession of dangerous drugs, Cultivation or culture of

plants classified as dangerous drugs, Unlawful prescription of dangerous drugs, Criminal liability

of public officer for misappropriation, misapplication or failure to account for the confiscated

seized or surrendered drugs, Criminal liability for planting evidence, and Car napping.

In the statement of our President Rodrigo Duterte on the reimplementation of Death

Penalty, he said that the one way to stop criminals is to put them in distress. This is the time to

attain the direction of protecting our people.

"In the Philippines, it is really an eye for an eye, a tooth for a tooth. You took life; you

must pay it with life. That is the only way to even. You cannot place a premium on the human

mind that he will go straight," he asserted.3 Senator Tito Sotto also agreed on the

3
“Duterte on death penalty: It's the only way to instill fear”. ABS-CBN NEWS. Retrieved Febuary 25, 2019.
https://news.abs-cbn.com/news/07/24/17/duterte-on-death-penalty-its-the-only-way-to-instill-fear.
reimplementation of death penalty in the Philippines. There is no need for amending the justice

system of the Philippines.

"I'm pushing for the death penalty for high-scale drug trafficking so that we're not

treated like a playground. We're called a playground of drug traffickers. They can't do it in

Singapore or Malaysia or China because they'll get killed. In the Philippines, they will be jailed in

Bilibid with no air-conditioner but there's a refrigerator, a television and other things," he said. 4

In March President Donald Trump suggested eligible for the death penalty are drug

dealer. He added that the federal government is “Wasting our time”. The said statement will be

able to grip a nation of the deadliest crisis of illegal-drug addiction. Death penalty actually

deters criminality little evidence suggested.5

An opposition to the Death Penalty reacted that is Amnesty International stated that

“The death penalty is the ultimate cruel, inhuman and degrading punishment.

Amnesty opposes the death penalty in all cases without exception - regardless of who is

accused, the nature or circumstances of the crime, guilt or innocence or method of

execution.”

In year 2017 twenty-three countries have known imposing death penalty as a

capital punishment. There are recorded executions of 993 decreases by four percent

4
“Aquino hesitant to bring back death penalty: Sen Tito Sotto, in contrast, wants to revive the Death Penalty Law
to prevent drug traffickers from making the country their playground”. RAPPLER.COM. Retrieved February 25,
2019. https://www.rappler.com/nation/49180-aquino-hesitant-bring-back-death-penalty.
5
“Why support for the death penalty is rising again in America”. The Economist”., August 24, 2018. Retrieved
March 11, 2019. https://amp.economist.com/the-economist-explains/2018/08/24/why-support-for-the-death-
penalty-is-rising-again-in-america?fbclid=IwAR19uyaXORibolgf1ZIKrCfX1yfP2Z9LsCVnP0YTQNyX_7-O2hSH1H9454g.
 from 1,032 executions in 2016 and thirty-nine percent from 2015 from 1,634

executions, the highest number since 1989. China, Iran, Saudi Arabia, Iraq and Pakistan

the countries with most executions occur. 6

In the book of Dr. Maboloc PhD in titled “Applied Ethics” in Chapter 6 Social Justice

according to Jhon Rawls, “Each individual has a sacredness established on equity that even the

welfare of society can't abrogate”. A right I for equal welfare for each individual in the privilege

from everyone who is living in a particular place he lived. An individual had the right that can't

be yielded for the benefit of the majority. Unmistakably an actual existence of one individual

who carried out wrongdoing illegal should not be presented to death [34].7

To sacrifice one’s welfare to the welfare of the majority is not a reason to take life.

Whenever a person commits a crime against the public, one reason that is protecting him is his

existence of being. The life of an individual as whole, there would no other reason that life as

the coherent conveyor of importance. A person's life can be best see as an organically,

individual, or rather as the presence of an individual that might possibly be human.8 The

presence of a being relates significance each individual is important regardless of what he do.

Being ethically wrong by carrying out wrongdoings like assault is a motivation behind why there

is a need in immediate respond from the society, justice system and government.

6
The Death Penalty in 2017: Facts and Figures. April 12, 2018. Retrieved March 11, 2019.
https://www.amnesty.org/en/latest/news/2018/04/death-penalty-facts-and-figures-2017/
7
Dr. Maboloc, Christopher Ryan PhD (2018). Applied Ethics: Moral Possibilities for the Contemporary World.
Revised Edition. 65 Salcedo Bldg., Arellano St., Davao City. Print Shoppe. 2018. 34.
8
Metz, Thaddeus, "The Meaning of Life", The Stanford Encyclopedia of Philosophy (Summer 2013 Edition), Edward
N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/sum2013/entries/life-meaning/>.
 In contrary utilitarianism whatever action is being assessed, we should pick the one that

will create the best that result to greater good. In the language of utilitarian’s, we ought to pick

the choice that "augments utility”. Every action or activity that creates the biggest measure of

good is a good choice for utilitarian. As indicated by Jhon Stuart utilitarian principle says that

an action is good in extent as they will promote human satisfaction. Along these lines, Mill

“centers about the results neither of an actions and not on rights nor in moral suppositions”.9

Utilitarianism, in contrast according to Shchercbinina to Kant's theory of morality, bases

the goodness of an activity on the outcomes it prompts – on the off chance that the outcomes

are great, at that point the activity was great too. The decency of an activity is then dictated by

the measure of satisfaction or despondency it causes. Utilitarian’s at that point argue that each

individual's satisfaction and welfare are similarly significant. In this manner, as indicated by

utilitarian standards, a definitive objective throughout everyday life, the order of human lead is

boosting utility.10

The amending of Death Penalty in the country is not the only problem but the social

justice system itself. I don’t agree with Senator Sotto when he said there is no need to change

our social justice system. Because I believe death penalty is not the answer for all the crimes

happening. Capital punishment does not secure us from being not hurt by others. Also, it does

not guaranteeus that no more will perpetrate appalling wrongdoing.

9
John Stuart Mill: Ethics. Internet Encyclopedia of Philosophy.
10
Shcherbinina, Mariya. Utilitarian Critique of Kant's Foundations of Morality. Accessed March 23, 2019.
https://www.academia.edu/8139299/Utilitarian_Critique_of_Kants_Foundations_of_Morality
Indeed, in the Philippines, national wrongdoing 15.3% expanded in year 1999. There were

seven people were executed for various shocking wrongdoings. The government must do an

action to prove that peace is possible without blood. To show to the people that they are true

not wolves in sheep's clothing in doing the fair treatment of law.

According to Lawrence Martin in assessing Jeremy’s Bentham influence in Political

Economy. The major requirements for public service, according to Bentham, were moral,

intellectual, and active aptitude. Bentham specifies policies and procedures governing

personnel recruitment, selection, training, promotion, transfer, demotion, dismissal, etc.

Selection, for example, is to be based on an open competitive examination in order to attract

and secure the most able talent. Without actually using the modern term, Bentham is

essentially describing a merit system.

The objective of Bentham’s merit system is captured by his phrase “aptitude maximized,

expense minimized”. Here, Bentham is clearly talking about the doctrine of efficiency and the

search for efficiency in government. Bentham’s influence in attempting to assess the influence

of Jeremy Bentham, it is useful to divide the discussion into three parts: (1) public policy; (2)

social reform; and (3) administrative reform.11

11
Lawrence L. Martin, (1997) "Jeremy Bentham: utilitarianism, public policy and the administrative state", Journal
of Management History, Vol. 3 Issue: 3, pp.272-282, https://doi.org/10.1108/13552529710181622
Conclusion

Some agree and some disagree to this situation we are facing. The both side have their

own point. One aims to protect the people with justice. Justice is served with due process of

law. Truly, criminals that are subjected to Death Penalty will experience a long procedure in

official courtroom. Also, the official courtroom discovered him liable and exposed to

detainment and could be exposed to capital punishment. Being in prison is sufficient for it is the

result of what he does illegal and his neighbor. Being a long way from somebody you cherish

and being not with them is all that could possibly be needed for an individual who commit

criminal offense. In the “Principle of Stewardship” [101] for we individual is only a defender and

in charge of dealing with what the Almighty has given, and it is endowment of life. 12

Furthermore, we are also individual and we are not qualified for take one’s life. If this

individual would be endured he could hurt increasingly honest individuals. Also, for that

individual in power like police should take be in charge of that. Being in prison is sufficient for it

is the result of what he do is illegal and his neighbor. To have peace and harmonious world a

law is needed. A rule to role the society in a same manner with selfless intentions results peace.

The Second one is protect everyone’s life in all means. Even those harshest and most grounded

hoodlums living Even in those people who commit rape and murder, to correct the misconduct

Death Penalty is a must. For the happiness of greater number other things will be sacrifice.

The position is to protect no matter who he is and what he does. After all he is a human

being not a rational being. But, are the new social law is necessary to maintain safety, peace

12
Dr. Maboloc, Christopher Ryan PhD (2018). Applied Ethics: Moral Possibilities for the Contemporary World.
Revised Edition. 65 Salcedo Bldg., Arellano St., Davao City. Print Shoppe. 2018. 34.
and harmony? All of us is created with goodness, our existence is already good. We are given

freewill to decide and to be rational being. Goodness is what and who we are. But some are

taking advantage of this freedom. The freedom to express, and decide that cause

misconceptions among laws. The capability of a person to do a certain action is showing his

ability to do it. To become rational being is hard because we are sinners in our own way. A

philosopher once said “I act therefore I am”.

For in every action we do represent ourselves. In every action we do we are showing

who really are. In a way we learn a thing that is morally good and evil. Temptations are

rampant, entertaining, and deceiving. Temptation is what who made them to become

criminals. We do not know them; even sometimes due process cannot prove the goodness of a

person. It can only prove who the criminal is and the victim. For we know here in our country

money is powerful. It takes time earn trust and to really know a person. So it takes a long

period of time to know a criminal. One should be with him all the way until he know him. But,

how can we prove that this one is innocent when we set justice in our hands. But how can the

family of the sixteen years old church server Christine Silawan whose face was peeled off,

exposing her skull get justice.

Can Commission on Human Rights facilitate the torment that the family feel this time

cause by some uncouth and unethical human. Truly I can say those individuals are affected by

medications, liquor and abhorrence being. Capital punishment is a response to this sort of

violations however the critical thing our legislature should address initially is itself. For how we
can change other thing when we can't change ourselves. To address unlawful medications first

activity is to get the pusher without medication pusher tranquilize client will never again exist.

A plant without help such us soil, water, daylight and carbon dioxide will kick the bucket

up to its root. Expel its root to demonstrate it without a doubt kick the bucket. In the book of

Applied Ethics, Macer (2017) express that farfetched hole ought to be address first for it keeps

on breaking the advancement of the general public. Just nation was work for the integrity of its

kin.13The welfare and the wellbeing is its central objective. We are given equivalent chances to

pick and experience our lives with equivalent assurance of the law. The equity framework itself

is an issue. Capital punishment must serve to the individuals who truly merit. Yet, after this

natural living the Alpha and the Omega will pass judgment on us as indicated by how we carry

on with this life.

13
Dr. Maboloc, Christopher Ryan PhD (2018). Applied Ethics: Moral Possibilities for the Contemporary World.
Revised Edition. 65 Salcedo Bldg., Arellano St., Davao City. Print Shoppe. 2018.