Phl ready for int’l backlash on death penalty revival

MANILA, Philippines - The Philippines is preparing for any possible international backlash if the government decides to reimpose the death penalty, Foreign Affairs Secretary Perfecto Yasay Jr. said yesterday.

Yasay made the statement before lawmakers during his confirmation hearing before the Commission on Appointments (CA) at the Senate.

Yasay was asked for his stand on efforts of the Duterte administration to reimpose the death penalty for heinous crimes.

While there is “a compelling basis to carry out the deterrence of our penal system” against heinous crimes to reinstate the death penalty, Yasay said he was also concerned over its possible adverse effects on the country from the international community.

Yasay pointed out the Philippines is signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which committed the country not to impose capital punishment.

Yasay stated the line of Malacañang officials that the Constitution, as well as “legal requirements” in allowing the reimposition of the death penalty, should take precedence over the country’s treaty obligations.

“But there is our involvement in this convention where if we will reinstate the death penalty, it could result in some negative repercussions where we might be forced out of that situation as member and signatory to that convention,” Yasay said, referring to the ICCPR.

“But this is something that  is way down the road, we are now preparing our response, in the event that Congress is able to come up with a decision on whether or not to reinstate the death penalty,” he said.

Yasay, however, pointed out some countries that are members of the Human Rights Council have the death penalty.

In the Association of Southeast Asian Nations, it is only the Philippines and Cambodia that does not have the death penalty, he said.

Duterte cannot use it

President Duterte made the campaign promise to reimpose the death penalty, most particularly against drug offenders.

His allies led by Speaker Pantaleon Alvarez are rushing to approve the proposal in the House of Representatives.

While Alvarez has committed to have the House approve the death penalty bill, the Senate is not likely to pass it. At least 10 senators are opposed to the return of capital punishment.

House Majority Leader Rodolfo Fariñas said even if Congress passes the bill restoring capital punishment, it is possible Duterte would not be able to use it during the rest of his remaining five years and four months in office.

“That’s possible because of the long gestation period of conviction,” he said.

Fariñas, a lawyer by profession, said the entire process of convicting an offender takes at least four to five years.

He added that such process consists of the investigation of the accused by the police, filing of information in the prosecutor’s office, investigation by the prosecutor, filing of information by the prosecutor with the court, conviction by the court and automatic review by the Court of Appeals and the Supreme Court of a case where the penalty is death.

Fariñas pointed out Duterte would not be able to execute any of the convicts serving time at the New Bilibid Prison if he is able to push his allies in the House and the Senate to enact the death penalty bill. – With Jess Diaz, Delon Porcalla, Marvin Sy, Evelyn Macairan