THE DEATH PENALTY LAW

Case Overview and Summary

Summary of Republic Act No. 7659 (Death Penalty Law)

Declaration of Policy (Section 1)
- The State shall adopt measures to promote peace, order, protection of life, liberty, property, and general welfare.

Crimes Punishable by Death
- Treason (Section 2): Levying war against the Philippines or adhering to enemies, punishable by reclusion perpetua to death and fine up to ₱100,000.
- Piracy and Mutiny (Section 3): Attacking or seizing vessels, punishable by reclusion perpetua to death.
- Qualified Bribery (Section 4): Public officer refraining from arresting offenders of crimes punishable by reclusion perpetua/death in exchange for a gift, punishable by the penalty for the unprosecuted offense.
- Parricide (Section 5): Killing parents, children, or spouse, punishable by reclusion perpetua to death.
- Murder (Section 6): Killing with qualifying circumstances like treachery, reward, or cruelty, punishable by reclusion perpetua to death.
- Infanticide (Section 7): Killing a child less than 3 days old, punishable by penalties for parricide or murder.
- Kidnapping (Section 8): Depriving liberty with qualifying circumstances like ransom, punishable by reclusion perpetua to death.
- Robbery with Violence (Section 9): Robbery with homicide, rape, or arson, punishable by reclusion perpetua to death.
- Destructive Arson (Section 10): Burning buildings, ships, or public utilities, punishable by reclusion perpetua to death.
- Rape (Section 11): Rape with qualifying circumstances like use of deadly weapon or victim's insanity, punishable by reclusion perpetua to death.
- Plunder (Section 12): Public officer amassing ill-gotten wealth of at least ₱50 million, punishable by reclusion perpetua to death.
- Drug Offenses (Sections 13-17): Importation, sale, manufacture, possession, or cultivation of prohibited/regulated drugs, punishable by reclusion perpetua to death and fines from ₱500,000 to ₱10 million.
- Carnapping (Section 20): Taking a motor vehicle with violence or killing/raping the owner, punishable by reclusion perpetua to death.

Penalties and Execution (Sections 21-25)
- Reclusion perpetua is 20 years and 1 day to 40 years imprisonment.
- Death penalty shall not be imposed on minors below 18 or those over 70 years old.
- Death penalty cases shall be automatically reviewed by the Supreme Court.
- Death penalty shall be executed by electrocution or gas poisoning within 1 year after judgment becomes final.
- Execution shall be suspended for pregnant women or within 1 year after delivery.

Other Provisions
- Aggravating circumstances like abuse of public position or organized crime shall increase the penalty (Section 23).
- Heavier penalties for government officials involved in drug offenses (Section 19).
- No plea bargaining for crimes punishable by reclusion perpetua to death (Section 18).