On Argumentation

I read this commentary on today's issue of the Philippine Daily Inquirer and I just had to laugh. Hard. The arguments that this person had to say about death penalty were that ridiculous, I couldn't believe that he was a former justice of the Sandiganbayan. Read it, and I hope I need not explain to you how exactly almost everything he said was patently absurd as arguments supporting the death penalty.

Reflections on the death penalty abolition

By Manuel R. Pamaran
Inquirer
Last updated 02:06am (Mla time) 07/02/2006

Published on Page A11 of the July 2, 2006 issue of the Philippine Daily Inquirer

WITHOUT much debate and public hearing, Congress passed the bill abolishing the death penalty and the President signed it into law. In these times when heinous crimes imperil the daily lives of peaceful citizens, and unabated graft and corruption hinders the country’s economic growth, the justifications for the abolition are flimsy.

Among the main reasons given for the abolition of the death penalty are: (1) it is not an effective deterrent to crimes; (2) human life is God-given, therefore, it must be respected and only God has the right to take it; (3) a death sentence that has been executed can no longer be remedied; and (4) it deprives a convict the opportunity to reform.

On the first reason, let it be stressed that the death penalty was re-imposed by Republic Act 7659 only on Jan. 1, 1994. Since then, not more than 10 convicts have been executed despite the fact that there are more than a thousand death convicts. Besides, most of the death sentences have been commuted to life imprisonment, if not indefinitely suspended. In short, there had been no real implementation of the death penalty law; therefore, there is not enough basis to say whether or not the death penalty is an effective deterrent to crimes.

To be an effective deterrent, the “threat” of death penalty should be complemented with the efficient and speedy administration of justice in the arrest, investigation and trial of the accused. Without this complement, death penalty would be a lonely scarecrow. Worse, in the absence of both—death penalty and efficient, speedy justice—our country will not be a wholesome place to live in.

On the second issue, the purpose of the death penalty is to uphold the sanctity of life. The taking of human life is justified by necessity under certain circumstances. One such situation is “self-defense.” Another is the defense of the person or right of one’s wife, ascendants, brothers and sisters, or relatives by affinity in the same degree, and those by consanguinity within the fourth civil degree; and of the person or right of a stranger under circumstances analogous to self-defense. (Art. 11, Par. 1, Revised Penal Code)
Under the law, the author thereof is freed from any and all liability, it being understood that had he not done the act, he or the person he defended would have been killed.

If under such circumstances -- where at stake is only the life of the person defending or being defended -- killing is justified, the more reason that the State is justified to take human life in defense of thousands of other lives and of the community itself. This, undoubtedly, gives greater meaning to the sacredness of human life.

Viewed from another angle, the abolition of the death penalty seriously sets back our fight against graft and corruption, especially against plunder which is punishable by death. It puts in serious doubt our thrusts toward and avowals for a clean and honest government.

As to the third issue, it is unlikely that someone innocent could be a “victim of execution.” The victim of a crime or his heir -- knowing that accusing an innocent person will set free the real wrongdoer and, therefore, he will not get justice -- will in all likelihood see to it that he accuses only the person who has wronged him. This is human nature and is not debatable.

Moreover, our judicial system practically reduces to zero any error of judgment: A criminal complaint is first filed with the police officer who conducts an investigation to determine if there is a reasonable ground to charge the suspect. If such ground is found to exist, the case is forwarded to the prosecutor who in turn conducts a preliminary investigation to determine if there is probable cause showing a crime has been committed and the suspect is probably guilty thereof. In the event of a positive finding, the case is filed with a regional trial court. If the accused is convicted and sentenced to death, his case is reviewed by the Court of Appeals and if affirmed, it goes up to the Supreme Court for automatic review. The votes of at least eight of the 15 justices are needed to affirm a death sentence. All these proceedings are done in succession and are adversarial in nature: the accused, assisted by counsel, is given his day in court to confront the witness(es) against him and to present witness(es) in his behalf. If there is even just an iota of doubt about his guilt, he is absolved or acquitted of the crime.

In the event that the death sentence is affirmed by the Supreme Court and becomes final, the accused has still a chance to have his case reviewed, this time by the President who decides whether or not the accused deserves to be granted executive clemency.

Lastly, the claim that the death penalty offers the criminal no room for reform is not accurate. On the contrary, it is the best way to reform criminals. In a limited sense, it may be said that the executed criminal will never have a chance to reform; but from a wider perspective, we can say that reformation occurs when criminals avoid suffering the same fate by not persisting in their evil ways. If they do, they have only themselves to blame if they end up with the death penalty.

Montaigne, a French essayist, once said: “We do not aim to correct the man we hang; we correct and warn others by him.” Voltaire, another French poet, said it another way: “Life resembles the banquet of Damocles; the sword is ever suspended.”

At this point, all I can really do is shake my head.

Again, THIS is a Justice of the Sandiganbayan.