Joker backs Noy vs bid to revive death penalty

By Angie M. Rosales 
The Daily Tribune

The Palace and its known critic in the Senate, Sen. Joke Arroyo, saw eye to eye on rejecting the reimposition of the death penalty despite an upsurge in gruesome killings, the latest of which was the cold-blooded murder of a 20-year-old student of the University of Sto. Tomas (UST) as Arroyo said efforts to revive capital punishment would not likely get support from Congress.
Malacañang’s unlikely ally, Arroyo, said proponents of the move are not likely to gain support even from members of Congress, including himself, a known human rights lawyer during the Marcos administration.

Arroyo said the Executive can expect support from him on this matter, as he has been a strong advocate against death penalty even while it was still being enforced or when he was still a member of the House of Representatives, as this policy had been against the provisions of the 1987 Constitution.

“Malacañang does not like it. We will agree on that. Their reaction was spontaneous. We are proud that among the Asian countries, we are the only country that has no death penalty. That is also consistent that the only Christian country,” he said. Deputy presidential spokesman Abigail Valte said on radio President Aquino does not intend to revive the death penalty given the current state of the justice system.

Until such time that it can be ascertained there’s an efficient administration of justice in the country, only then the President may favor the death penalty, she added.

Valte was commenting on the call of the Volunteers Against Crime and Corruption (VACC) to implement death penalty in the country in the wake of the brutal killing of Cyrish Magalang, an honor student from the UST last week in Cavite.
The Constitution, the senator said, is explicit on the prohibition on death penalty, unless provided by law or otherwise.
Arroyo noted that ever since the 8th Congress, efforts seeking to restore death as the highest form of punishment for criminal offenses proved futile.

“When it was filed again during the 9th Congress, I opposed it. I was against in the 9th Congress. In the 13th Congress, a bill seeking its repeal was introduced and it was repealed so we’re back to the original constitutional provision. And now again, they’re reviving it believing that death penalty will to be able to curb criminality,” he said.

“In Europe, all countries do not have death penalties. In the United States it’s 50-50, some states have death penalty, some do not have. In Asia, only the Philippines have no death penalty. So I asked the Europeans why,” he said, recalling the time when the law was repealed and he was told that it was a reflection of superior civilization.

“It was a big news then, when we abolished the death penalty,” Arroyo said, further emphasizing the fact that the abolition of capital punishment also gives the impression to other countries that the government can carry out a criminal justice system without imposing death as a penalty.

Arroyo stressed that it has been misconstrued in the past that capital punishment can be a deterrent to the commission of crime.

“But that did not happen. During the time that the death penalty was imposed here, from the 1995 to up to the 2004, the number of crimes committed did not diminish. In other words, imposing the death penalty is not the solution to prevent crimes. Even our judges were hesitant to impose death penalty. That’s why there were a number of those lined up in the death row,” he said.

“The primary thing they should do is to arrest first the criminal. Death penalty will not be a deterrent to criminality,” he said.

“Re-imposition of death penalty, why not. It would however be if and only if the President appears very certain that the courts render judgment fairly… especially the death sentence, it should be imposed on the genuinely guilty party and not just on the fall guys. That’s the position of the President,” Valte said.

“The current judicial system doesn’t have any guarantee or assurance that those who’d be sent to the death chamber are the real culprits”, she added.

Until such time that the government can be completely confident that those who may be sentenced to death are guilty of the crime that they are being accused of, the Aquino administration would not favor the call of others to restore the death penalty, Valte added.

“Not for now. we are not that eager or convinced that the right time to re-impose the capital punishment is now”, Valte said.

The suspects in the slaying of Magalang have already been arrested and charges were filed against tricycle driver Roel Gacita Jr., 24, and elder brother Rollin, 27, a vegetable vendor. An accomplice on the murder is expected to be arrested today.

Valte likewise cited the need for the Philippine National Police to heighten campaign against illegal drugs and crime, while underscoring the relentless efforts of the PNP in implementing its campaign against crime, noting that the police authority has long been increasing its visibility along the road and other crime prone areas that are needed to be monitored. Fernan J. Angeles