By Joel R. San Juan & Butch Fernandez
JUSTICE Secretary Menardo Guevarra on Monday said that the reimposition of the death penalty may deter the commission of serious, or heinous crimes, in the country.
Guevarra made the statement in reaction to President Duterte’s call for Congress during his Fourth State of the Nation Address (Sona) to pass the death penalty bill.
Duterte said he wants the revival of the death penalty for crimes related to illegal drugs, plunder and other heinous crimes.
‘Squeaker’
IN the Senate, meanwhile, Senate President Vicente C. Sotto III said renewed efforts to pass a law reimposing death penalty for big-time drug traffickers has “a good chance” of early passage after being frontloaded in the Senate agenda along with other priority bills.
“If it is confined to high-level drug trafficking, it stands a good chance,” Sotto said, adding that “it could be a squeaker, but it could pass in the Senate.”
This, as the Senate leader aired concerns over the inclusion of plunder proposed to be covered in the list of crimes punishable with death sentence.
“Now, because of the mention of plunder, it would not look good on us, senators and congressmen, to disapprove its inclusion,” Sotto said. “Kailangang isama [We have to include it], otherwise, takot kami sa [our action might be misconstrued on] plunder.”
Deterrence?
“I believe that the imposition of the death penalty may somehow deter the commission of serious crimes,” Guevarra said.
While it is “difficult to measure or prove a negative proposition,” particularly on how many crimes were prevented or did not happen because of capital punishment, Guevarra pointed out that “ordinary human behavior indicates that fear of being put to death for the commission of a crime will naturally prompt a criminally minded person to think twice.”
The DOJ chief, likewise, pointed out that the Congress has the authority to impose capital punishment for compelling reasons under the 1987 Constitution.
“It is, therefore, up to the Congress to determine the parameters of what constitutes a heinous crime,” he said.
The imposition of the death penalty was abolished in 2006 with the signing by then-President Gloria Macapagal-Arroyo of Republic Act 9346 (an act prohibiting the imposition of the death penalty in the Philippines) after repeated appeals from the Vatican.
RA 9346 repealed RA 7659 or the death penalty law passed during the time of former President Fidel V. Ramos.
Committee decision
The Senate President added: “Therefore, aside from high-level drug trafficking, pwedeng isama pa rin ang [we may include] plunder. But again, as of now, it is going to be a squeaker as far as the Senate is concerned. Merong mga kontra sa amin niyan, [there are those who are against] so we will try to get 13 votes.”
Asked if the bill will now be listed in their priority measures for early consideration after President Duterte mentioned it, Sotto said they are leaving it up to the committees to which it will be assigned, likely to be spearheaded by the Committee on Justice and Human Rights chaired by Sen. Richard J. Gordon.
“It depends on the chairmen of the committees, if they can report it out right away [for plenary deliberations],” Sotto said, assuring that “definitely it will become a part of priority in the Ledac,” referring to the Legislative-Executive Development Advisory Council.
The Senate leader, however, admitted there is no assurance that the Senate can the bill reimposing death penalty within the year, admitting it is difficult to predict the length of plenary debates on highly controversial issues.