SAN BEDA UNIVERSITY

SENIOR HIGH SCHOOL - MANILA

HUMANITIES AND SOCIAL SCIENCES STRAND

The Effectiveness of Capital Punishment on the Propagation of Peace in the Philippine Society

In partial fulfillment of the requirements in

Practical Research 2

Written by:
ASISTIO, MATTHEW O.
BANGALAN, NATHANIEL P.
ESPINO, GABRIEL ALFONSO S.
FIGURACION, TRE-C ALLEN B.
MOSQUISA, BENEDICT B.
REYES, EXEQUIEL MAURICE T.
VERGARA, CLARENCE JAMES I.
VERON, LUIS C.
12-HUMSS 2, Fr. Mauro Ruiz

Presented to:
Ms. Christine Joy Corbe
TITLE: The Effectiveness of Capital Punishment on the Propagation of Peace in the Philippine
Society

BACKGROUND OF THE STUDY:

According to Roger Hood, a Professor for Criminology and Research Associate at the University
of Oxford, explained that Capital punishment also called death penalty is, “execution of an
offender sentenced to death after conviction by a court of law of a criminal offense.” From the
Latin word capitalis meaning “regarding the head,” and originally referred to a beheading. This
was made famous in the French Revolution of 1799, in which French citizens with the ideas of
John Locke’s liberalism razed and altered their country’s political landscape from centuries-old
institutions such as feudal system and absolute monarchy to democratic absolutism.

Throughout the history of mankind, capital punishment has always been part of one’s culture,
practice and tradition. The earliest form is in the 7th century BCE (Before Common Era) Ancient
Greece had implemented capital punishment for crimes such as murder, treason, arson, and rape
under the laws of Draco. Numerous societies practiced exceptionally cruel forms of capital
punishment, starting from ancient times till the 19th century. Some of the most brutal examples
are being hurled from the Tarpeian Rock in Rome, Chinese citizens were creative in torturing
their convicts, one way is sawing the condemned in half, flaying him while still alive, and
boiling was some of their tactics. Although, by the end of the 20th century a lot has adopted to
use lethal injections. However, Arabians continued the practice of beheading through the 20th
century, Iran and Sudan occasionally stoned to death (cases of adultery)

In 1946 to 1961 grounds for death penalty was murder, rape and treason, and a total of 51 people
were unfortunately sentenced to death by the law. The amount soared high under the authority of
Ferdinand E. Marcos. Under the regime of the late dictator, drug trafficking was added to the list
of crimes punishable by death. Electric chairs were the primary instrument used to execute the
condemned p, but in 1976 it was replaced by firing squad. During the 1986 People Power
Revolution, the Marcos regime was overthrown. In 1987 Constitution it had abolished capital
punishment or death penalty making the Philippines the first country in Asia to terminate the
practice. However, it was reinstated by former president Fidel V. Ramos, he introduced the
utilization of gas chambers to dispense judgment.

Under the Marcos regime, traffickingdrugs was added to the list of crimes punishable by death.
The primary instrument for execution during Marcos’ time were electric chairs which were
replaced by firing squads in 1976. When Marcos was overthrown during the 1986 People Power
Revolution, the Philippines became the first country in Asia to abolish death penalty by virtue of
the 1987 Constitution. Death penalty was reinstated under the rule of then President Fidel
Ramos, which used gas chambers and electric chairs to dispense judgment.Executions continued
until President Gloria Macapagal-Arroyo for the second time suspended death penalty under
Republic Act No. 9346 in 2006.
RESEARCH QUESTIONS:
■ How can Capital Punishment eliminate or lessen the crimes in the Philippines if it is
proved?
■ If Capital Punishment is unsuitable, what can be it’s alternatives?
■ What are the possible effects from the society when Capital punishment is implemented?

RRL:

Prabhakar, A. (2013). Why Must Death Penalty Continue to Exist?. International Journal of
Humanities and Social Science Invention, 2 (5), 32-36.

Retrieved from : http://www.ijhssi.org/papers/v2(5)/version-1/E253236.pdf

Harsh punishment is required to keep the potential convicts at bay, and ensuring that the society
is not harmed or the peace, tranquility and order of the society is not compromised.

Philippines have been under the law of capital punishment on the previous administration of
Fidel V. Ramos and once again the death penalty is still in the process of implementing it. This
penalty is limited to crimes such as corruption and drug abuse for the sake of crime control.
Capital punishment viewed in the principle of free will can be considered as legal since convicts
were aware of the consequences on their actions; death in a psychological principle is the
greatest fear of man which may result to deter crimes (Prabhakar, 2013). The existence of death
warrant will become one of the proponents of possible effects to the country’s crime rate
regarding peace and freedom from misconducts.

An Act Designating Death By Lethal Injection As The Method Of Carrying Out Capital
Punishment, Amending For The Purpose Article 81 Of The Revised Penal Code, As Amended By
Section 24 Of Republic Act NO. 7659. . (1998). Cralaw. Retrieved from
http://www.chanrobles.com/republicactno8177.htm?
fbclid=IwAR3atBzMOXquB25p8LvjJMtLZLhBrU8PJCbRLI-
45Fhyr0ODb8QS8lfKCYA#.XUwMu9uB1AZ

Capital Punishment in the Philippines can be done by lethal injection, electrocution and gas
chamber. Death penalty proceedings shall be done not less than in a year but 18 months after the
verdict has been executory and final, following the due process which has to authenticate all
available data and information before the conviction of the suspect in a trial court. This endeavor
so far is to be corrected by mitigating the sufferings of the person by applying only lethal
injection which is under the execution of the Director of the Bureau of Corrections, together with
other trained personnel and an authorized trained physician to perform such task.
Tagayuna, A. (2004). Capital Punishment in the Philippines. Retrieved from
https://pdfs.semanticscholar.org/ff8f/c7b4d5e1801c91693bb48646bca356655541.pdf?
fbclid=IwAR10zcnOCr_QtVdWcCk_hTIj6uAAgVsrUEquc3_CzmBzZuwTk-tToMmaNVA

This case study of the Philippines is an example of how modern punishment is created.
Theoretically, the presence of capital punishment can be understood by the instrumental nature of
the political state in protecting the capitalist class. Nevertheless, the Philippine experience shows
a disaggregated view of the state in explaining the wavering support that evolved under various
political administrations after Marcos. Such focus reveals that the post-Marcos government was
not a state that was molded primarily by governing elites. Rather, the historic strength in bringing
capital punishment back to law was based in large measure on the way the state preemptively
organized societal interests, and the display of power by active agents who had the capacity and
resources to influence the general public.
The capacity of political groups to influence the state is contingent on specific empirical
conditions. The reorganization of the government towards democracy, the prospect of economic
growth, the public clamor for more security and order, and the reintroduction of a more liberal
world view in conducting politics, had cumulatively shaped the development of civil society.
Although in the Philippines attempts were made to blur class lines on issues such as capital
punishment, the level of political action and influence simply depends on the relative control of
those who have property. Since property is a political resource, often the propertied get their way
in politics. The rise of the middle class and its alliances with the state and other select social
groups creates more power favoring one side of the issue over the other.

Alhambra, A. V., & Ramos, M. M. (2017). IS THE DEATH PENALTY THE ANSWER?
Retrieved from http://www.jjcicsi.org.ph/wp-content/uploads/2017/05/IQF-Vol-IV-No-1-Death-
Penalty.pdf?
fbclid=IwAR2ZkbVIXe8IMoQbdjum3efju6uWYdPHmzh4y9Pq0k2CmQ5B7qTU9Rwh3KU

Current research is inconclusive as to whether the death penalty has any effect on the crime rate.
What has been shown to deter crime is the certainty of being caught and being punished. Data
from the Philippine Statistical Authority (PSA) show that the crime rate was decreasing sharply
before the death penalty was restored in 1992. The rate of decrease appears to have slowed down
in the years when the death penalty was enforced. The rate of intentional homicide (defined by
the United Nations Office on Drugs and Crime as “unlawful death purposefully inflicted on a
person by another person”) similarly decreased from 1998 through 2012, regardless of whether
the death penalty was in force. It decreased most sharply starting in 2006, the same year the
death penalty was last abolished. . A 2004 study of data from 1983 to 2000 showed that
economic factors are the most robust determinants of crime rates in the Philippines (Gillado and
Tan-Cruz 2004). The study concluded that: (1) The more stable the economy, the lesser the
crime; and (2) Murder and homicide decrease as per capita gross domestic product, average
urban and rural income, the consumer price index, and cohort survival rate in elementary
education increase. A 2004 study of data from 1983 to 2000 showed that economic factors are
the most robust determinants of crime rates in the Philippines (Gillado and Tan-Cruz 2004). The
study concluded that: (1) The more stable the economy, the lesser the crime; and (2) Murder and
homicide decrease as per capita gross domestic product, average urban and rural income, the
consumer price index, and cohort survival rate in elementary education increase. Death penalty
will deter crime and dispense justice is still a myth. Execution by death penalty does not bring
closure to families of victims. It can also be a form of injustice since it is error-prone and anti-
poor.

Ward, C. (2017) IN DEFENSE OF THE RIGHT TO LIFE: INTERNATIONAL LAW AND

DEATH PENALTY IN THE PHILIPPINES. Retrieved From

http://regnet.anu.edu.au/sites/default/files/uploads/2017-03/In-Defense-of-the-Right-to-Life-IL-
and-Death-Penalty-in-the-Philippines.pdf

Findings of the study show that this proposition is completely untenable. The reintroduction of
the death penalty in any form in the Philippines will expose the Philippines to international
ridicule and criticism as it breaches numerous rules of international law, including rules that it
expressly and freely accepted in the free exercise of its sovereignty. The authors also argue that
the introduction of capital punishment will considerably impact the standing of the Philippines in
the international community, its work within the United Nations (UN), and its economic relations
with trade partners.

SIGNIFICANCE OF THE STUDY:

This study aims to establish an understanding for the Philippine society to know the means of the
effectiveness of Capital Punishment when it is in effect in the constitution. This study will be
significant and beneficial to the following:
■ Philippine Government – This study can contribute to the government officials in terms
of understanding if there is a significant impact when the capital punishment is
implemented in the Philippines on the propagation of peace.
■ Filipinos – This study could raise awareness to Filipino critiques and those who oppose
death penalty as an effective law of achieving peace.
 ■ Community – This study can raise awareness in the community on understanding the
effect of capital punishment in the Philippines when it is implemented.
■ Students – This study can be useful for the students who are researching and wanting to
have a deeper understanding of the capital punishment.
■ Department of Education – This study can be contributed to DepEd in terms of
providing a study regarding capital punishment can be an effective way of achieving
peace.
■ Future Researchers – This study can be a reference for the future researchers who needs
to provide claims in their study related to capital punishment.
DEFINITION OF TERMS:

Capital punishment - It is a Government Sanctioned order where the person in question is

hereby sentenced to death as a punishment for the severity of the crimes committed according to
customs and laws of the country he/she is to be executed on. The Legally authorized way to
killing someone in accordance to the crime that has been committed.

Execution - the process in which a condemned criminal is to be sentenced to death according to

the order given out by the jury. The order or instruction followed in killing a marked or
condemned criminal by the jury.

Penal System - An network of groups that facilitates the administration of the jurisdiction's
prisons and community-based programs that oversees the daily in and outs of the inmates of the
facility. The system that monitors and brings order to the facility in which criminals are being
held in.

Victim - A Person who is Harmed, injured, or killed as a result of a murder, Assault, accident,
phenomenon, event by either a person, animal, disease, nature etc.

Suspect - A person Accused of or is guilty committing a crime or an offense that has violated the
law or prohibitions of the place he is in.

Crime - an action or omission that constitutes an offense that may be prosecuted by the state and
is punishable by law, It is an unlawful act punishable by a state or other authority.