Manila, Philippines – The Senate is about to resume its hearing on the revival of the death penalty this current month though a subcommittee to be lead by Senator Manny Pacquiao.
Meanwhile, Malacañang said that the revival of the capital
punishment will not violate the country’s obligations as a state party to the International
Covenant on Civil and Political Rights (ICCPR).
Chief Presidential Legal Counsel Salvador Panelo, explained
as he addresses the critics of President Rodrigo Duterte that ICCPR allows the
imposition but limits its applications only to most serious crimes.
Panelo added that the Philippine’s obligations under the
international group cannot affect our policy-making decisions since the Constitution
is the ultimate law of the land.
“More importantly, treaties cannot be in conflict with our
Constitution. Otherwise, such treaties may be invalidated because the
Constitution has higher authority over any legal instrument whether it be
passed or ratified by the Congress,” Panelo said.
“Treaties ratified and incorporated and made part of the law
of the land are only given equal standing with, and are not superior to our
laws,” he added.
“Like any other law, a treaty may be repealed by a later act
of the Congress if it deems that such is warranted under the present
circumstances or is violative of our Constitution,” he also said.
According to Panelo, though the ICCPR’s second optional protocol
mandates abolition of the death penalty, it cannot prevail on the authority of
the Congress should it pass the law.
“While Section 19 of Article III of the 1987 Constitution
prohibits the imposition of the death penalty, the same provision authorizes
the Congress to pass a law which reimposes the death penalty for ‘compelling
reasons involving heinous crimes,’ ” Panelo said.
“The Second Optional Protocol to the International Covenant
on Civil and Political Rights…cannot prevail over the authority of the
Congress…if it determines that there are compelling reasons to penalize or
prevent the commission of grievous, odious, and hateful offenses that equate to
heinous crimes,” he added.
Malacañang has said
that reimposition of this capital punishment is very essential to keep a crime
and drug free Philippines.
source: Manila Bulletin
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