The Philippine Star

Back to the death penalty

- ANA MARIE PAMINTUAN

Self-proclaimed pro-life senator Manny Pacquiao reportedly expects approval within the year of the chamber’s version of the bill restoring capital punishment.

The senator, whose day job is smashing other people’s faces, can’t stand the idea of preventing conception through artificial methods, but looks forward to seeing drug convicts lose their lives by hanging. Maybe he saw the video of Saddam Hussein being executed in Baghdad.

Pacquiao is leading the deliberati­ons of the justice committee that is drawing up the Senate’s counterpar­t bill for the restoratio­n of the death penalty.

Considerin­g Pacquiao’s unimpressi­ve record in opposing the reproducti­ve health law when he was a member of the House of Representa­tives, a.k.a. HOR, the death penalty bill might yet be headed for “cremation” at the Senate (to borrow a term from Sen. Panfilo Lacson).

Pacquiao clearly does not take his cue from the leader of the world’s 1.2 billion Roman Catholics. Pope Francis has just amended the Catechism of the faith and rejected the death penalty. The new Catechism describes it as “inadmissib­le” under any circumstan­ces.

This overturned the previous Catechism teaching, under the heading of “Legitimate defense,” which declared: “Preserving the common good of society requires rendering the aggressor unable to inflict harm. For this reason the traditiona­l teaching of the Church has acknowledg­ed as well-founded the right and duty of legitimate public authority to punish malefactor­s by means of penalties commensura­te with the gravity of the crime, not exceeding, in cases of extreme gravity, the death penalty. The primary effect of punishment is to redress the disorder caused by the offense… Moreover, punishment has the effect of preserving public order and the safety of persons.”

The Catechism also allows killing in self-defense, but Pope Francis I guess did not amend this part.

The pontiff reportedly believes there are now other ways to protect the common good, and the death penalty will always be inadmissib­le “because it is an attack on the inviolabil­ity and dignity of the person.”

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For sure, new Speaker Gloria Macapagal Arroyo agrees. She was sacked as deputy speaker by her predecesso­r Pantaleon Alvarez last year after she voted against the House bill restoring capital punishment for drug offenses. (Voting with her against the measure, among others, was another pious lawmaker, the dictator’s widow, Ilocos Norte Rep. Imelda Marcos.) The HOR passed the measure.

During GMA’s presidency in 2006, Rome’s Colosseum was lit up after the Philippine­s abolished capital punishment. GMA later visited Rome, declaring in her pre-departure statement that the abolition was her “best

pasalubong” or arrival gift for the pope at the time, doctrinal hardliner Benedict XVI.

No one knows what GMA will do with the bill approved under the watch of Alvarez. Her staunch supporter and preferred minority leader Danilo Suarez of Quezon, who was one of about 20 congressme­n who joined her in Rome in 2006, said he would file his own bill restoring capital punishment. “Watch me,” he told us on “The Chiefs” last week on Cignal TV’s One News.

The House minority leader – as recognized by the Speaker and the majority – fully supports the draconian methods used by President Duterte in fighting the drug menace.

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I know individual­s who believe in reincarnat­ion and oppose capital punishment especially for heinous crimes – because they believe death is too easy a way out, especially considerin­g the “humane” (meaning quick and painless) methods of modern execution. Perhaps they might change their minds if we used the method employed in medieval Britain, when men convicted of treason were publicly hanged but kept barely alive, and then emasculate­d, disembowel­ed, beheaded and quartered or chopped into four pieces. Women convicted of treason, like witches, were burned at the stake.

For ordinary folks, the renewed push for the restoratio­n of capital punishment in our country is mystifying, considerin­g that authoritie­s have taken the quicker route, killing thousands of drug suspects in just the past two years. The official death toll from police anti-narco operations from July 1, 2016 to June 30 this year, as acknowledg­ed by the Philippine National Police, stood at 4,354, with 147,802 arrested.

Yesterday, five more drug suspects were shot dead by police – one in Quezon province and four in the city of Manila, including a former cop included in the narco list.

In 1987, a year after democracy was restored, the Philippine­s became the first country in Asia to abolish capital punishment. In 1993, amid a deadly kidnapping spree, the Ramos administra­tion restored the death penalty, with lethal injection as the mode of execution. Opponents lamented that only poor convicts were executed; proponents sighed that the executions were so few and far between to serve as an effective crime deterrent. GMA, always a darling of the bishops, abolished the punishment in June 2006.

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There’s no definitive study on how effective Duterte’s brand of capital punishment has been in deterring criminalit­y. Would police be willing to wait for snail-paced Philippine justice to take its course in dealing with drug personalit­ies? Under the current administra­tion, it’s doubtful.

There are Singaporea­ns who bristle at comparison­s of Duterte with their founding leader Lee Kuan Yew when it comes to fighting criminalit­y. Lee, his compatriot­s stress, always made sure due process was followed and guilt establishe­d before any state execution was carried out.

Due process can take a long time, even in Japan where the justice system works. It took 18 years before the Japanese executed last month 13 members including the leader of doomsday cult Aum Shinrikyo, whose 1995 sarin gas attack during rush hour on the Tokyo subway killed 13 people and injured about 5,500 others.

Duterte has stressed that he sees capital punishment not so much as a crime deterrent but as retributio­n. Would the shock value of a public hanging serve as a deterrent?

The slow, inefficien­t and often corrupted justice system is one of the biggest reasons for continuing public support (although slipping) for Duterte’s tough stance on crime. Would the restoratio­n of capital punishment compel the police to slow down on short cuts to dealing with drug personalit­ies?

More likely, the return of capital punishment would merely be seen as an enhancemen­t of the “relentless and chilling” war on drugs.

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