In What Cases The Death Penalty Shall Not Be Imposed


ART. 47

Death Penalty Not Imposed In The Following Cases:
1. under age - when the offender is under 18 yrs of age at the
   time of commission.
   Why? - Because minority is always a mitigating circumstance
2. over age - when the person is more than 70 years old at time
   RTC sentenced him
3. no court majority - when upon appeal or automatic review of
   the case by the SC, the vote of eight members is not obtained
   for the imposition of death.

JUSTIFICATION FOR THE DEATH PENALTY: social defense and
exemplarity. Not considered cruel and unusual because it does
not involve torture or lingering death.

CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659)
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery – with Homicide, Rape, Intentional Mutilation, or Arson
9. Rape – with the use of a deadly weapon, or by two or more persons
   - where the victim became insane
   - with Homicide
10. Qualified Rape
11. Destructive Arson
12. Plunder
13. Violation of certain provisions of the Dangerous Drugs Act
14. Carnapping

RA 9346 or “An Act Prohibiting the Imposition of Death Penalty
in the Philippines”
   - expressly repealed RA 8177 or “Act Designating Death by
     Lethal Injection” and RA 7659 or “Death Penalty Law”.

RA 9346 repealed all the other laws imposing death penalty.
   - Section 2 states that: “In lieu of the death penalty,
     the following shall be imposed:
        a. the penalty of reclusion perpetua, when the law
           violated makes use of the nomenclature of the
           penalties of the Revised Penal Code; or
        b. the penalty of life imprisonment, when the law
           violated does not make use of the nomenclature of
           the penalties of the Revised Penal Code.”

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