Alternatives to Capital Punishment
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Capital punishment is not the solution to rising criminality. In fact, the death penalty has no place in a civilized society, much less in a society which proclaims adherence to democratic ideals and to promotion of human rights. It has been noted that the source of all human corruption lies in the impunity of the criminal, not in the moderation of punishment. Clearly, it is not the severity of punishment that deters the commission of criminal acts, but the certainty of punishment.
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If a person believes that he/she will not be penalized perhaps because of his/her station in life, then the gravity of punishment shall certainly not stop that person from committing any crime. In fact, there is no empirical study that has ever succeeded in competently proving that the imposition of capital punishment deterred the commission of the crime. Our Constitution insists that the state treats its members with respect for their intrinsic worth as human beings, and this is true even as the state punishes the commission of the most brutal crimes. There is a need therefore, for a penalty other than capital punishment which will have the same effects as those intended by the death penalty in protecting society. The alternative to capital punishment is the adoption of a new category of punishment, called qualified reclusion perpetua, which must be implemented fairly, impartially, and efficiently. If a criminal is locked away for the rest of his/her life, and the prison system is run as it should be -- with vigilance, fairness, and impartiality--the commission of crimes should decrease. Government cannot ignore its responsibility for running a corruption-free, impartial, efficient, vigilant, and human prison system. The current prison system needs reforms and this new penalty of qualified life imprisonment can be the incentive to reform the prison system. Qualified reclusion perpetua has no definite duration; a person sentenced to qualified reclusion perpetua must spend the rest of his/her natural life in prison. Qualified reclusion perpetua does not grant time off for good conduct; does not allow deductions for preventive imprisonment; is not covered by the indeterminate sentence law; and provides for accessory penalties. In addition, qualified life imprisonment includes full restitution to the victim's family from the labor of the offender. This means that, while in prison, a convict can work, and the money he/she earns may be used to pay his/her upkeep and to pay back the families of his/her victims. The victims and their families will have retribution, knowing that the person who committed the crime will be behind bars for the rest of his/her life and that any profits form the labor the convict may undertake while imprisoned will go to the victims or their families. At the same time, the convict will have an opportunity to change his/her life and attitudes, and perhaps, truly repent and atone for his/her actions. Qualified reclusion perpetua, has no definite extent or duration, with accessory penalties and full restitution to the victim's family from money earned by the convict while imprisoned. Reclusion perpetua, on the other hand, covers a period of 20 to 40 years imprisonment, with accessory penalties, and indemnity to the victim and the victim's family, not necessarily from the convict's labor. In addition, reclusion perpetua allows reduction of sentence for time served in preventive detention; grants good conduct allowances; and provides for the grant of loyalty awards. Qualified reclusion perpetua does not. Under both qualified reclusion perpetua and reclusion perpetua, the convict is not entitled to parole. Qualified reclusion perpetua shall be imposed for the following crimes and offenses: 1. Qualified bribery (Art. 211 A, Revised Penal Code); 2. Kidnapping with some illegal detention for ransom (Art. 267, Revised Penal Code); 3. Robbery accompanied by arson (Art. 2294, Revised Penal Code); 4. Rape with homicide (R.A. 8353); 5. Incest rape where the victim is below 18 years of age (R.A. 8353); 6. Rape, when the victim is under the custody of the police or military authorities or any law enforcement or penal institution (R.A. 8353); 7. Rape committed in full view of the spouse, children, or relatives within the third civil degree of consanguinity (R.A. 8353); 8. Rape of a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime (R.A. 8353); 9. Rape of a child below 7 years of age (R.A. 8353); 10. Rape, where the offender knows he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is transmitted to the victims (R.A. 8353); 11. Rape, when committed by a member of the Armed Forces or para-military units thereof or by the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime (R.A. 8353); 12. Rape, when by reason or occasion thereof, the victim suffered permanent physical mutilation or disability (R.A. 8353); 13. Rape, when the offender knew of the pregnancy of the offender party at the time of the commission of the crime (R.A. 8353); 14. Rape, when the offender knew of the mental disability, emotional disorder, and/or physical handicap of the offender party at the time of the commission of the crime (R.A. 8353); 15. Sale, administration, dispensation, delivery, transportation, and distribution of prohibited drugs to a minor (Sec. 4, R.A. 6425); 16. Sale, administration, dispensation, delivery, transportation, and distribution of prohibited drugs where prohibited drug is proximate cause of death (Sec. 6425); 17. Maintenance of den, dive, or resort for prohibited drug users, irrespective of quantity found, if administered or sold to a minor used in such place, or if prohibited drug is proximate cause of death (Sec. 5, R.A. 6425); 18. Sale, administration, dispensation, delivery, transportation, and distribution of regulated drugs to a minor (Sec. 15,R.A. 6425); 19. Sale, administration, dispensation, delivery, transportation, and distribution of regulated drugs where regulated drug is proximate cause of death (Sec. 4, R.A. 6425); 20. Maintenance of den, dive, or resort for regulated drugs users, irrespective of quantity found, if administered or sold to a minor used in such place, or if regulated drug is proximate cause of death (Sec. 5, R.A. 6425); 21. Carnapping, when the owner, driver, or occupant of the carnapped motor vehicle is raped in the course of the commission or on occasion thereof (Sec. 14, R.A. 6539); The penalty of reclusion perpetua to qualified reclusion perpetua shall be imposed for the following crimes and offenses: 1. Plunder (Sec. 2, R.A. 7080); 2. Importation of prohibited drugs (Sec. 3, R.A. 6425) 3. Sale, administration, dispensation, delivery, transportation, and distribution of prohibited drugs (Sec. 4, R.A. 6425); 4. Maintenance of den, dive, or resort for prohibited drugs users (Sec. 5,R.A. 6425); 5. Manufacture of prohibited drugs (Sec. 7,R.A. 6425); 6. Importation of regulated drugs (Sec. 14, R.A. 6425); 7. Manufacture of regulated drugs (Sec. 14-A, R.A. 6425) 8. Sale, administration, dispensation, delivery, transportation, and distribution of regulated drugs (Sec. 15, R.A. 6425) 9. Government Officials and Employees and Officers and Members of Police Agencies and Armed Forces; Planting of evidence, for violation of Section 3,4,5,9 and 14 of R.A. 6425 (Sec. 24, R.A. 6425); 10. Carnapping, when the owner, driver, or occupant of the carnapped motor vehicle is killed in the course of the commission or on occasion thereof (Sec. 14, R.A. 6539); 11. Qualified Piracy (Art. 123, Revised Penal Code); 12. Parricide (Art. 246, Revised Penal Code); 13. Murder (Art. 248, Revised Penal Code); 14. Kidnapping and Serious Illegal Detention (Art. 267, Revised Penal Code); 15. Kidnapping and Serious Illegal Detention when victim is killed; dies as a consequence of detention; is raped; or subjected to torture or dehumanizing acts (Art. 267, Revised Penal Code); 16. Robbery with Homicide (Art. 294, Revised Penal Code); 17. Rape, with a deadly weapon, or by two or more persons (R.A. 8353); 18. Rape, where the victim has become insane (R.A. 8353); 19. Attempted rape and homicide (R.A. 8353); 20. Maintenance of den, dive, or resort for prohibited drug users, where regulated drugs are in quantities specified is Section 20 of R.A. 6425 (Sec. 5, R.A. 6425); 21. Maintenance of den, dive, or resort for prohibited drug users, where regulated drugs are in quantities specified in Section 20 of R.A. 6425 (Sec. 5, R.A. 6425); 22. Government Official and Employees and Officers and Members of Police Agencies and Armed Forces; planting of Evidence, for violation of Section 5 and 8 of R.A. 6425 (Sec. 24, R.A. 6425); The penalty of reclusion temporal to qualified reclusion perpetua shall be imposed for the following crimes: 1. Treason, by a Filipino or by an alien residing in the Philippines (Art. 114, Revised Penal Code) and 2. Illegal possession or use of prohibited drugs (Sec. 8, R.A. 6425). The penalty of reclusion temporal in its maximum period to qualified reclusion perpetua shall be imposed for the crime of destructive arson (Art. 320, Revised Penal Code). The penalties of all other crimes and offenses currently covered by the death penalty, but not listed above, shall revert to their penalties before the enactment of the death penalty law. When a mistake as to guilt has been made and the death penalty is imposed, the mistake is uncorrectable. With qualified reclusion perpetua, there is no chance of any innocent person dying.
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