De Lima pushes qualified reclusion perpetua instead of death penalty

Amid the planned re-imposition of the death penalty law by allies of the present administration, opposition Senator Leila De Lima has filed a measure imposing qualified reculsion perpetua on extraordinary heinous crimes, such as drug cases and plunder.

In her Senate Bill No. 187, De Lima wants to mete punishment of life imprisonment on extraordinary heinous crimes instead of the death penalty, which she said has failed to be an effective deterrent against such crimes.

If enacted into law, De Lima’s measure will impose qualified reclusion perpetua on persons found guilty of treason, piracy, murder, infanticide, kidnapping and serious illegal detention, robbery with violence against or intimidation of persons, destructive arson, rape, plunder and violations of Dangerous Drug Act of 2002.

In addition, the measure also covers other extraordinary heinous crimes such as carjacking, human trafficking, acts of violence against women and children, violations of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, torture and terrorism.

Aside from qualified reclusion perpetua or imprisonment of 50 years with no possibility of parole, those guilty of extraordinary heinous crimes will be fined P5 million.

“As the efficacy and morality of the death penalty is questionable at best, there is a need to legislate an alternative punishment against extraordinary heinous crimes,” said De Lima, a staunch advocate of social justice and human rights.

“The penalty of qualified reclusion perpetua and a fine of ?5,000,000.00, will send a clear message that we do not take heinous crimes lightly nor do we condone those who perpetrate them,” she added.

In arguing against the practice of capital punishment, she said the revival of the law will only affect the poor who have no capacity to avail of services of a lawyer to defend themselves in court. That is why it has not proven to be a deterrent to heinous crimes.

De Lima further explained that the proposed re-imposition of the death penalty law at a time when the Philippine justice system is still plagued by perceived corruption and inefficiency could possibly lead to wrongful convictions.

On the other hand, she pointed out, "Legislating commensurate punishment against heinous crime offenders other than death penalty will not only be legal and moral, but also more practical.”

The De Lima measure seeks to amend Section 2 of Republic Act (RA) No. 9346, otherwise known as “An Act Prohibiting the Imposition of Death Penalty in the Philippines.” 

Other measures

De Lima also filed two measures which would introduce comprehensive reforms in the prison and correctional systems.
 
Senate Bill (SB) Nos. 180,  known as “Prison Reform Act of 2019,” a Reception and Diagnostics Center would be created within each penal facility tasked to set up a continuing assessment of inmates during their imprisonment and classify them based on their risks, needs or productivity.

The bill would also establish an Intervention Office tasked to make “intervention programs” available to detainees to help them gain skills that would be helpful in their eventual reintegration back into the community.

SB 181, the “Unified Corrections and Jail Management System Act of 2019,” would meanwhile unify corrections and management system by centralizing the management of all prisons and jails under a single government authority to be called National Commission on Corrections and Jail Management (NCCJM).

In her second batch of priority measures, De Lima will resubmit the Anti-Extrajudicial Killing Bill and the bills amending the Bank Secrecy Law to cover government officials and establishing a Joint Congressional Intelligence Committee (JCIC) to scrutinize the use of intelligence fund. —LBG/DVM, GMA News