HEINOUS

CRIMES
"x x x the crimes punishable by death
under this Act are heinous for being
grievous, odious and hateful offenses and
which, by reason of their inherent or
manifest wickedness, viciousness, atrocity
and perversity are repugnant and
outrageous to the common standards
and norms of decency and morality in a
just, civilized and ordered society."
REPUBLIC ACT NO. 7659
AN ACT TO IMPOSE THE DEATH PENALTY
ON CERTAIN HEINOUS CRIMES, AMENDING
FOR THAT PURPOSE THE REVISED PENAL
LAWS, AS AMENDED, OTHER SPECIAL
PENAL LAWS, AND FOR OTHER PURPOSES


TYPES OF CRIMES UNDER R.A
No. 7659
(1) Crimes penalized by reclusion
perpetua to death; and
(2) Crimes penalized by mandatory
capital punishment upon the
attendance of certain specified
qualifying circumstances

Treason --- Any Filipino citizen
who levies war against the Philippines
or adheres to her enemies giving
them aid or comfort within the
Philippines or elsewhere, shall be
punished by reclusion perpetua to
death and shall pay a fine not to
exceed 100,000 pesos.
Likewise, an alien, residing in
the Philippines, who commits
acts of treason as defined in
paragraph 1 of this Article shall
be punished by reclusion
temporal to death and shall
pay a fine not to exceed
100,000 pesos.
Qualified piracy -- The penalty
of reclusion perpetua to death
shall be imposed upon those
who commit any of the crimes
referred to in the preceding
article, under any of the
following circumstances:
1. Whenever they have seized
a vessel by boarding or firing
upon the same;
2. Whenever the pirates have
abandoned their victims
without means of saving
themselves or;
3. Whenever the crime is
accompanied by murder,
homicide, physical injuries or
rape.

Qualified bribery. "If any public officer is
entrusted with law enforcement and he
refrains from arresting or prosecuting an
offender who has committed a crime
punishable by reclusion perpetua and/or
death in consideration of any offer,
promise, gift or present, he shall suffer the
penalty for the offense which was not
prosecuted. If it is the public officer who
asks or demands such gift or present, he
shall suffer the penalty of death."
Parricide ---- Any person
who shall kill his father,
mother, or child, whether
legitimate of illegitimate, or
any of his ascendants, or
descendants, or his spouse,
shall be guilty of parricide
and shall be punished by
the penalty of reclusion
perpetua to death.
Murder ------ Any person who, not
falling within the provisions of Article
246 shall kill another, shall be guilty of
murder and shall be punished by
reclusion perpetua, to death if
committed with any of the following
attendant circumstances:
1. With treachery, taking
advantage of superior strength,
with the aid of armed men, or
employing means to weaken
the defense or of means or
persons to insure or afford
impunity.
2. In consideration of a price,
reward or promise.

3. By means of inundation, fire,
poison, explosion, shipwreck,
stranding of a vessel,
derailment or assault upon a
railroad, fall of an airship, or by
means of motor vehicles, or
with the use of any other
means involving great waste
and ruin.

4. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a
volcano, destructive cyclone,
epidemic or other public
calamity

5. With evident premeditation.
6. With cruelty, by deliberately
and inhumanly augmenting the
suffering of the victim, or
outraging or scoffing at his
person or corpse.

Infanticide ----- The penalty
provided for parricide in Article
246 and for murder in Article
248 shall be imposed upon any
person who shall kill any child
less than three days of age.
Kidnapping and serious illegal
detention--- if attended by any
of the following four
circumstances: (a) the victim
was detained for more than
three days; (b) it was
committed simulating public
authority;
(c) serious physical injuries were
inflicted on the victim or threats
to kill him were made; and (d) if
the victim is a minor, except
when the accused is any of the
parents, female or a public
officer (Sec. 8)

Robbery with violence against
or intimidation of persons
Plunder involving at least
P50 million (Sec. 12)
Destructive arson if what is
burned is (a) one or more
buildings or edifice; (b) a
building where people usually
gather; (c) a train, ship or
airplane for public use; (d) a
building or factory in the
service of public utilities;
(e) a building for the purpose
of concealing or destroying
evidence Or a crime; (f) an
arsenal, fireworks factory, or
government museum; and (g)
a storehouse or factory of
explosive materials located in
an inhabited place

Destructive arson resulting in
death. "If as a consequence of
the commission of any of the
acts penalized under this
Article, death results, the
mandatory penalty of death
shall be imposed." (Sec. 10)
Rape attended by any
of the following
circumstances: (a) the
rape is committed with
a deadly weapon; (b)
the rape is committed
by two or more persons;
and (c) the rape is
attempted or frustrated
and committed with
homicide (Sec. 11)
Importation of prohibited drugs
(Sec. 13) The penalty of
reclusion perpetua to death
and a fine ranging from five
hundred thousand pesos to ten
million pesos shall be imposed
upon any person who, unless
authorized by law, shall import
or bring into the Philippines any
prohibited drug.
Sale, administration, delivery,
distribution, and transportation
of prohibited drugs ---- The
penalty of reclusion perpetua
to death and a fine from five
hundred thousand pesos to ten
million pesos shall be imposed
upon any person who, unless
authorized by law,
shall sell, administer, deliver,
give away to another,
distribute, dispatch in transit or
transport any prohibited drug,
or shall act as a broker in any of
such transactions.

Maintenance of den, dive or
resort for users of prohibited drugs
(id.)--- The penalty of reclusion
perpetua to death and a fine
ranging from five hundred thousand
pesos to ten million pesos shall be
imposed upon any person or group
of persons who shall maintain a
den, dive or resort where any
prohibited drug is used in any form
or where such prohibited drugs in
quantities specified in Section 20,
Paragraph 1 of this Act are found.
Manufacture of prohibited
drugs (id.)---- The penalty of
reclusion perpetua to death
and fine ranging from five
hundred thousand pesos to ten
million pesos shall be imposed
upon any person who, unless
authorized by law, shall
engage in the manufacture of
any prohibited drug.
Possession or use of prohibited
drugs in certain specified
amounts (id.)--- The penalty of
reclusion perpetua to death
and a fine ranging from five
hundred thousand pesos to ten
million pesos shall be imposed
upon any person who, unless
authorized by law, shall possess
or use any prohibited drug
subject to the provisions of
Section 20 hereof.
Cultivation of plants which are
sources of prohibited drugs
(id.)--- The penalty of reclusion
perpetua to death and a fine
ranging from five hundred
thousand pesos to ten million
pesos shall be imposed upon
any person who shall plant,
cultivate or culture any
medium Indian hemp, opium
poppy (papaver somniferum),
or any other plant which is or
may hereafter be classified as
dangerous drug or from which
any dangerous drug may be
manufactured or derived.

Importation of regulated drugs
(Sec. 14)
Manufacture of regulated
drugs (id.)
Sale, administration,
dispensation, delivery,
transportation, and distribution of
regulated drugs (id.)
Maintenance of den, dive, or
resort for users of regulated drugs
(Sec. 15)
Possession or use of regulated
drugs in specified amounts (Sec.
16)
Misappropriation,
misapplication or failure to
account dangerous drugs
confiscated by the arresting
officer (Sec. 17)
Planting evidence of
dangerous drugs in person or
immediate vicinity of another to
implicate the latter (Sec. 19)


Carnapping where the
owner, driver or occupant of
the carnapped motor vehicle is
killed or raped
all the crimes in RA. No. 7659 in
their qualified form. "When in
the commission of the crime,
advantage was taken by the
offender of his public position,
the penalty to be imposed shall
be in its maximum [of death]
regardless of mitigating
circumstances.
The maximum penalty [of death]
shall be imposed if the offense
was committed by any person
who belongs to an
organized/syndicated crime
group. An organized/syndicated
crime group means a group of
two or more persons
collaborating, confederating or
mutually helping one another for
purposes of gain in the
commission of any crime." (Sec.
23)