• Death penalty won’t stop crime, but could reduce ranks of poor


    IN a sense, the propagandists are right:  the Duterte administration will “hit the ground running.” Despite the frail composition of the incoming Cabinet, President-elect Rodrigo Duterte is showing unquestionable resolve in at least two areas–one, in his proposed collaboration with the communists, and two, in his proposed reimposition of the death sentence. In both cases, the implementation appears to precede even his formal assumption of office.

    The announced resumption of peace talks with the Communist Party/New People’s Army/National Democratic Front in Oslo, Norway follows, rather than precedes, the announced decision of the incoming President Duterte to name nominees of the CPP/NPA/NDF to his Cabinet, thereby launching a coalition government with the Left.

    This is an inversion of the correct process. Ideally, the Cabinet appointments should have come only after a comprehensive peace agreement has been concluded between the government and the CPP/NPA/NDF.

    This subject is more elaborately treated in a paper written by former National Security Adviser and Secretary of National Defense Norberto B. Gonzales (The Philippine Road Map to Communism), and appearing on the National Transformation Council Facebook page and the NTC Website.

    Reviving the death sentence

    With respect to the proposed reimposition of the death sentence, Duterte’s announced support for vigilantism has gained strong support from local executives and police chiefs, who have put up bounties on the head of notorious drug trafficking suspects. Duterte’s intended P1 billion bounty for the death of thousands of drug dealers has drawn an immediate response from 20 alleged drug lords, who are reported to have decided to raise a P1 billion kitty for the assassination of Duterte and the new Philippine National Police chief.

    Duterte has drawn enthusiastic support from the incoming members of the new Congress who have abandoned their old sinking ship to board Duterte’s adopted flag carrier, the PDP-Laban, which used to have not more than a handful of members. They are eager to support the reimposition of the death sentence, which the 1987 Constitution has abolished, except for certain heinous crimes which Congress may define for “compelling reasons.”

    The political butterflies are more than eager to pass the needed law, as though it were no more than a city ordinance.

    At the Senate, Sen. Aquilino Pimentel 3rd, who expects to be crowned Senate President despite his being the only PDP member of the Senate, said the death penalty should be in place by October, four months after the first regular session of the 17th Congress opens on July 25. There was no mention of the need for extended debate, so it appears that the decision to reimpose the death sentence could precede the formal proposal for its reinstatement.

    Atienza’s dissent

    Except for Buhay Party-List Rep. Lito Atienza, three times Mayor of Manila and Cabinet member under the Arroyo administration, no incoming member of Congress has expressed any strong misgivings about the proposed reimposition, and the kneejerk reaction to it in the social media and various other places.

    While fully supporting Duterte’s proposed war on crime, Atienza, a pillar of the national pro-life movement, has warned that reimposition of the death sentence would be the wrong solution to crime. His objection is grounded on high moral ground and a wealth of empirical evidence. At least 102 countries have abolished the capital sentence, and among those that still have it in their books, 38 have not carried it out in the last 10 years. This is a trend the world can hardly ignore.

    Weighing in

    I am fundamentally against the capital sentence, and this is not the first time I am compelled to weigh in.

    In 1992, on the first year of my first term in the Senate, seven Senate bills sought to impose the appropriate penalties for certain heinous crimes. All except one proposed the death penalty as the maximum. This was consistent with Article III, Section 19 of the Constitution, which provides: “Excessive fine shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons, involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.”

    When the seven bills were consolidated, the committee in charge chose to scale down the proposed penalty from death to reclusion perpetua. Sen. Jose Lina Jr., the committee chair, asked me to co-sponsor the committee report, and on Nov. 18, 1992, I delivered my sponsorship speech on the floor of the Senate. My speech, “The Death Penalty Will Not Solve Crime,” has since been reproduced in a number of publications, and appears in one of my books of Senate speeches, “Guarding the Public Trust.” I revisited it the other day, and found that none of the premises have changed.

    Against UN accord

    Now, as then, the reimposition of the capital sentence would violate or at least disavow a formal and solemn commitment of the Philippine government when it acceded to the International Covenant on Political and Civil Rights and the Second Optional Protocol on Jan. 23, 1987, which provides: “No one within the jurisdiction of a (signatory) state shall be executed.” And no party to the agreement may do anything to prevent or delay the abolition of the capital sentence.

    What are we now to say to the rest of the world, were we to turn around and do the exact opposite of what we had committed to do under the Covenant and its companion protocol?

    Shall we simply say, “Sorry we did not know what we signed, and we have now changed our mind”? Or shall we say, “there is a general breakdown of law and order, and the restoration of the death penalty is the only way to solve crime”?

    This was what we heard then, and this is what we are hearing again now. What, if any, has changed? Twenty-four years ago I said:

    “Our citizens despair of protection not only from criminals but also from those who are supposed to protect them from criminals. Rightly or wrongly—fairly or unfairly—many among them have learned to believe that they are as much in danger from the police as they are from criminals. Rightly or wrongly—fairly or unfairly –they have come to believe that the justice system does not work; that nobody is ever arrested anywhere anymore; or if that criminals do get arrested, they are never tried; if tried, they are never convicted; if convicted, they are not made to suffer the remorse of living hell but given the privileges of honored guests in a pre-paid inn.

    “That is the heart of the problem. If we miss that, then we miss everything. We end up trying to cure everything except the disease that needs to be cured, or trying to cure one disease with a cure meant for another. This is what the proposal to reimpose capital punishment means.

    “Were the death penalty reinstated today, it would probably be met with cheers from among its proponents. For a while it would satisfy their cry for blood and raise their expectations about the government’s capability to combat crime. But it is the wrong solution and because it is the wrong solution to a serious social problem, it will do no such thing. In the end, it would simply frustrate and enrage the majority when they see that criminals still went unpunished and the increased penalty has not deterred crime.

    Need for reforms

    “The solution to the problem does not lie here. It lies somewhere else. It lies in reform. Reform the police and law-enforcement agencies. Reform the prosecution arm of the government. Reform the judiciary and the legal profession. Reform the prison system. Reform the social and political institutions. Reform the media and the educational system. Reform the society as a whole.

    “Do all these and the state will not need to execute a single criminal to make justice and the law, and the people’s faith in them, live again. Look for the solution elsewhere, and the state will remain powerless to deal with crime, even if the government combined the harshest cruelties of the Mosaic Law, the Code of Hammurabi and King Nebuchadnezzar and decreed the execution of the entire village along with every condemned individual.”

    St. Thomas Aquinas, the greatest philosopher of all time, grants that under certain conditions, the State, in the exercise of its right of self-defense, may execute a criminal.

    The Catechism of the Catholic Church confirms the moral validity of this proposition when the death penalty is the only available means to protect the society from a grave threat to human life; although never when other means more respectful of human life are available to punish criminals and protect society from them. The advance of human civilization has rendered the killing of criminals by the state virtually unnecessary and non-existent.

    The fallible state

    There are grave practical reasons for this too. The State is not infallible, and should be able to correct its mistakes. But the death penalty is irrevocable, irreparable and irreversible once carried out; it can no longer be corrected even after it is shown to have been a mistake—-and there are many instances when the penalty was shown to have been a mistake.

    But does it not at least deter crime?

    This is the biggest and loudest argument behind the proposal. Many seem to believe, to use Arthur Koestler’s words, that legal murder by the state prevents the illegal murder by criminals, “just as the Persians believed that whipping the sea would calm the storm.”

    This, however, is not supported by the evidence. Albert Pierrepoint, the last century’s most famous and longest employed executioner, said before he died that capital punishment never deterred anyone from committing a capital crime.

    Criminals don’t learn

    Koestler records, as does Camus, that at a time when England used to hang pickpockets, other pickpockets worked the crowd that watched the hanging. They usually chose the time when the strangled man was swinging above them to exercise their talents, because they knew that everybody’s eyes were fixed on the wretched creature at the scaffold. Of 250 pickpockets who were hanged, says Camus, 170 had previously attended one or two executions. In 1886, out of 167 condemned men who had gone through the Bristol prison, 164 had witnessed at least one execution.

    Prior to the abolition of capital sentence by the 1987 Constitution, death convicts used to pack the national penitentiary to the brim, while awaiting execution. Among these hundreds, if not thousands, of death convicts, not more than a handful came from well-to-do families; almost all had wretched economic and social backgrounds. Did this mean that only the poor were capable of committing capital crimes?

    By no means. But it means they had no means to hire good lawyers, or to bribe the police, the fiscals and the judges in order to escape arrest, prosecution or punishment. This situation has not changed at all. The poor still lie at the bottom of the criminal justice system. So a revival of the death sentence can only revive that same outrageous situation.

    The death penalty will not solve crime. But if and when the state begins to kill again, it would be killing the poor and only the poor. So while the secretary of central economic planning tries to limit new births to a maximum of three children per family, and the new anti-life and anti-family members of the Senate try to railroad same-sex marriage and other means of population control, capital punishment could be used to drastically reduce the ranks of the poor on the other end. So if it doesn’t work to solve crime, it could probably be justified as an “anti-poverty measure.”



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    1. Daylinda Dagondon on

      Mr. Tatad,

      You, yourself has mentioned that the death penalty in some cases is allowed by the 1987 Constitution, only that Congress at some time has ruled that every punishment be reduced to life imprisonment. I agree that many other things need to be changed such as justice quickly rendered, etc. However if we eat a very big lump of food we could get indigestion. Better a solution at a time. We had the death penalty before Arroyo’s time and our crime situation was not as great as now. If drug lords could put up a price on Duterte’s head then indeed we have a great problem. The Americans had a price on Marwans head. Did we and the Human Rights Commission complain?

      Re the human rights of drug lords and criminals. Some say that the army and police should just shoot them at the foot and bring them to (those very slow) courts of justice and afterwards put them in prisons where they can have TVs, cellphones, and will cook shabu. What if the criminal shoots the police in the heart? Doesn’t the police have a right too?

    2. Been to squatter’s areas. Observed their behavior. Cursed at street children and pedicab drivers and all lowly people in different places. They don’t show any sign of offense no matter how you curse and step all over their human dignity. These are the very same people that commit crimes. A lot of them are damaged, can no longer be reformed and most will just keep on doing illegal activities. This has to stop. A handful of them can still be reformed thru education and programs but the ultimate means to minimize crime is none other than death penalty. It is like purging the rotten out of the basket case and into the trash can. We are building a peaceful and civilized order not a gigantic institution for reforming the “irreformable” and by doing this we avoid risking the safety and security of good and law abiding people.

    3. Death penalty will definitely stop crime. When a person is executed, he cannot commit anymore crimes. There are a lot of criminals that are repeat offenders. I know a criminal that has been in and out of prison a number of times. I really pity the people hurt by these criminals. Nobody can stop them. There is no vigilante in my area. They steal , kill and destroy and they are getting away with it. With Duterte, their days are numbered.

    4. Ignacio Balbutin on

      I fully agree, why give cabinet post when we don’t have formal agreement with the CPP first, there should be an agreement in place before giving important cabinet position to the communist, I don’t think they are pro-poor because they are even exacting taxes from the poor farmers and those who cannot pay, their lives are in danger. And another things is this NPA are planting marijuana, which is in total disregard to the drive against drug of President Duterte. There should be clear agreement and that agreement should include for the NPA to lay down their arms

    5. ferdinand naboye on

      majority of people now look at the rights of the drug lords and the need to respect human rights, Mr. tatad can you also look at the rights of the children destroyed by drug pushers and drug lords. If drug lords are protected by human rights what about the rights of the people destroyed by drugs do they not have the rights to be protected too.

    6. Capital punishment may or may not deter crime but it sure will stop the same person re-offending if and when they are released.

    7. I do not want to be bias but most crimes are committed in the poor areas, squatters. Have you seen a lot of crimes in Forbes Park? Very seldom , right. The nature of crimes is 99 per cent due to poverty. That is why there is not a lot of crime in Japan or in Singapore. In our nation, I will say that 75 percent are below the poverty level I do not care what the data says but I have Ben around Divisoria, Sta Ana, Bohol, Tacloban, Jolo, . You can clearly see people having a hard time just to feed their families. No other choice but to earn money thru crime.

    8. Maria Stevens on

      Drug dealers drug pushers and drug addicts RUIN LIVES..they should all be exterminated.

    9. Mr. Tatad,

      I am not exactly a fan of yours, but this is the best piece you have ever written on this publication.
      You really hit the target on what REALLY are the problems.

    10. This is what Filipinos have to deal with by electing a morally deranged person. He cannot morally govern – let alone decide about death penalty. His moral judgment is corrupt, therefore he is incapable of making any sound judgment. And his cabinet will just toe the line because of personal interest. He will govern by instilling fear in the people. Foreign investors will go somewhere else. I am not sure he’s going to get a sound sleep at all by putting a bounty on the drug lords. Drug Lords bounty is so enticing to anyone – even the cops and military. I would be reluctant to travel – let alone fly in airplane. Easy target for the sake of the bounty.

      • Yellow turds from the student council of abnoy are moving out , a new administration under Duterte is coming in, the Philippine flag will be replacing the yellow ribbon …… lets move on

    11. As always barking at the wrong tree. It is a cycle just like the switch “on” and “off”. Indeed our government past to present is not rational at all! All applications are based on fallacy and wrong premises! No learning at all. What a pity. Between faith and reasoning they choose faith. Most opinion writer using foreign examples that are not applicable to our altruistic style of governance. Is there any objectivist in there? Only a few indeed.

    12. Wala Ng Hiya on

      Let’s give a chance for Duterte to cleanse the present problems within 6 months to one year. With the daily headlines of Chinese drug lords and the AbuSayaf group committing murders and other crimes, I hope newspaper headlines will show the Chinese drug lords and pushers behind bars, convicted and hanged to death under Duterte. The present administration just keep mum or a mere comdemnation of the AbuSayaf killers and Chinese drug lords but they are not doing anything about it. The press like Tiglao, never mentioned of anything against Duterte for fear of being a beneficiary of the stolen wealth of Binay. Tiglao can only harassed through his columns the quiet administration but scared of Duterte. Tiglao looks like one of the corrupt newsmen deriving money from Binay.