Resolution CHR (V) No. AM 2016-078

May 20, 2016

RESOLUTION CHR (V) NO. AM 2016-078

WHEREAS, Art. II, Section 11 of the 1987 Philippine Constitution declares that the State values the dignity of every human person and guarantees full respect for human rights;

WHEREAS, The Commission on Human Rights of the Philippines, pursuant to its constitutional mandate to 'monitor government's compliance of its international treaty obligations on human rights' and its power 'to recommend to Congress effective measures to promote human rights. . .', 1 is strongly opposed to the death penalty and has been consistent in its advocacy for its abolition and against its re-imposition through resolutions and advisories issued since the first Commission; 2

WHEREAS, the death penalty in the Philippines and elsewhere in the world does not act as a deterrent to crime;

WHEREAS, the death penalty is disproportionately applied to vulnerable and marginalized groups;

WHEREAS, Republic Act No. 9346 of June 24, 2006, prohibits the imposition of the death penalty, it provides: '(A)ccordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Section 1 of RA 9346 further states: 'Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.'

NOW, THEREFORE, the Commission RESOLVES to constitute a National Task Force on Anti-Death Penalty, with Commissioner Karen S. Gomez Dumpit as Focal Commissioner and Commissioner Leah C. Tanodra-Armamento and Commissioner Gwendolyn LL Pimentel-Gana as Co-Focal Commissioners, and with representatives from the following offices:

I. Human Rights Protection Office

The Human Rights Protection Office shall be tasked to review and monitor past and future cases involving the imposition of the death penalty. Likewise, the Interim National Preventive Mechanism is tasked to monitor previous death sentence cases that have been reported as not commuted under RA 9346.

II. Human Rights Promotion Office

The Human Rights Promotion Office shall be tasked to raise the awareness of the public about the death penalty through the development, compilation, recording and updating of information and education materials and campaigns that facilitate understanding of human rights-based approaches to criminal justice and restorative justice, and reminding and relearning of the history of the abolition of the death penalty in the Philippines, as well as similar evidence-based advocacy in other countries that unpacks death penalty as a non-deterrent to crime.

III. Human Rights Policy Office

The Human Rights Policy Office shall be tasked to develop advisories, position papers and stakeholders' analyses for both the Senate and Congress, and identify legislators in favor, against or neutral on the issue of death penalty.

IV. Civil Society Organizations

Article 13, Section 15 of the 1987 Philippine Constitution states, "the State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure."

Thus, members of civil society such as human rights groups, non-government organizations, human rights defenders, trade unions, lawyers, social workers, journalists, medical practitioners, and vulnerable or at-risk sectors including women, children, people with disabilities, indigenous peoples and faith-based communities shall be invited to take active roles in the Task Force and the campaign against the death penalty in collaboration with the Commission.

SO RESOLVED.

Done this 20th day of May 2016, Quezon City, Philippines.

(SGD.) JOSE LUIS MARTIN C. GASCONChairperson

(SGD.) KAREN S. GOMEZ DUMPITCommissioner

(SGD.) GWENDOLYN L.L. PIMENTEL-GANACommissioner

(SGD.) LEAH C. TANODRA-ARMAMENTOCommissioner

(SGD.) ROBERTO EUGENIO T. CADIZCommissioner

ATTESTED BY:

(SGD.) MARIA ASUNCION I. MARIANO-MARAVILLACommission Secretary

Footnotes

1. Article XIII, Secs. 18.6 & 18.17, 1987 Constitution of the Republic of the Philippines.

2. Commission on Human Rights of the Philippines, "The Philippine Experience in 'Abolishing' the Death Penalty, January 2007, http://www.chr.gov.ph/MAIN%20PAGES/about%20hr/advisories/pdf_files/abolishing%20death%20penalty.pdf.