LEGALIZATION OF DEATH PENALTY IN THE

PHILIPPINES 2) As of December 31, 1999, based on the statistics

compiled by the Episcopal Commission on Prisoner
The death penalty in the Philippines was first abolished Welfare of the Catholic Bishops Conference of the
in 1987, making the Philippines the first country in Asia Philippines, there were a total of 936 convicts interned at
to terminate death penalty. Yet, in less than a year, with the National Bilibid Prisons and another 23 detained at
the promulgation of a new Constitution after the ouster the Correctional Institute for Women. Of these figures,
of the Marcos dictatorship, the military establishment six are minors and 12 are foreigners.
lobbied for its imposition to combat the alleged
intensifying offensives of the Communist Party of the 3) A review of death-penalty cases made by the Supreme
Philippines/New People’s Army guerillas. Court from 1995 to 1999 indicated that two out of every
three death sentences handed down by the local courts
In mid-1987, a bill to reinstate the death penalty was were found to be erroneous by the Supreme Court. Out
submitted to Congress, citing recent right-wing coup of the 959 inmates the SC reviewed, 175 cases were
attempts as example of the alarming deterioration of reviewed from 1995 to 1999; three cases were reviewed
peace and order. In 1988, the House of Representatives in 1995, eight in 1996, eight in 1997, 38 in 1998 and 118
passed the bill that was being promoted as a in 1999. Of the 175 cases, the SC affirmed with finality
counterinsurgency bill. When an ex-military officer, and first affirmation only 31 percent or 54 cases
Gen. Fidel Ramos, was elected president in 1992, involving 60 inmates. Of these cases, 24 were affirmed
Republic Act 7659 restoring the death penalty was with finality, while the remaining 36 were given first
signed into law. Political offenses, such as rebellion, affirmation. Sixty-nine percent or 121 cases were either
were dropped from the bill; however, the list of crimes modified, acquitted or remanded for retrial.
was expanded to include economic offenses such as
smuggling and bribery. In 1996, RA 8177 was approved, 4) A study prepared by the Free Legal Assistance Group
stipulating lethal injection as the method of execution. (FLAG) on the results of the review of cases done by the
Six years after its reimposition, the number of death- Supreme Court “point all too clearly to the
penalty convicts increased—indicating that the death imperfections, weaknesses and problems of the
penalty is not a deterrent to criminality. Certain studies Philippine justice system.” Some decisions of the trial
cite statistics indicating that there are no signs that courts were overturned for imposing death penalty on
criminality has gone down with the reimposition of the offenses that were not subject to death penalty. Other
death penalty (http://www.phlsol.nl/AOOa/Pahra-death- decisions of the lower courts were set aside because of
penalty-maroo.htm): substantive and procedural errors during arraignment
and trial. Still others were struck down because the
1) From 1994 to 1995 the number of persons on death lower court misappreciated evidences.
row increased from 12 to 104. From 1995 to 1996 it
increased to 182. In 1997 the number of death convicts 5) Data from the Catholic Bishops Conference of the
was at 520, and in 1998 the number of inmates in death Philippines showed that in 1998 more than half of the
row was at 781. As of November 1999 there were a total convicts earned less than the government-mandated
of 956 death convicts at the National Bilibid Prisons and minimum wage. In a survey conducted among 425
at the Correctional Institute for Women. convicts in 1998, 105 or 24.7 percent were agricultural
workers, 103 were construction workers, 73 were Harry Roque) in a recent CNN debate indicated a “Yes”
transport workers, and 42 were workers in sales and vote for the restoration of death penalty.
services. Only 6 percent finished college, while 32.4
percent finished various levels of high school, while the Is death penalty the antidote to crime? Will criminals be
remaining convicts did not go to school or have finished afraid to commit a crime if they see that the government
only elementary or vocational education. is determined to execute them? Oppositors have cited
several studies debunking the deterrence theory.
On June 24, 2006, then-President Gloria Macapagal-
Arroyo, apparently giving in to the call of the Catholic I agree! What would prevent people from committing
Church, signed into law RA 9346, “An Act Prohibiting crimes is the certainty of apprehension, speedy
the Imposition of Death Penalty in the Philippines.” All prosecution and, if warranted, conviction. At present,
crimes punishable by death were commuted to life severe imperfections in our justice system, where justice
imprisonment (reclusion perpetua). can be bought, could likely result in a situation where
the innocent, who cannot afford the services of adequate
Mayor Rodrigo Duterte, then candidate for president, legal counsel due to poverty, might be executed. I prefer
said in one of the presidential debates that he wants a discussion on the “pros” and “cons” of reinstituting the
capital punishment for criminals involved in illegal death penalty—rather than a debate on lowering the age
drugs, gun-for-hire syndicates and those who commit of criminal liability to 12. I shudder at the thought that
“heinous crimes,” such as rape, robbery or car theft our children could be “death eligible” if the death
where the victim is murdered. He vowed “to litter penalty were imposed!
Manila Bay with the bodies of criminals.” Sen. Grace
Poe then also stated that the capital punishment should In the midst of a strong outcry from citizens who want
apply to criminals convicted of drugs and multiple the government to stop criminality, let the response be
crimes where involved people can no longer be genuine, effective and equitable reforms in our Criminal
rehabilitated. Justice System. The Five Pillars of the Criminal Justice
System—(1) The Community, (2) The Law
Following the election of Mayor Duterte as president, a Enforcement, (3) The Prosecution, (4) The Courts and
bill to reinstate capital punishment for certain heinous (5) Corrections —should function like a chain of links.
offenses was swiftly reported out of the Justice A weakness in any of these links breaks the chain,
Committee into the full House of Representatives in resulting in a breakdown of the system, inordinate delays
February 2017. The death penalty bill died in the Senate. in the proceedings, acquittal of the guilty and conviction
of the innocent.
The recent surge in heinous crimes—terrorist bombings,
drug trafficking, plunder, rape, murders, extrajudicial But the biggest problem would be, in my view, a people
killings, smuggling, kidnaping for ransom, gun for hire that have become cynical, indifferent, callous, frustrated,
—has opened the discussion on reinstating the death hardened and uncaring. This is one of the bigger
penalty. Tabloids, which widely publicize horrific challenges facing this government.
crimes in the front pages, reinforce public fears that
……….
lawlessness and criminality have reached unprecedented Death Penalty needs to be implemented in the Philippines.
levels. Certain senatorial candidates (e.g., Raffy Alunan, And here are the advantages.
 innocent. Because they were only sent to jail and not
It deters bad people to commit heinous crimes. sentenced to death their sentence can be reversed. A death
One reason supporters of the capital punishment are for death penalty is irreversible. The jury is also a factor in determining
penalty is its effectiveness as a crime deterrent. According to penalty.
the advocates for death sentencing, potential criminals will be
scared to suffer such harsh punishment and as a result, they Several times the same crimes are committed and different
will be hesitant to commit crimes like rape and murder sentences are given out. A black man may receive the death
penalty while a white man can get imprisonment. “In Canada,
It is what hardened criminals deserve. before the death penalty was abolished, native Indians,
Some of the crimes that are under capital punishment include Ukrainians, and French Canadians were more likely to be
murder and rape, depending on the country or state legalizing executed than others.”(141) A jury who consists of those who
the practice. For pro-death penalty, there are criminals who are believe in the death penalty is more likely to vote guilty while
repeat offenders and not scared to rape and murder again, one opposed may vote innocent. They do not want to be held
knowing they will only be imprisoned. responsible for the death of someone, innocent or guilty.

It reduces the number of committed crimes. The death penalty is unjust and morally wrong. When
People who are for death penalty posit that without it, the someone murders someone else, the correct punishment is not
number of major crimes like murder and homicide will to murder him or her, but to try and help them. We don’t steal
escalate since bad elements will not be afraid to do whatever from the thieves, or rape the rapists. “It would be degrading to
they want., from dealing drugs to killing other people. Without the penal authorities. It would appear to condone the crime by
harsh punishments for their offenses, criminals will be taking repeating it. It would be a wanton cruelty.” (140) Why do we
advantage of weaker people and victims. murder the murderers? The death penalty takes focus away
from the victims and focuses the attention on the criminal.
MOST IMPORTANTLY
These are just some of the reasons the death penalty should be
The government need not spend for criminals who are removed. There are of course many more. With the chance of
murderers and such. being innocent, unjust, corrupt, what of the death penalty can
Death penalty costs the government less compared to the costs be justified? I am strongly against the death penalty and what
of life imprisonment because they will be given the expenses it stands for.
of food, health care and other costs that will sustain their lives.
Some critics says that spending for people who committed *All quotations are taken from “Debating the Death Penalty”
such heinous crimes is impractical and just a waste of by D. Matas and A. Allentuck, contained in “Between the
taxpayers’ Lines 11”.
-------------------------------------------------------------------------
Personally, we really care about the status of the Philippines SAME SEX MARRIAGE
especially the Filipinos' status of way of living. We don't want
crimes anymore and we believe that this is the only way to MANILA, Philippines – Is the same-sex marriage
change the corrupted country. petition pending before the Supreme Court flawed or are
the justices just not ready for marriage equality?
If this would be implemented, then we promise you all of
these advantages to be fulfilled and a change in the budget for The petition filed by young lawyer Jesus Falcis III was
the government for other sectors.
scrutinized last June 19 during oral arguments,
------------------------------
especially by Associate Justices Lucas Bersamin and
The death penalty is a sentence that should be abolished.
Should we do to the criminal as they did to the victim? Is there
Francis Jardeleza for its supposed procedural flaws.
a chance that the accused is innocent? What can be done since
the sentence is irreversible? These are some of the issues with For University of the Philippines (UP) constitutional law
the death penalty. professor Dan Gatmaytan, Falcis’ petition stands on
solid ground which should convince the Supreme Court
My first issue is that the justice system is never 100% correct. to let go of the procedural questions.
“Judges and juries can convict the innocent, as we know from
the case of Donald Marshall, jailed for more than a decade for “The fact is, the arguments are already there. All Falcis
a murder he did not commit.”(143). Most crimes end up with
needs to do is get them through the door, and then they
criminals serving jail time. Sometimes people turn up
will be forced to deal with the issue and I don't think [the
justices] are prepared to deal with the issue. That’s why
they put a lot of emphasis on the procedural aspects,” The Supreme Court said in earlier rulings that "the
Gatmaytan said in an interview with Rappler. (READ: judicial hierarchy of courts is not an iron-clad rule" and
Your guide to the Supreme Court oral arguments on that "a direct invocation of the Court's original
same-sex marriage) jurisdiction may be allowed where exceptional and
compelling circumstances justify" it.
Procedural flaws
Equal protection of laws
There are 3 pertinent procedural questions which were
hammered by Jardeleza during the oral arguments. Gatmaytan believes that Falcis’ petition legitimately
raises the legal question of whether the Family Code is
Does Falcis have legal standing? unconstitutional for violating equal protection of laws.
Is it proper to go to the Supreme Court and not
Congress? Section 1, Article III of the Constitution: No person shall
Is it proper to go to the Supreme Court directly without be deprived of life, liberty, or property without due
taking it up in the lower courts first? process of law, nor shall any person be denied the equal
Falcis is a single gay man who has not applied for a protection of the laws.
marriage license yet. This does not give him legal
standing to file the petition, said both Jardeleza and the In legal principles, however, the right to equal protection
Office of the Solicitor General. of laws is not absolute. There are limitations. Equal
protection of laws cannot be invoked if 4 conditions are
According to Gatmaytan, Falcis’ theory is that he does present, of which two are relevant to same-sex marriage
not need apply for a marriage license because the very arguments:
definition of marriage in the Family Code already harms
him as a gay man. If there is a substantial distinction that is established in a
case
The Family Code’s provisions limiting marriage to only If the classification is germane (or relevant) to the
a man and a woman, according to Falcis, already rob purposes of law
him of the option that single straight people enjoy, and This is why there are laws that are biased for children,
therefore violate his right to equal protection of laws. for example. Because there is a substantial distinction
between a child and an adult, equal protection of laws
Still, Falcis was able to get a married gay couple, and does not apply. There are rights specific to a child that
one half of a married lesbian couple, to intervene in the adults do not enjoy and these are not violative of the
petition. Gatmaytan said the interventions should have Constitution.
cured the legal standing flaws.
In same-sex marriage, Falcis said a "substantial
“And that's why my conclusion is that [the justices] were distinction" condition does not exist because same-sex
trying to find a reason not to decide the case,” couples should not be treated differently than straight
Gatmaytan said. couples.

Jardeleza also lectured Falcis on the principle of Solicitor General Jose Calida cited the second condition
hierarchy of courts, pointing out that the landmark US to justify the non-application of equal protection of laws.
Supreme Court decision legalizing same-sex marriage Calida said that procreation between a man and a woman
was a culmination of decades of fighting it out in the is "germane" or relevant to the purpose of the Family
lower courts. Code.

Gatmaytan said hierarchy of courts is not absolute, and Falcis and Gatmaytan both pointed out, however, that
that the rule is sometimes waived in cases of “significant straight couples who are unable to procreate are still
national interest”. allowed to marry.
 80% of our beloved country, the Philippines is composed of
“You see that's the only thing that they can use. Because Catholics. It has been our tradition to follow the law of the
in every academic discussion you have, you end up government which is the Civil Code that a woman is only
asking questions like, so if you are barren, they cannot allowed to marry the opposite sex. We are in the 21st century
already where we can freely express ourselves and our
allow you to get married? You know the weakness of
feelings as long as we are not hurting anybody. Same sex
that argument," Gatmaytan said.
marriage has been a hot issue since then, but the Catholic
Church is holding their stand against it. In the United States,
SAME-SEX MARRIAGE. Lawyer Jesus Falcis III waits people are free to show who they really are. This petition to
before the start of Supreme Court oral arguments on approve the legalization of same sex marriage in the
same sex marriage on June 19, 2018. Photo by LeAnne Philippines promotes that no matter what race and age, we are
Jazul/Rappler all humans who have the right to get the happiness and
contentment that we deserve especially with our lifetime
Transcendental importance partners. According to researches, same sex marriage reduces
the amount of annulment and divorce cases and increases the
chance of the children in different orphanages to be adopted
In the interpellation of Associate Justice Marvic Leonen,
and grow up with a family. We already need to open our
he asked Falcis what the urgency is in legalizing same-
minds to the current situation of our world today. Even some
sex marriage when other laws could be amended first Church leaders are in favor of same sex marriage. Let's put
and give certain civil rights to same-sex couples anyway. ourselves in the shoes of other people, especially our
LGBTQA (Lesbian, Gay, Bisexual, Transgender, Queer
In legal principles, this is called the "transcendental and/or Questioning, Asexual) community. Life is short and
importance" doctrine, which, in some cases, would even happiness is something that each one of us should keep in our
cure a problematic legal standing. hearts, so let people choose their path in life and spend their
lives with the person that they truly love. Love is love
“If we understand the value of marriage, and how regardless of its gender.
important it is to a human being, then those people who
THE RICE TARRIFICATION LAW
are deprived of that right can explain why it's an issue of
great legal significance,” Gatmaytan said.
With the Rice Tariffication Bill (Senate Bill No. 1998)
recently enacted into law by President Rodrigo Duterte,
Gatmaytan added: ”Falcis could have stressed the impact
as confirmed by Presidential Spokesperson Salvador
of the Court's potential ruling on a significant number of
Panelo, the rice economy and its local farmers are
the population. He could have provided statistics.”
expected to be affected, for better or worse, and they’re
bracing for the impact.
Gatmaytan said this all boils down to the readiness of
justices to even entertain the idea of same-sex marriage.
Here’s everything you need to know about the Rice
Gatmaytan agrees that the petition certainly comes with
Tariffication Law or Republic Act 11203.
risks, but nothing that will permanently damage the
cause.
When was it signed? Duterte signed the bill into law on
Feb. 15, according to the Official Gazette, and the law
“If it turns out later on that there's a problem, then that
will take effect on Mar. 5, according to the Department
can be cured either by legislation or more cases. But I
of Finance. The law’s implementing rules and
don't think you should stop yourself from ruling on an
regulations will be enacted on Mar. 3.
issue [based on that],”Gatmaytan said. (READ: SC's De
Castro: Same-sex marriage will complicate gender
Why was it signed? Since October 2018, Duterte
specific laws)
declared the issue as “urgent” due to price hikes that
caused rice to hit P70 per kilo last year. Finance
He added: “If this works, Falcis is going to be a hero, if
Assistant Secretary Tony Lambino predicts that the law
it doesn’t work, he’s going to be the most hated person
will cut rice prices by P7 per kilo. Bangko Sentral ng
in the LGBT community. But do I think the petition is a
Pilipinas projects that this will also cut inflation by 0.6
waste of time? No. It’s a bold first step."
percent.
 concurs, “With the expiration of the quantitative
What does Duterte have to say? There is a need “to restriction on rice importation, this is a very important
address the urgent need to improve availability of rice in piece of legislation, which will help our farmers improve
the country, to prevent artificial rice shortage, reduce the their profitability and competitiveness.”
prices of rice in the market, and curtail the prevalence of
corruption and cartel domination in the rice industry.” Also in favor of competition, Panelo insists the
liberalization of the rice market will promote production.
What will the law do? The law essentially allows for the “Well, ‘pag ni-liberalize mo naman eh magkakaroon ng
liberalization of rice imports. It will remove the competition in the market. So magpapababaan sila ng
previously placed quota on rice imports, permitting presyo, otherwise hindi sila mabibili, hindi ba? Kaya
traders to import a near-unlimited quantity of rice. nga—law of supply and demand iyan eh,” he said.

How will it work? In the basic rules of economy, the law What do the farmers have to say? Kilusan ng
of supply and demand will dictate market prices. By Magbubukid ng Pilipinas considers the law as a “death
allowing more competitors to enter the rice market, the warrant” to the local rice industry as it would open the
law will lower the price of rice by increasing supply. floodgates to foreign industries that would overpower or
“wipe out” local rice farmers. KMP estimates that
How much are the tariffs? Thirty-five percent from the 500,000 of a total of 2.4 million rice farmers will be
Association of Southeast Asian Nations (ASEAN); 40 negatively impacted by the law. The organization states
percent from non-ASEAN countries if imports are below that only through investing and boosting local
350,000 metric tons; and 180 percent if imports are from production will the Philippines achieve stable rice prices
non-ASEAN countries and above 350,000 metric tons. and supply.

Where will the tariffs go? The taxes will go to a Rice What does NFA have to say? With restrictions removed,
Competitiveness Enhancement Fund (RCEF), which will NFA will lose its power and functions in rice
allocate the revenue to programs for mass irrigation, rice importation. Their role will now be limited to
storage, and research initiatives. maintaining a buffer stock of rice for emergency
situations. They will not be permitted to manage the
Who will it impact? Local farmers are expected to be licensing of importers and traders. Some 400 NFA
impacted the most as the removal of quantitative employees are expected to be laid off as the law will also
restrictions will pit them against foreign competitors. move NFA under the Department of Agriculture.
The National Food Authority (NFA) will also be directly
affected as the law will remove various functions from What does this mean for the agriculture industry now?
their role in food importation and distribution. Now that it has been rendered a law, expect the
aftermath of its implementation to come in the following
How will local farmers be compensated? The RCEF is months. Local farmers will be affected by the
expected to allocate P10 billion annually to the support introduction of more foreign competitors and how they
of Filipino rice farmers over a six-year period. This will fare in the face of that competition will depend on the
be done through the following fund allocations: 50 RCEF that the law has put into place.
percent on rice farm machinery and equipment, rice
cooperatives, and local government units; 30 percent on
rice seed development, propagation, and promotion; 10
percent on rice credit assistance; and 10 percent to rice
extension services.

Is it a good move in the long run? Technically, it will

prevent price hikes in the future as competition is a
healthy component for the economy. Senate Committee
on Agriculture and Food Chairperson Cynthia Villar
 PHILIPPINES: Extrajudicial killings and attacks (FADC), were gunned down in Davao City on
against human rights defenders surge under Duterte September 2, 2017.

Paris-Geneva, September 8, 2017 - Authorities in the In addition to extrajudicial killings, human rights
Philippines must ensure greater protection of human defenders operating in the Philippines continue to be the
rights defenders amid a recent surge of killings and target of harassment, death threats, and verbal abuse. On
attacks against them, the Observatory for the Protection August 22, police raided the houses of peasant activists
of Human Rights Defenders (FIDH-OMCT) said today. Mr. Rolando Gumban, his son Jeremy Gumban, and son-
in-law Jun Roy Diane - all members of farmers group
Pamanggas-KMP, which works to promote land rights in
In recent days, at least four representatives from Sitio Lubigan, Barangay Pananawan, Masbate Province.
different communities, - peasant and small-scale miner Police arrested the three and detained them at Sara police
groups - have been shot dead. More than 50 human station, Iloilo Province. The charges against them are
rights defenders - mostly peasants or indigenous persons still unknown. In July and August, several members of
- have been killed since President Duterte assumed Karapatan, including Secretary Generals Ms. Cristina
office in June 2016, according to human rights NGO Palabay and Mr. Reylan Vergara, received death threats.
Karapatan (a member of OMCT’s SOS-Torture On August 20, 2017, Dr. Darby Santiago, Chairperson of
Network). Karapatan has documented the killing of more the Health Alliance for Democracy (HEAD) - a member
than 660 human rights defenders in the last 16 years in organisation of Karapatan, also received death threats.
the Philippines.

A fact-finding mission to the Philippines, carried out by

“While human rights defenders in the Philippines have the Observatory from August 7 to 16, 2017, observed an
been traditionally vulnerable to killings, threats, and increasingly hostile environment for human rights
attacks [1], President Duterte’s anti-human rights defenders in the country. Interlocutors reported having
rhetoric and blatant disregard for human life have experienced increased difficulties in carrying out their
created a more hostile environment for defenders”, said human rights activities under President Duterte,
FIDH President Dimitris Christopoulos. particularly in relation to investigations surrounding
extrajudicial killings allegedly committed by police and
vigilantes as part of Duterte’s ‘war on drugs’.
President Duterte has repeatedly threatened to kill
human rights defenders. The latest such instance was on
August 16, when he suggested that human rights House Bill 1617, which is currently under consideration
activists were “obstructing justice” and urged police to before the House of Representatives and aims at
“shoot them”. strengthening the protection of human rights defenders,
could help improve the situation for defenders. The draft
legislation reaffirms the rights of human rights defenders
“President Duterte’s Government, like any other
when carrying out their peaceful and legitimate
Philippine Government, has a legal obligation to
activities. It also imposes an obligation on the
protect human rights and human rights defenders. His
Government to take all precautionary measures to ensure
discourse that literally encourages violence against
the protection of human rights defenders against any
defenders - the very people who stand up for human
violence, threats, retaliation, de facto or de jure adverse
rights, social justice, and an inclusive society - must
discrimination, pressure or any other arbitrary action as a
stop”, said OMCT Secretary General Gerald Staberock.
consequence of their legitimate activities.

On August 23, 2017, Mr. Roger Timboco, a member of

The Observatory for the Protection of Human Rights
the peasant group KAMMAO (Kahugpungan sa mga
Defenders (the Observatory) was created in 1997 by
Maguuma sa Maco ComVal), was shot dead in Mawab,
FIDH and the World Organisation Against Torture
Compostela Valley. Four days later, a member of
(OMCT). The objective of this programme is to prevent
“Abante”, a local organisation of small-scale miners,
or remedy situations of repression against human rights
Mr. Lomer Gerodias, was shot dead in Maragusan, also
defenders. FIDH and OMCT are both members of
in Compostela Valley. Both killings were believed to
ProtectDefenders.eu, the European Union Human
have been carried out by Philippine soldiers. Two others,
Rights Defenders Mechanism implemented by
Mr. Jezreel Arrabis and his wife Ms. Dalia Arrabis, both
international civil society.
members of the Farmers Association in Davao City
> The human rights crisis in the Philippines unleashed during police operations from July 1, 2016 to September
since President Rodrigo Duterte took office in June 2016 30, 2018. But this does not include the thousands of
deepened in 2018 as Duterte continued his murderous others killed by unidentified gunmen. According to the
“war on drugs” in the face of mounting international Philippine National Police (PNP), 22,983 such deaths
criticism. since the “war on drugs” began are classified as
“homicides under investigation.”
In March, Duterte announced that the Philippines would
withdraw from the International Criminal Court (ICC) The exact number of fatalities is difficult to ascertain
“effective immediately” in response to the ICC’s move because the government has failed to disclose official
in February to launch a preliminary examination of documents about the “drug war.” It has issued
“drug war” killings to determine whether to open a full- contradictory statistics and, in the case of these
blown investigation. “homicides under investigation,” stopped releasing the
figures altogether.
Duterte sought to silence his critics via various means.
His most prominent critic, Senator Leila de Lima, Masked gunmen taking part in killings appeared to be
remained in detention on politically motivated drug working closely with police, casting doubt on
charges. In May, the Philippine Supreme Court took government claims that most killings have been
unprecedented action to remove Chief Justice Maria committed by vigilantes or rival drug gangs.
Lourdes Sereno, apparent reprisal for her criticism of
Duterte’s “drug war” and other abusive policies. In Duterte has vowed to continue his anti-drug campaign
September, Duterte revoked the amnesty given to until his term ends in 2022. In July 2018, he again
Senator Antonio Trillanes IV, another Duterte critic, by pledged to continue the “war on drugs,” saying “it will
the previous administration for leading mutinies in 2003 be as relentless and chilling as on the day it began.”
and 2007 when he was a naval officer; in October, a
Manila court denied a Department of Justice petition to Duterte has also vowed to protect police officers and
issue a warrant for his arrest. agents carrying out the “drug war” from prosecution.
Except for a few high-profile cases, the killings have not
In November, in a rare triumph of accountability in the been investigated.
Philippines, a Manila court found three police officers
guilty for the murder of 17-year-old Kian delos Santos in Human Rights Defenders
August 2017. The killing, which was caught on Since February 2017, Senator Leila de Lima has been
surveillance camera, sparked outrage against the “drug jailed on politically motivated drug charges filed against
war.” In September, a court in Bulacan province her in apparent retaliation for leading a Senate inquiry
convicted ex-army Maj. Gen. Jovito Palparan and two into the “drug war” killings. Her plight has prompted
other military men for the kidnapping and illegal international expressions of support.
detention of Karen Empeño and Sherlyn Cadapan, two
student activists who were allegedly abducted, raped, In September, Duterte ordered the arrest of a colleague
and tortured by military agents in 2006. The two women of de Lima’s, Senator Antonio Trillanes IV, by revoking
remain missing. his amnesty, forcing him to remain at the Senate
premises for weeks. In October, a Manila court
Extrajudicial Killings dismissed the government’s petition to issue the arrest
The Duterte administration’s “war on drugs” continued warrant against Trillanes. Trillanes has been Duterte’s
in 2018 and expanded into areas outside the capital, most vocal critic since de Lima, accusing the president
Metro Manila, including to the provinces of Bulacan, and his family of corruption.
Laguna, Cavite, and the cities of Cebu and General
Santos. In February, the Department of Justice issued a petition
that labeled more than 600 people—among them
According to the Philippine Drug Enforcement Agency Victoria Tauli-Corpuz, the United Nations special
(PDEA), 4,948 suspected drug users and dealers died rapporteur on the rights of indigenous peoples, and
dozens of leftist activists—as members of the attacks and harassment of Rappler by the Duterte
Communist Party of the Philippines (CPP) and its armed government and its supporters.
wing, the New People’s Army (NPA). That action put
those individuals at risk of extrajudicial execution. New draft regulations by the Philippine House of
Tauli-Corpuz called the allegation “baseless, malicious Representatives in May would allow Congress to ban
and irresponsible.” In August, a Manila court removed reporters who “besmirch” the reputation of lawmakers
her name from the petition. from covering the national legislature. Journalists and
some members of Congress have denounced the
Philippine presidential spokesman Harry Roque alleged proposed rule as dangerously ambiguous and stifling.
in March that “some human rights groups have become
unwitting tools of drug lords to hinder the strides made The killings of journalists continued in 2018, with six
by the administration.” That echoed comments made murdered by unidentified gunmen in different parts of
days prior by Foreign Affairs Secretary Alan Peter the country.
Cayetano equating efforts of some unnamed human
rights organizations to stop Duterte’s murderous “war on HIV Epidemic
drugs” with “being used by drug lords.” The Philippines faces the fastest-growing epidemic of
HIV in Asia. According to the Joint United Nations
Children’s Rights Programme on HIV/AIDS (UNAIDS), the number of
The Philippine Drug Enforcement Agency (PDEA) new HIV cases jumped from 4,400 in 2010 to 12,000 in
announced in June that it was seeking to impose annual 2017, the last year for which data were available. Most
unannounced drug screening tests on teachers and new infections—up to 83 percent—are among men and
schoolchildren starting in the fourth grade. PDEA sought transgender women who have sex with men. There are
to justify the move as an attempt to identify 10-year-old now an estimated 68,000 Filipinos living with HIV.
potential drug users so they “can get intervention while
they are still young.” This increase has been attributed to government policy
failures to respond to the epidemic. Human Rights
Imposing drug testing on schoolchildren when Watch research shows that many sexually active young
Philippine police are summarily killing alleged drug Filipinos have little or no knowledge about the role of
users endangers children should they fail such a drug condoms in preventing sexually transmitted diseases
test. Mandatory testing may also violate children’s right because the government fails to promote condoms
to bodily integrity, constitute arbitrary interference with vigorously, among other factors.
their privacy and dignity, and may deter children from
attending school for reasons unrelated to any potential Human Rights Watch documented that workers and
drug use. employees in the Philippines living with HIV may suffer
workplace discrimination including refusal to hire,
Police have killed dozens of children since the start of unlawful firing, and forced resignation of people with
the “war on drugs” in June 2016, deaths which Duterte HIV. Some employers may also disregard or actively
has dismissed as “collateral damage.” In February, facilitate workplace harassment of employees who are
police arrested three police officers implicated in the HIV positive. In February, Duterte suggested to a group
execution-style summary killing of 17-year-old Kian of returning overseas migrant workers that they avoid
Lloyd delos Santos in August 2017. using condoms because they “aren’t pleasurable.”

Attacks on Journalists In October, the Senate and House of Representatives

The Duterte administration ratcheted up its attack on approved a bill that would amend the country’s 20-year-
media freedom in January 2018 by threatening the old AIDS law. The new law outlines a rights-based
closure of Rappler.com, an online news outlet critical of response to the epidemic and prohibits discrimination
the “war on drugs.” In November, the Department of against people with HIV in the workplace and other
Justice indicted Rappler and its editor and founder, settings. It also makes it unlawful to disclose the HIV
Maria Ressa, for tax evasion. This followed months of status of an individual without their consent. However,
the law does not include specific provisions directing the vehicles to the Philippines National Police despite its
government to promote condom use. role in the “drug war” killings.

Sexual Orientation and Gender Identity The US Congress regularly appropriates assistance to the
The Philippine Supreme Court heard a long-awaited Philippine government, including substantial financing
argument in June that could open the door to same-sex for arms sales as well as funds for law enforcement and
marriage in the overwhelmingly Catholic country. In military training. Law enforcement funding is restricted
May, the city of Mandaluyong approved an ordinance to to drug user treatment projects and marine and
protect the rights of lesbian, gay, bisexual, and international interdiction programs. The US military also
transgender (LGBT) people—the latest in a slew of routinely provides the Philippines military with second-
similar local laws passed across the country. hand military vehicles, ships, and non-lethal equipment.

The House of Representatives unanimously passed a Iceland led a joint statement on behalf of 38 states at the
federal nondiscrimination bill protecting LGBT people June session of the United Nations Human Rights
in September 2017, but opponents have stalled a Council (HRC), building on two previous joint
companion bill in the Senate. Representatives also statements, condemning the extrajudicial killings and
introduced a bill that would create civil partnerships and calling for “a more formal Council initiative” if needed
give same-sex couples rights in adoption, insurance, to hold the Philippines to its obligations as a member of
inheritance, property, and medical decision-making. the Council. It also called for the Philippines to
“cooperate with the international community” to ensure
Key International Actors investigations into these deaths. On October 12, the
In January 2018, the European Commission expressed Philippines was elected to serve a second three-year term
strong concerns about the Philippines’ compliance with on the UN HRC, starting January 2019.
the human rights obligations related to the trade
preferences scheme from which it benefits.
SOGIE BILL
In February, the prosecutor of the International Criminal
Court (ICC) announced that she would open a The past few months have seen a lot of news about the
preliminary examination into the “drug war” killings in LGBT community. There was a Pride March in Ateneo
the Philippines. The Duterte administration responded De Manila and a rather controversial reaction from a
by withdrawing from the Rome Statute, which takes religious group. There was the Metro Manila Pride
effect in one year. In April, the European Parliament March, with thousands of people braving the rains to
adopted a resolution calling on the Philippines to put an celebrate and protest. And everyone had an opinion
end to the drug war and ensure accountability, and on about Gretchen Diez, the transgender woman who was
the EU to use all available mean—including suspending treated harshly by a janitress in a Quezon City mall.
trade benefits if necessary—to persuade the Philippines
to reverse its abusive trend. Because of all of these, there has been a lot of discussion
about solving discrimination against the LGBTQIA,
Asian governments have expressed implicit or explicit through a SOGIE Bill. ICYDK, there are currently three
support for the anti-drug campaign. The Indonesian versions of the SOGIE Bill filed in the Senate, by Sen.
government in February awarded then-Philippine Risa Hontiveros, Sen. Imee Marcos, and Sen. Francis
National Police Director-General Ronald dela Rosa its “Kiko” Pangilinan.
highest honor, the Medal of Honor, for his “rock star-
like inspiration to the Indonesian national police and the Catriona Gray Denounces Discrimination Against Trans
Indonesian people on how to fight the war on drugs.” Woman In QC Mall: 'LGBTQ+ rights are HUMAN
rights'
In May, the South Korean Embassy in Manila and the 4 Months Ago
Korean Police National Agency donated more than 130 What does SOGIE mean?
This is probably the most important question! SOGIE expression. The SOGIE Equality Bill does not provide
stands for Sexual Orientation, Gender Identity and LGBTIQAs with special rights."
Expression. But what do those words mean anyway?
Some people have said that there isn't really a need for a
Sexual Orientation is about to whom you have sexual or SOGIE Bill, since there are many members of the
romantic feelings. You can be heterosexual (attracted to LGBTQIA community who are accepted and successful
the opposite gender); homosexual (attracted to the same in different industries. But according to Atty. Mendoza,
gender); bisexual (attracted to both genders); or "There are also members who live their lives deprived of
pansexual (attracted to all genders). basic rights, such as the right to work, the right to
education, the right to access to health services,
You can even be asexual or ace (you have romantic facilities, and establishments, and others, simply because
feelings towards people but not sexual attraction), or of their sexual orientation and gender identity or
aromantic (you can be sexually attracted to people but expression. Discrimination has been a reality in the lives
you don't have romantic feelings). of LGBTIQAs. While some might not have been
discriminated against, or might not have felt stigmatized,
Gender Identity is about how you identify yourself, it does not negate the lived experiences of others who
regardless of you sexual orientation. You can be male or have."
female, and if you feel that the gender assigned to you at
birth is true to who you are, you are cisgender. Or you Basically, just because you haven't experienced it or
can be transgender, meaning you feel that your real seen it happening, that doesn't mean it doesn't happen at
identity is different from the one assigned to you at birth all! Maybe you should ask the different LGBTQIA
(think Caitlyn Jenner, BB Gandanghari, Angelina Mead people you know if they've ever experienced any
King). discrimination. And don't forget, discrimination has
happened—and still happens!—to cisgender women,
too.
What is the SOGIE Bill?
The SOGIE Bill is basically an anti-discrimination bill. What is covered by the SOGIE Bill?
It recognizes that many people, whether they're With the SOGIE Bill, certain activities can now be
LGBTQIA++ or cisgender, experience discrimination declared discriminatory, and you can actually file
based on their SOGIE. The bill seeks to protect all charges if any person, corporation, or organization
people from this kind of discrimination. commits these acts. These activities include the
promotion of stigma (like if you say HIV cases are
According to Atty. Kristine Mendoza, a lawyer who increasing because of gay men having sex), and denial of
works at the office of Sen. Hontiveros, "The bill aims to access to public service, with special mention of military
prohibit discrimination on the basis of SOGIE, so even service.
the 'straights' are protected by this bill."
As per Atty. Mendoza, it will also be a violation if
Every time equal rights is championed, be it for IPs, there's "differential treatment of an employee, a job
women or PWDs, oppositors are quick to take out the applicant, or any one engaged by virtue of a contract of
“special rights” card. This is dangerous. service" because "companies should hire based on merit
and not based on anyone's SOGIE. To deny the right to
Hindi magkakalaban ang mga karapatan ng mga work based on SOGIE is a clear case of discrimination
marhinalisadong sektor. and is penalized by the bill when it becomes a law."

Who will the SOGIE Bill affect? What else is a violation? "Denial of admission to,
Everybody, actually! Every person has SOGIE, so, as expulsion from, or discipline of a student by an
Atty. Mendoza says, "the bill applies to all. Even cis educational institution," meaning "exclusive boys
heteros have sexual orientation and gender identity or schools should accept trans men and exclusive girls
schools should accept trans women."
 “living will-related” proposal known as Senate Bill No.
If the SOGIE Bill were already a law, the case of 1887 or the Natural Death Act was filed by Senator
Gretchen Diez would be a clear violation already, since Miriam Defensor-Santiago. The bill seeks to recognize
this a discriminatory act: "Denial of access to the fundamental right of adult persons to decide their
establishments, facilities, utilities, or services." This own health care, including the decision to have life-
means "trans women should be allowed to use female sustaining treatment withheld or withdrawn in instances
bathrooms because they are women. The same goes with of a terminal condition or permanent unconscious
trans men and male bathrooms." condition.

Other examples of violations include: Over the past two decades, an end-of-life policy
unfolded quietly in some parts of the world. In the US,
Refusal or revocation of accreditation, formal the Death With Dignity Act (1994) in Oregon allows
recognition, or registration of any organization, political doctors to write legal prescriptions for terminally ill
party, or institution patients who want to control the time and place of their
Denial of access to medical and health services death. To qualify under the law, the patient should be
Denial of application or revocation of professional fully conscious and able to administer his own overdose.
license In Europe, Belgium is set to be the second country after
Forced medical or psychological examination to The Netherlands to allow terminally ill children over 12
determine and/or alter a person’s SOGIE without his or years old facing unbearable physical suffering and
her consent (This bill requires the approval of the repeatedly makes the request to be officially killed.
appropriate Family Court for minors) Belgium and Switzerland have legalized euthanasia for
Harassment by the police or military many years but only for people over the age of 18. The
Netherlands have legalized euthanasia for adults and
Any person, corporation, or organization found guilty of children over 12 years for the past twelve years.
these acts can be slapped with a fine! And it's no small
amount, as it ranges from P100,000 to P500,000. The Mercy killing or euthanasia was a favorite topic of
court can also sentence the guilty party to imprisonment debate in Philippine law schools during the last fifty
for a minimum of one (1) year but not more than twelve years or so. Now that a bill is with the Senate, among
(12) years, and community service comprising human many questions Filipinos wish to be answered to have an
rights education and exposure to the plight of the in-depth understanding of the subject that will enable
victims. them to make an informed yes or no and why in case of
renewed debates, survey or referendum, are: What is
The bill also has provisions for administrative sanctions euthanasia or mercy killing ? What is the difference
for government officials who refuse to investigate, between voluntary and involuntary mercy killing ? What
prosecute, or act on complaints for violations. is a “living will”? May human life be shortened legally?
Should one kill another in mercy, or is life, however
The SOGIE Bill also mentions programs to promote hard too dear to lose? What is the rule in our jurisdiction
non-discrimination and diversity; Social Protection on mercy killing and assisted suicide? Is the mercy
Programs to protect those who are vulnerable to stigma motive an element of a crime or defense to its existence?
and discrimination on the basis of their SOGIE; and Out of compassion for a suffering patient, must we
diversity programs and policies. It also mandates all legalize euthanasia altogether? Out of compassion for
government agencies to develop and implement SOGIE- the actor, must we mitigate the harshness of formal law
specific gender sensitivity education and information under which euthanasia is treated as deliberate killing?
dissemination.
If an individual has the right to live, does he also have
EUTHANASIA the right to die? If there is a right to privacy, does it
include the right to die? Does the right to decide one’s
Possibly the first in the history of the Congress of the health care include the right to decide to end one’s life?
Philippines, a voluntary euthanasia or mercy killing and Is there a right to kill? Is there a point at which an
incurable illness becomes a living death? If so, is it aregiven the right to choose, if the patient wants to die to
permissible for someone’s life to be deliberately cut off ? end his/her pain, then they can have mercy killing asan
What are the religious, non-religious and medical views option. . Sidney Hook, a philosopher, educator and
about euthanasia? author, is sufferingSecond, is to shorten the period of
the patient’s
When does human life end? What is “brain death”? Is sufferings. Based on the research made by
persistent vegetative state the same as being brain dead? DoctorRobert Pearlman, a Professor in Medicine at the
When is a person legally and medically dead? What is an Departments of Medicine, 69% of the patients are
acceptable legal and medical definition of “terminal feelingweak, tired, and uncomfortable because of many
condition or permanent unconscious condition”? Who medications and 40% feels unbearable pain. According
has the right to make the decision to end life–the patient, to Annette Childs, a psychotherapist, that anticipatory
the spouse, the parents, the doctor/team of doctors or the suffering is the worst kind of anxiety and it includes
courts? Who should “pull the plug?” A black hooded thedepression and anxiety that accompanies fear of death
executioner? and fear of what is believed to be the inevitablesuffering
that comes with end of life. This implies that patients
who are suffering from irredeemablesickness experience
The complex life-and-death problems raised by the this kind of suffering which leads to more emotional
scientific advances in the field of medicine have no instability. And last but not the least is the financial and
simple answers. Intimately involved in the issues besides emotional burdens of the patients. Based from Dr.
physicians and lawyers are theologians, the courts, Pearlman’s research there are 9% of 35 patients are
lawmakers, psychologists, sociologists, ethicists among afraid of being a burden to their families because of
others. Expert advice is needed from many fields on this hospital bills, medicines, and other expenses. Still
culture-of-life vs. emerging end-of-life policy. according to his research, 75% percent of the nurses ina
certain hospital reported that patients who signed
Former Ambassador Amado S. Tolentino Jr. belongs to euthanasia are more afraid of financial expenses thanthe
UP Law ‘63 where his undergraduate thesis was “Is death itself. Considering the fact that Philippines is
there a right to die ? A study of the law on euthanasia” included in the list of the highest poverty incident inthe
published by the Philippine Law Journal at the height of world, many hospital bills and expensive medications
the comatose Karen Ann Quinlan case in the US during are not affordable for the Filipinos with average
the early l970s. He is a governor of the Philippine income. Having it legalized would not help only the
Ambassadors Foundation. patient but also the patient’s families from any
expenses.The Philippines should legalized euthanasia
because this would help patients who are sufferingfrom
SHOULD EUTHANASIA BE LEGALIZED? untreatable diseases. We are living in a secular country
Euthanasia or mercy killing is one of the controversial where no any religion should dictate the
issues in the Philippines today. Euthanasia,by definition, lawsimplemented in our country. We are now living to
is the ending of a very ill person's life in order to release the present, where change is constantly happening; we
them from their sufferings in apainless way. It has been must be opened to more liberated and open ideas and not
legalized in some countries like Netherlands, Belgium, be closed too much by traditions. As the futureleaders,
Colombia, andLuxembourg. This is why Mercy killing we must always think what is good for the people around
should be legalized in the Philippines; individual us.
freedom and rights,shortening of the period of suffering,
and the financial and emotional burdens.The first reason
why Euthanasia should be legalized in the Philippines is
it because it is the
patient’s freedom and rights. In countries where
euthanasia is legalized, doctors won’t advise
for thepatients to do it but rather, ask for options and
signed consent if the patient is willing. Besides, humans