The opposition to the measure is still there. But with the new composition of the Senate, the leadership of the chamber believes the proposal to restore the death penalty can “squeak” through the 18th Congress.
In the previous Congress, the measure had hurdled the House of Representatives. The current super majority in the chamber is expected to do the same, especially after the revival of capital punishment topped the legislative priorities mentioned by President Duterte in his fourth State of the Nation Address last Monday.
It’s the Senate that has always blocked the reimposition of the death penalty. With the current Senate membership, however, it looks like the measure is certain of approval, although there could be resistance from lawmakers to the inclusion of plunder among the offenses that will warrant state execution.
For ordinary citizens, the inclusion of plunder might in fact make the return of capital punishment more acceptable. Those accused of plunder are typically politicians and other government officials who handle public funds and projects involving at least P50 million – the threshold amount for corruption to become the more serious offense of plunder. A major criticism of the death penalty is that it puts indigent defendants at a disadvantage, because they cannot afford the best lawyers who can protect them from erroneous judicial determination of guilt.
There’s also the question on the deterrent impact of capital punishment. If the drug menace persists, as President Duterte himself has declared, after nearly 6,000 people have been killed in the brutal war on drugs, will state executions work any better?
If Congress pushes through with the restoration of the death penalty, there should be accompanying measures – and not just on the part of the legislature – to improve the administration of justice.
The weakness of the Philippine judicial system contributes to public support for short cuts to law enforcement and the election of Dirty Harry types to public office. With the inefficiency and corruption plaguing the criminal judicial system, every effort must be made to ensure that if ever capital punishment is restored, there will be minimal risk of a miscarriage of justice.