Republic Act No. 7659
Also known as: Death Penalty Law — the name fixed for it by RA 9346's repealing clause · RA 7659 — the common short form · The Heinous Crimes Law — the styling this wiki's Plunder entries carry · The 1993 Death Penalty Restoration Act — the descriptive styling of the commentary · An Act to Impose the Death Penalty on Certain Heinous Crimes — the long title
Definition
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,” approved December 13, 1993, and known in its own amending statute as the Death Penalty Law — is the statute that restored capital punishment to the Philippines, exercising the re-allowance the 1987 Constitution framed in its Bill of Rights: “Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it.” (LawPhil — RA 7659, LawPhil — 1987 Constitution) The statute’s preamble recites that clause verbatim, declares the covered crimes “heinous for being grievous, odious and hateful offenses” repugnant “to the common standards and norms of decency and morality,” and then amends the Revised Penal Code and the special penal laws to make death the maximum penalty for treason, piracy, qualified bribery, parricide, murder, infanticide, kidnapping and serious illegal detention, robbery with violence, destructive arson, rape, the drug offenses of Republic Act No. 6425 at threshold quantities — and plunder, whose Section 2 penalty under Republic Act No. 7080 it raised to “reclusion perpetua to death,” the amendment this wiki’s Plunder and Plunder Law entries carry. (LawPhil — RA 7659)
The law’s operative machinery was procedural as much as penal. Section 22 amended Article 47 of the Code so that death “shall not be imposed” on any person below eighteen or above seventy at the time of the crime and so that every death judgment goes to the Supreme Court “for automatic review and judgment by the Court en banc,” reclusion perpetua to follow if the required majority is not obtained; Section 24 amended Article 81 to fix the method — the death sentence “shall consist in putting the person under sentence to death by electrocution” — a method superseded when Republic Act No. 8177 (March 20, 1996) designated death “by lethal injection,” amending the very Article 81 text RA 7659 had written. (LawPhil — RA 7659, LawPhil — RA 8177) The statute’s own title as the Death Penalty Law was fixed by Republic Act No. 9346 (June 24, 2006), which prohibited the death penalty outright, repealed RA 8177, and repealed or amended “Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law… insofar as they impose the death penalty.” (LawPhil — RA 9346) Statute register: a 1993 penal statute, its death provisions repealed in 2006, its amended penalty scales otherwise still part of the Code.
Identities
| Source Type | Identity |
|---|---|
| Wikipedia | N/A — no standalone article (verified this session); the statute is covered inside Capital punishment in the Philippines and the corpus’s Plunder entries follow that convention |
| Wikidata | N/A — entity searches for “Republic Act 7659”, “RA 7659”, and “Death Penalty Law Philippines” return no item (verified this session) |
| DBpedia | N/A — the data endpoint returns an empty resource for Republic_Act_No._7659 (verified this session) |
| ProductOntology | N/A |
| Wiktionary | death penalty — noun (legal), “A punishment in which the offender is put to death by the state” (headword verified this session) (Wiktionary — death penalty) |
| Library of Congress Subject Headings (LCSH) | Capital punishment — top-level heading; the suggest results carry no Philippines subdivision for it (verified this session) |
| MeSH | N/A |
| NCBI Taxonomy | N/A |
| AGROVOC | N/A |
| Google Scholar | Republic Act 7659 Death Penalty Law 1993 heinous crimes Article III Section 19 1987 Constitution reclusion perpetua to death plunder RA 7080 Section 12 automatic review Article 47 electrocution Article 81 RA 8177 lethal injection Echegaray February 5 1999 RA 9346 2006 abolition |
| ConceptNet | N/A — ConceptNet API unreachable this session (HTTP 502) |
| OpenCyc | N/A |
Also Known As
- Death Penalty Law — the name fixed for it by RA 9346’s repealing clause
- RA 7659 — the common short form
- The Heinous Crimes Law — the styling this wiki’s Plunder entries carry
- The 1993 Death Penalty Restoration Act — the descriptive styling of the commentary
- An Act to Impose the Death Penalty on Certain Heinous Crimes — the long title
Examples and Analogies
- A constitutional re-allowance cashed in: the 1987 Charter had abolished the death penalty but left Congress a door — “unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it” — and RA 7659 is the statute that walked through it, the first death law of the post-Marcos republic. (LawPhil — 1987 Constitution, LawPhil — RA 7659)
- A penalty scale, not a single crime: the act works by amendment rather than creation — Articles 114, 122, 211-A, 246, 248, 255, 267, 294, 320, and 335 of the Code and Sections 2 and 20 of RA 7080 and RA 6425 rewritten one by one — so “RA 7659” names a wave of amendments, not one offense. (LawPhil — RA 7659)
- Plunder made capital: Section 12’s amendment — plunder “shall be punished by reclusion perpetua to death” — is the corpus connection: the charge sheets this wiki’s Plunder Law and Arroyo v. People entries document all run “under R.A. 7080 as amended by R.A. 7659.” (LawPhil — RA 7659)
- The method the statute never used as written: Article 81 as amended promised electrocution; RA 8177 replaced it with lethal injection in 1996 before any execution — so every execution under the act, beginning with Leo Echegaray’s on February 5, 1999, was by injection. (LawPhil — RA 8177, Wikipedia — Leo Echegaray)
- Verified statutory data:
- Approval: December 13, 1993, on the statute’s face; effectivity fifteen days after publication in two national newspapers of general circulation (Sec. 28) (LawPhil — RA 7659)
- Constitutional basis: Article III, Section 19(1) of the 1987 Constitution, quoted in the preamble (LawPhil — 1987 Constitution)
- Crimes made death-eligible: treason; piracy and mutiny; qualified bribery; parricide; murder; infanticide; kidnapping and serious illegal detention; robbery with violence and intimidation; destructive arson; rape; plunder; and RA 6425 drug offenses at thresholds including 200 grams of methamphetamine hydrochloride, 40 grams of heroin, opium, morphine or cocaine, and 750 grams of marijuana (LawPhil — RA 7659)
- Safeguards: no death for offenders below eighteen or above seventy; automatic review by the Supreme Court en banc; reclusion perpetua where the majority for death is not obtained (LawPhil — RA 7659)
- Method: electrocution under Sec. 24’s Article 81; lethal injection under RA 8177 (March 20, 1996) (LawPhil — RA 7659, LawPhil — RA 8177)
- Abolition: RA 9346 (June 24, 2006) prohibited the penalty, substituted reclusion perpetua or life imprisonment, and barred parole for those serving the substituted penalty (LawPhil — RA 9346)
Usage Scenarios
1. Citing the Plunder Penalty
Section 12 is the standard citation for the plunder penalty scale — reclusion perpetua to death from 1993, reclusion perpetua without parole since RA 9346 — the amendment chain this wiki’s Plunder and Plunder Law entries document from the same statute. (LawPhil — RA 7659, LawPhil — RA 9346)
2. Tracing the Death Penalty’s Constitutional Law
The statute is the middle chapter of Philippine capital-punishment history — abolition in the 1987 Constitution, restoration in 1993, application in the Echegaray litigation, abolition again in 2006 — the arc the capital-punishment record carries and the corpus’s Arroyo v. People entry touches through its 2016 plunder acquittal. (Wikipedia — Capital punishment in the Philippines, LawPhil — RA 9346)
3. Following the Echegaray Test Case
Leo Echegaray’s rape conviction — affirmed by the Supreme Court in its June 25, 1996 decision in G.R. No. 117472, the crime committed in April 1994 under the new law — became the restoration’s test: in Echegaray v. Secretary of Justice (January 19, 1999) the Court upheld the lethal-injection statute against the constitutional attack while enjoining enforcement until its implementing rules were corrected, and the first execution since reinstatement followed by lethal injection on February 5, 1999. (LawPhil — People v. Echegaray, LawPhil — Echegaray v. Secretary of Justice, Wikipedia — Leo Echegaray)
4. Researching the Automatic-Review Machinery
Article 47 as amended — en banc review of every death case, with the age limits and the majority-vote rule — is the statute’s structural legacy studied in criminal procedure, the safeguard that put every capital sentence of the 1993–2006 era before the Supreme Court before it could be carried out. (LawPhil — RA 7659)
Strategies
- Draft through the Constitution’s own words: the preamble quotes Article III, Section 19(1) verbatim and frames the “compelling reasons” finding in the heinous-crimes language — the drafting strategy that grounded the restoration in the Charter’s own re-allowance. (LawPhil — RA 7659, LawPhil — 1987 Constitution)
- Amend rather than enact anew: by rewriting the Code’s penalty articles and the special laws’ scales, Congress kept the existing offenses and changed only the maxima — the legislative economy that made one act reach a dozen crimes. (LawPhil — RA 7659)
- Build review into the penalty: automatic en banc review and the age limits converted every death sentence into a Supreme Court case — the strategy that made the 1993–2006 death row a litigated population rather than an executable one. (LawPhil — RA 7659)
- For prosecutors — charge through the amended scales: the plunder and drug informations of the era pleaded “as amended by RA 7659” to reach the higher penalties, the practice the corpus’s case entries document. (LawPhil — RA 7659)
- For researchers — cite the penalty through its chain: original 1993 text, RA 8177’s method change, RA 9346’s abolition; a bare “death penalty under RA 7659” without RA 9346 misstates the present law. (LawPhil — RA 8177, LawPhil — RA 9346)
Security and Safety Measures
- Age limits as hard edges: death could not be imposed on a person below eighteen or more than seventy years old at the time of the crime — the categorical mitigations built into the review article. (LawPhil — RA 7659)
- Automatic review as the central safeguard: every death judgment was forwarded to the Supreme Court for en banc review within the statutory window, with reclusion perpetua the default where the required majority failed — the check that stood between sentence and execution. (LawPhil — RA 7659)
- The moratorium and commutation record: Estrada’s bimillennial moratorium of 2000 followed a commutation mishap in the Agbayani case; President Arroyo, who opposed the penalty, commuted 1,230 death sentences on April 15, 2006 — the “largest ever commutation of death sentences” in Amnesty International’s rendering — before RA 9346 ended the penalty two months later. (Wikipedia — Capital punishment in the Philippines)
- The abolition’s substitution terms: RA 9346 did not merely repeal — it substituted reclusion perpetua or life imprisonment and made those serving the substituted penalty ineligible for parole, the terms that still govern the sentences of the era’s convicts, as the corpus’s Plunder Law entry records for the plunder scale. (LawPhil — RA 9346)
- For researchers: the execution ledger — seven under Estrada, the last Alex Bartolome on January 4, 2000, all by lethal injection after RA 8177 — is the verified record; the electric chair RA 7659 prescribed was never used. (Wikipedia — Capital punishment in the Philippines, LawPhil — RA 8177)
Historical Context
The 1987 Constitution had made the Philippines the first Asian state to abolish the death penalty — while expressly inviting Congress to restore it for heinous crimes. President Fidel V. Ramos, elected on a law-and-order platform amid rising crime and drug trafficking, drafted and pushed the restoration; Congress complied in December 1993 with RA 7659, and the penalty returned with the statute’s effectivity after publication. (Wikipedia — Capital punishment in the Philippines, LawPhil — RA 7659)
The application era was short and contested. RA 8177 switched the method to lethal injection in 1996; the Supreme Court affirmed the restoration-era convictions, Echegaray’s among them, and rejected the final attacks on the lethal-injection statute in January 1999, the first execution since reinstatement following on February 5; six more followed under Estrada, a commutation mishap and then a moratorium intervening, before the final execution of the era in January 2000. (LawPhil — RA 8177, LawPhil — Echegaray v. Secretary of Justice, Wikipedia — Capital punishment in the Philippines) President Arroyo’s opposition produced the 2006 commutations and then RA 9346 — “An Act Prohibiting the Imposition of Death Penalty in the Philippines,” approved June 24, 2006 — and the Philippines ratified the Second Optional Protocol to the ICCPR in 2007, binding itself to abolition. (LawPhil — RA 9346, Wikipedia — Capital punishment in the Philippines)
The statute’s surviving work is in the penalty scales it amended: plunder’s reclusion perpetua to death remains on the books as written but operates as reclusion perpetua without parole under RA 9346 — the connection this wiki’s Plunder, Plunder Law, and Arroyo v. People entries all carry — and the automatic-review and age-limit provisions remain part of the Code’s machinery for the cases that still reach them. (LawPhil — RA 7659, LawPhil — RA 9346)
Challenges and Controversies
Constitutionality of the Restoration
The threshold question — whether “compelling reasons involving heinous crimes” existed — was tested in the Echegaray litigation, where the Court affirmed the rape conviction under the new law in 1996 and refused in 1999 to stay its execution, over the dissenting arguments that attended the restoration’s application. (LawPhil — People v. Echegaray, LawPhil — Echegaray v. Secretary of Justice)
The Method Switch
RA 7659’s electrocution provision was criticized as obsolete and inhumane before it was ever used; RA 8177’s 1996 substitution of lethal injection was defended as more humane and attacked as making execution easier to carry out — the debate that framed the 1999–2000 executions. (LawPhil — RA 8177, Wikipedia — Capital punishment in the Philippines)
Death Row and Its Population
Between 1993 and 2006 the courts imposed death sentences in the hundreds, and the commutation of 1,230 sentences in April 2006 — the largest commutation on record — stood as the system’s own verdict on the penalty’s administration: review, delay, and doubt rather than the seven executions actually carried out. (Wikipedia — Capital punishment in the Philippines)
Abolition and the Residue
RA 9346 ended the penalty but left RA 7659’s scales nominally in force — “reclusion perpetua to death” still printed in the Code’s plunder article — a residue that keeps the statute cited in modern plea and penalty practice even though its death component is repealed, the citation discipline this wiki’s Plunder Law entry teaches. (LawPhil — RA 9346, LawPhil — RA 7659)
Related Topic
- Plunder
- Plunder Law
- Republic Act No. 7080
- Republic Act No. 8177
- Republic Act No. 9346
- Capital punishment in the Philippines
- Leo Echegaray
- 1987 Constitution
- Revised Penal Code of the Philippines
- Dangerous Drugs Act of 1972
- Arroyo v. People
- Estrada v. Sandiganbayan
- Supreme Court of the Philippines
- Sandiganbayan
- Fidel V. Ramos
- Joseph Estrada
- Gloria Macapagal Arroyo
References
- Republic Act No. 7659, An Act to Impose the Death Penalty on Certain Heinous Crimes (December 13, 1993) — The LawPhil Project
- 1987 Constitution of the Philippines, Article III, Section 19 — The LawPhil Project
- Republic Act No. 8177, Designating Death by Lethal Injection (March 20, 1996) — The LawPhil Project
- Republic Act No. 9346, An Act Prohibiting the Imposition of Death Penalty in the Philippines (June 24, 2006) — The LawPhil Project
- Capital punishment in the Philippines — Wikipedia
- Leo Echegaray — Wikipedia
- People v. Echegaray, G.R. No. 117472 (Resolution of February 7, 1997, reciting the Decision of June 25, 1996) — The LawPhil Project
- Echegaray v. Secretary of Justice, G.R. No. 132601 (January 19, 1999) — The LawPhil Project
- death penalty — Wiktionary