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ECHEGARAY
February 7, 1997 | Per Curiam | Penalties that may be imposed - Death Penalty
- RA 7659 and RPC (on aggravating circumstances). - Death penalty is imposed because the heinous
may be construed in pari materia, crimes have so deeply dehumanized a person or the
(1) Death penalty may be imposed when aggravating criminal acts have severely destructive effects on the
circumstances attend the commission of the crime as to national efforts to lift the abject masses from poverty
make operative the provision of the RPC regarding the (public interest). Their acts have caused irreparable
imposition of the maximum penalty, injury to both the victim and society, and repetition
(2) Other circumstances attend the commission of the of the acts would pose an actual threat to the
crime which characterize it as heinous as contemplated individual and the government, so they must
by RA 7659. permanently be prevented from doing so.
- The Congress, in the interest of justice, order, and rule -Not question of life over death: re. the menaing of life
of law, and the need to rationalize and harmonize the and the rights of the living
penal sanctions for heinous crimes, finds compelling
reasons to impose the death penalty for said crimes (does -Rape defined in People v. Cristobal
not require death penalty to be a deterrent, just need "Rape is the forcible violation of the sexual
compelling reasons involving heinous crimes) intimacy of another person. It does injury to
justice and charity. Rape deeply wounds the
ISSUE #3: WON the death penalty imposed in rape is respect, freedom, and physical and moral
violative of the constitutional proscription against integrity to which every person has a
cruel, degrading or inhuman punishment? - NO right. It causes grave damage that can mark
a. WON death penalty is per se cruel, the victim for life. It is always an
degrading or inhuman punishment? intrinsically evil act xxx an outrage upon
NO (appellant’s contention, citing decency and dignity that hurts not only the
Furman v. Georgia) victim but the society itself."
b. WON death penalty is cruel,
inhuman or degrading for the crime
of rape mainly because unlike
murder, it does not involve the
taking of life? NO (appellant’s
contention)