REPUBLIC ACT NO.

7659

AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR
THAT PURPOSE THE REVISED PENAL LAWS, AND FOR OTHER PURPOSES.
WHEREAS, the C!"t#t$t#!, "%e&#'#&())* A+t#&)e III, Se&t#! ,9 %(+(-+(%h .,/ the+e', "t(te" "Excessive fines
shall not be imposed nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalt be
imposed, unless, for compelling reasons involving heinous crimes, the !ongress hereafter provides for it"0
WHEREAS, the &+#1e" %$!#"h(2)e 2* 3e(th $!3e+ th#" A&t (+e he#!$" '+ 2e#!- -+#e4$", 3#$" (!3 h(te'$)
''e!"e" (!3 5h#&h, 2* +e("! ' the#+ #!he+e!t + 1(!#'e"t 5#&6e3!e"", 4#&#$"!e"", (t+&#t* (!3 %e+4e+"#t* (+e
+e%$-!(!t (!3 $t+(-e$" t the &11! "t(!3(+3" (!3 !+1" ' 3e&e!&* (!3 1+()#t* #! ( 7$"t, &#4#)#8e3 (!3
+3e+e3 "&#et*0
WHEREAS, 3$e t the ()(+1#!- $%"$+-e ' "$&h &+#1e" 5h#&h h(" +e"$)te3 !t !)* #! the )"" ' h$1(! )#4e"
(!3 5(!t! 3e"t+$&t#! ' %+%e+t* 2$t ()" (''e&te3 the !(t#!9" e''+t" t5(+3" "$"t(#!(2)e e&!1#&
3e4e)%1e!t (!3 %+"%e+#t* 5h#)e (t the "(1e t#1e h(" $!3e+1#!e3 the %e%)e9" '(#th #! the G4e+!1e!t (!3
the )(tte+9" (2#)#t* t 1(#!t(#! %e(&e (!3 +3e+ #! the &$!t+*0
WHEREAS, the C!-+e"", #! the #!te+e"t ' 7$"t#&e, %$2)#& +3e+ (!3 the +$)e ' )(5, (!3 the !ee3 t +(t#!()#8e
(!3 h(+1!#8e the %e!() "(!&t#!" '+ he#!$" &+#1e", '#!3" &1%e))#!- +e("!" t #1%"e the 3e(th %e!()t* '+
"(#3 &+#1e"0
N5, the+e'+e,
Se&. ,. "eclaration of #olic. : It #" he+e2* 3e&)(+e3 the %)#&* ' the St(te t '"te+ (!3 e!"$+e !t !)*
2e3#e!&e t #t" ($th+#t*, 2$t ()" t (3%t "$&h 1e("$+e" (" 5$)3 e''e&t#4e)* %+1te the 1(#!te!(!&e '
%e(&e (!3 +3e+, the %+te&t#! ' )#'e, )#2e+t* (!3 %+%e+t*, (!3 the %+1t#! ' the -e!e+() 5e)'(+e 5h#&h (+e
e""e!t#() '+ the e!7*1e!t 2* ()) the %e%)e ' the 2)e""#!-" ' 3e1&+(&* #! ( 7$"t (!3 h$1(!e "&#et*0
Se&. ;. A+t#&)e ,,< ' the Re4#"e3 Pe!() C3e, (" (1e!3e3, #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. ,,<. $reason. : A!* F#)#%#! &#t#8e! 5h )e4#e" 5(+ (-(#!"t the Ph#)#%%#!e" + (3he+e" t he+
e!e1#e" -#4#!- the1 (#3 + &1'+t 5#th#! the Ph#)#%%#!e" + e)"e5he+e, "h()) 2e %$!#"he3 2*
reclusion perpetua t 3e(th (!3 "h()) %(* ( '#!e !t t e?&ee3 ,@@,@@@ %e"".
>N %e+"! "h()) 2e &!4#&te3 ' t+e("! $!)e"" ! the te"t#1!* ' t5 5#t!e""e" (t )e("t t the
"(1e 4e+t (&t + ! &!'e""#! ' the (&&$"e3 #! %e! &$+t.
>L#6e5#"e, (! ()#e!, +e"#3#!- #! the Ph#)#%%#!e", 5h &11#t" (&t" ' t+e("! (" 3e'#!e3 #!
%(+(-+(%h , ' th#" A+t#&)e "h()) 2e %$!#"he3 2* reclusion temporal t 3e(th (!3 "h()) %(* ( '#!e
!t t e?&ee3 ,@@,@@@ %e"".>
Se&. A. Se&t#! Th+ee, Ch(%te+ O!e, T#t)e O!e ' B6 T5 ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 ("
'))5"=
>Se&t#! Th+ee. : P#+(&* (!3 1$t#!* ! the h#-h "e("
+ #! the Ph#)#%%#!e 5(te+"
>A+t. ,;;. #irac in general and mutin on the high seas or in the #hilippine %aters. : The %e!()t* '
reclusion perpetua "h()) 2e #!')#&te3 $%! (!* %e+"! 5h, ! the h#-h "e(", + #! the Ph#)#%%#!e
5(te+", "h()) (tt(&6 + "e#8e ( 4e""e) +, !t 2e#!- ( 1e12e+ ' #t" &1%)e1e!t !+ ( %(""e!-e+,
"h()) "e#8e the 5h)e + %(+t ' the &(+- ' "(#3 4e""e), #t" eB$#%1e!t + %(""e!-e+".
The "(1e %e!()t* "h()) 2e #!')#&te3 #! &("e ' 1$t#!* ! the h#-h "e(" + #! the Ph#)#%%#!e 5(te+".
>A+t. ,;A. &ualified pirac. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th "h()) 2e #1%"e3 $%!
th"e 5h &11#t (!* ' the &+#1e" +e'e++e3 t #! the %+e&e3#!- (+t#&)e, $!3e+ (!* ' the '))5#!-
&#+&$1"t(!&e"=
>,. Whe!e4e+ the* h(4e "e#8e3 ( 4e""e) 2* 2(+3#!- + '#+#!- $%! the "(1e0
>;. Whe!e4e+ the %#+(te" h(4e (2(!3!e3 the#+ 4#&t#1" 5#th$t 1e(!" ' "(4#!- the1"e)4e" +0
>A. Whe!e4e+ the &+#1e #" (&&1%(!#e3 2* 1$+3e+, h1#&#3e, %h*"#&() #!7$+#e" + +(%e.>
Se&. <. The+e "h()) 2e #!&+%+(te3 ('te+ A+t#&)e ;,, ' the "(1e C3e ( !e5 (+t#&)e t +e(3 (" '))5"=
>A+t. ;,,:A. &ualified 'riber. : I' (!* %$2)#& ''#&e+ #" e!t+$"te3 5#th )(5 e!'+&e1e!t (!3 he
+e'+(#!" '+1 (++e"t#!- + %+"e&$t#!- (! ''e!3e+ 5h h(" &11#tte3 ( &+#1e %$!#"h(2)e 2*
reclusion perpetua (!3C+ 3e(th #! &!"#3e+(t#! ' (!* ''e+, %+1#"e, -#'t + %+e"e!t, he "h())
"$''e+ the %e!()t* '+ the ''e!"e 5h#&h 5(" !t %+"e&$te3.
>I' #t #" the %$2)#& ''#&e+ 5h ("6" + 3e1(!3" "$&h -#'t + %+e"e!t, he "h()) "$''e+ the %e!()t* '
3e(th.>
Se&. 5. The %e!()t* ' 3e(th '+ %(++#&#3e $!3e+ A+t#&)e ;<6 ' the "(1e C3e #" he+e2* +e"t+e3, " th(t #t "h())
+e(3 (" '))5"=
>A+t. ;<6. #arricide. : A!* %e+"! 5h "h()) 6#)) h#" '(the+, 1the+, + &h#)3, 5hethe+ )e-#t#1(te '
#))e-#t#1(te, + (!* ' h#" ("&e!3(!t", + 3e"&e!3(!t", + h#" "%$"e, "h()) 2e -$#)t* ' %(++#&#3e (!3
"h()) 2e %$!#"he3 2* the %e!()t* ' +e&)$"#! %e+%et$( t 3e(th.>
Se&. 6. A+t#&)e ;<D ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. ;<D. (urder. : A!* %e+"! 5h, !t '())#!- 5#th#! the %+4#"#!" ' A+t#&)e ;<6 "h()) 6#)) (!the+,
"h()) 2e -$#)t* ' 1$+3e+ (!3 "h()) 2e %$!#"he3 2* reclusion perpetua, t 3e(th #' &11#tte3 5#th (!* '
the '))5#!- (tte!3(!t &#+&$1"t(!&e"=
>,. W#th t+e(&he+*, t(6#!- (34(!t(-e ' "$%e+#+ "t+e!-th, 5#th the (#3 ' (+1e3 1e!, +
e1%)*#!- 1e(!" t 5e(6e! the 3e'e!"e + ' 1e(!" + %e+"!" t #!"$+e + (''+3 #1%$!#t*.
>;. I! &!"#3e+(t#! ' ( %+#&e, +e5(+3 + %+1#"e.
>A. B* 1e(!" ' #!$!3(t#!, '#+e, %#"!, e?%)"#!, "h#%5+e&6, "t+(!3#!- ' ( 4e""e), 3e+(#)1e!t +
(""($)t $%! ( +(#)+(3, '()) ' (! (#+"h#%, + 2* 1e(!" ' 1t+ 4eh#&)e", + 5#th the $"e ' (!*
the+ 1e(!" #!4)4#!- -+e(t 5("te (!3 +$#!.
><. O! &&("#! ' (!* ' the &()(1#t#e" e!$1e+(te3 #! the %+e&e3#!- %(+(-+(%h, + ' (!
e(+thB$(6e, e+$%t#! ' ( 4)&(!, 3e"t+$&t#4e &*&)!e, e%#3e1#& + the+ %$2)#& &()(1#t*.
>5. W#th e4#3e!t %+e1e3#t(t#!.
>6. W#th &+$e)t*, 2* 3e)#2e+(te)* (!3 #!h$1(!)* ($-1e!t#!- the "$''e+#!- ' the 4#&t#1, +
$t+(-#!- + "&''#!- (t h#" %e+"! + &+%"e.>
Se&. 7. A+t#&)e ;55 ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. ;55. )nfanticide. : The %e!()t* %+4#3e3 '+ %(++#&#3e #! A+t#&)e ;<6 (!3 '+ 1$+3e+ #!
A+t#&)e ;<D "h()) 2e #1%"e3 $%! (!* %e+"! 5h "h()) 6#)) (!* &h#)3 )e"" th(! th+ee 3(*" ' (-e.
>I' (!* &+#1e %e!()#8e3 #! th#" A+t#&)e 2e &11#tte3 2* the 1the+ ' the &h#)3 '+ the %$+%"e '
&!&e()#!- he+ 3#"h!+, "he "h()) "$''e+ the %e!()t* ' prision maor #! #t" 1e3#$1 (!3 1(?#1$1
%e+#3", (!3 #' "(#3 &+#1e 2e &11#tte3 '+ the "(1e %$+%"e 2* the 1(te+!() -+(!3%(+e!t" +
e#the+ ' the1, the %e!()t* "h()) 2e reclusion temporal.> chanrobles virtual law library
Se&. D. A+t#&)e ;67 ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. ;67. *idnapping and serious illegal detention. : A!* %+#4(te #!3#4#3$() 5h "h()) 6#3!(% +
3et(#! (!the+, + #! (!* the+ 1(!!e+ 3e%+#4e h#1 ' h#" )#2e+t*, "h()) "$''e+ the %e!()t* '
reclusion perpetua t 3e(th=
>,. I' the 6#3!(%%#!- + 3ete!t#! "h()) h(4e )("te3 1+e th(! th+ee 3(*".
>;. I' #t "h()) h(4e 2ee! &11#tte3 "#1$)(t#!- %$2)#& ($th+#t*.
>A. I' (!* "e+#$" %h*"#&() #!7$+#e" "h()) h(4e 2ee! #!')#&te3 $%! the %e+"!
6#3!(%%e3 + 3et(#!e30 + #' th+e(t" t 6#)) h#1 "h()) h(4e 2ee! 1(3e.
><. I' the %e+"! 6#3!(%%e3 + 3et(#!e3 "h()) 2e ( 1#!+, e?&e%t 5he! the (&&$"e3 #"
(!* ' the %(+e!t", 'e1()e + ( %$2)#& ''#&e+.
>The %e!()t* "h()) 2e 3e(th %e!()t* 5he+e the 6#3!(%%#!- + 3ete!t#! 5(" &11#tte3 '+ the
%$+%"e ' e?t+t#!- +(!"1 '+1 the 4#&t#1 + (!* the+ %e+"!, e4e! #' !!e ' the
&#+&$1"t(!&e" (24e:1e!t#!e3 5e+e %+e"e!t #! the &11#""#! ' the ''e!"e.
>Whe! the 4#&t#1 #" 6#))e3 + 3#e" (" ( &!"eB$e!&e ' the 3ete!t#! + #" +(%e3, + #" "$27e&te3 t
t+t$+e + 3eh$1(!#8#!- (&t", the 1(?#1$1 %e!()t* "h()) 2e #1%"e3.>
Se&. 9. A+t#&)e ;9< ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. ;9<. Robber %ith violence against or intimidation of persons+ #enalties. : A!* %e+"! -$#)t*
' +22e+* 5#th the $"e ' 4#)e!&e (-(#!"t + #!t#1#3(t#! ' (!* %e+"! "h()) "$''e+=
>,. The %e!()t* ' reclusion perpetua t 3e(th, 5he! 2* +e("! + ! &&("#! ' the
+22e+*, the &+#1e ' h1#&#3e "h()) h(4e 2ee! &11#tte3, + 5he! the +22e+* "h())
h(4e 2ee! (&&1%(!#e3 2* +(%e + #!te!t#!() 1$t#)(t#! + (+"!.
>;. The %e!()t* ' reclusion temporal #! #t" 1e3#$1 %e+#3 t +e&)$"#! %e+%et$(,
5he! + #' 2* +e("! + ! &&("#! ' "$&h +22e+*, (!* ' the %h*"#&() #!7$+#e"
%e!()#8e3 #! "$23#4#"#! I ' A+t#&)e ;6A "h()) h(4e 2ee! #!')#&te3.
>A. The %e!()t* ' +e&)$"#! te1%+(), 5he! 2* +e("! + ! &&("#! ' the +22e+*,
(!* ' the %h*"#&() #!7$+#e" %e!()#8e3 #! "$23#4#"#! ; ' the (+t#&)e 1e!t#!e3 #! the
!e?t %+e&e3#!- %(+(-+(%h, "h()) h(4e 2ee! #!')#&te3.
><. The %e!()t* ' %+#"#! 1(*+ #! #t" 1(?#1$1 %e+#3 t reclusion temporal #! #t"
1e3#$1 %e+#3, #' the 4#)e!&e + #!t#1#3(t#! e1%)*e3 #! the &11#""#! ' the
+22e+* "h()) h(4e 2ee! &(++#e3 t ( 3e-+ee &)e(+)* $!!e&e""(+* '+ the &11#""#! '
the &+#1e, + 5he! #! the &$+"e ' #t" e?e&$t#!, the ''e!3e+ "h()) h(4e #!')#&te3 $%!
(!* %e+"! !t +e"%!"#2)e '+ #t" &11#""#! (!* ' the %h*"#&() #!7$+#e" &4e+e3 2*
"$23#4#"#!" A (!3 < ' "(#3 A+t#&)e ;6A.
>5. The %e!()t* ' prision correccional #! #t" 1(?#1$1 %e+#3 t prision maor #! #t"
1e3#$1 %e+#3 #! the+ &("e".>
Se&. ,@. A+t#&)e A;@ ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. A;@. "estructive Arson. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th "h()) 2e #1%"e3 $%!
(!* %e+"! 5h "h()) 2$+!=
>,. O!e .,/ + 1+e 2$#)3#!-" + e3#'#&e", &!"eB$e!t t !e "#!-)e (&t ' 2$+!#!-, +
(" ( +e"$)t ' "#1$)t(!e$" 2$+!#!-", &11#tte3 ! "e4e+() + 3#''e+e!t &&("#!".
chanrobles virtual law library
>;. A!* 2$#)3#!- ' %$2)#& + %+#4(te 5!e+"h#%, 3e4te3 t the %$2)#& #! -e!e+() +
5he+e %e%)e $"$())* -(the+ + &!-+e-(te '+ ( 3e'#!#te %$+%"e "$&h (", 2$t !t
)#1#te3 t, ''#&#() -4e+!1e!t() '$!&t#! + 2$"#!e"", %+#4(te t+(!"(&t#!, &11e+&e
t+(3e 5+6"h%, 1eet#!-" (!3 &!'e+e!&e", + 1e+e)* #!&#3e!t() t ( 3e'#!#te %$+%"e
"$&h (" 2$t !t )#1#te3 t hte)", 1te)", t+(!"#e!t 35e))#!-", %$2)#& &!4e*(!&e" +
"t%" + te+1#!()", +e-(+3)e"" ' 5hethe+ the ''e!3e+ h(3 6!5)e3-e th(t the+e (+e
%e+"!" #! "(#3 2$#)3#!- + e3#'#&e (t the t#1e #t #" "et ! '#+e (!3 +e-(+3)e"" ()" '
5hethe+ the 2$#)3#!- #" (&t$())* #!h(2#te3 + !t.
>A. A!* t+(#! + )&1t#4e, "h#% + 4e""e), (#+"h#% + (#+%)(!e, 3e4te3 t
t+(!"%+t(t#! + &!4e*(!&e, + '+ %$2)#& $"e, e!te+t(#!1e!t + )e#"$+e.
><. A!* 2$#)3#!-, '(&t+*, 5(+eh$"e #!"t())(t#! (!3 (!* (%%$+t(!&e" the+et, 5h#&h
(+e 3e4te3 t the "e+4#&e ' %$2)#& $t#)#t#e".
>5. A!* 2$#)3#!- the 2$+!#!- ' 5h#&h #" '+ the %$+%"e ' &!&e()#!- + 3e"t+*#!-
e4#3e!&e ' (!the+ 4#)(t#! ' )(5, + '+ the %$+%"e ' &!&e()#!- 2(!6+$%t&* +
3e'+($3#!- &+e3#t+" + t &))e&t '+1 #!"$+(!&e.
>I++e"%e&t#4e ' the (%%)#&(t#! ' the (24e e!$1e+(te3 B$()#'*#!- &#+&$1"t(!&e",
the %e!()t* ' reclusion perpetua t 3e(th "h()) )#6e5#"e 2e #1%"e3 5he! the (+"! #"
%e+%et+(te3 + &11#tte3 2* t5 .;/ + 1+e %e+"!" + 2* ( -+$% ' %e+"!",
+e-(+3)e"" ' 5hethe+ the#+ %$+%"e #" 1e+e)* t 2$+! + 3e"t+* the 2$#)3#!- + the
2$+!#!- 1e+e)* &!"t#t$te" (! 4e+t (&t #! the &11#""#! + (!the+ 4#)(t#! ' )(5.
>The %e!()t* ' reclusion perpetua t 3e(th "h()) ()" 2e #1%"e3 $%! (!* %e+"! 5h "h()) 2$+!=
>,. A!* (+"e!(), "h#%*(+3, "t+eh$"e + 1#)#t(+* %53e+ + '#+e5+6" '(&t+*,
+3!(!&e, "t+eh$"e, (+&h#4e" + -e!e+() 1$"e$1 ' the G4e+!1e!t.
>;. I! (! #!h(2#te3 %)(&e, (!* "t+eh$"e + '(&t+* ' #!')(11(2)e + e?%)"#4e
1(te+#()".
>I' (" ( &!"eB$e!&e ' the &11#""#! ' (!* ' the (&t" %e!()#8e3 $!3e+ th#" A+t#&)e, 3e(th
+e"$)t", the 1(!3(t+* %e!()t* ' 3e(th "h()) 2e #1%"e3.>
Se&. ,,. A+t#&)e AA5 ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. AA5. When and ho% rape is committed. : R(%e #" &11#tte3 2* h(4#!- &(+!() 6!5)e3-e ' (
51(! $!3e+ (!* ' the '))5#!- &#+&$1"t(!&e"=
>,. B* $"#!- '+&e + #!t#1#3(t#!0
>;. Whe! the 51(! #" 3e%+#4e3 ' +e("! + the+5#"e $!&!"&#$"0 (!3
>A. Whe! the 51(! #" $!3e+ t5e)4e *e(+" ' (-e + #" 3e1e!te3.
>The &+#1e ' +(%e "h()) 2e %$!#"he3 2* reclusion perpetua.
>Whe!e4e+ the &+#1e ' +(%e #" &11#tte3 5#th the $"e ' ( 3e(3)* 5e(%! + 2* t5 + 1+e
%e+"!", the %e!()t* "h()) 2e +e&)$"#! %e+%et$( t 3e(th.
>Whe! 2* +e("! + ! the &&("#! ' the +(%e, the 4#&t#1 h(" 2e&1e #!"(!e, the %e!()t* "h()) 2e
3e(th.
>Whe! the +(%e #" (tte1%te3 + '+$"t+(te3 (!3 ( h1#&#3e #" &11#tte3 2* +e("! + ! the
&&("#! the+e', the %e!()t* "h()) 2e +e&)$"#! %e+%et$( t 3e(th.
>The 3e(th %e!()t* "h()) ()" 2e #1%"e3 #t the &+#1e ' +(%e #" &11#tte3 5#th (!* ' the
'))5#!- (tte!3(!t &#+&$1"t(!&e"=
>,. 5he! the 4#&t#1 #" $!3e+ e#-htee! .,D/ *e(+" ' (-e (!3 the ''e!3e+ #" ( %(+e!t,
("&e!3(!t, "te%:%(+e!t, -$(+3#(!, +e)(t#4e 2* &!"(!-$#!#t* + (''#!#t* 5#th#! the
th#+3 &#4#) 3e-+ee, + the &11!:)(5:"%$"e ' the %(+e!t ' the 4#&t#1.
>;. 5he! the 4#&t#1 #" $!3e+ the &$"t3* ' the %)#&e + 1#)#t(+* ($th+#t#e".
>A. 5he! the +(%e #" &11#tte3 #! '$)) 4#e5 ' the h$"2(!3, %(+e!t, (!* ' the
&h#)3+e! + the+ +e)(t#4e" 5#th#! the th#+3 3e-+ee ' &!"(!-$#!#t*.
><. 5he! the 4#&t#1 #" ( +e)#-#$" + ( &h#)3 2e)5 "e4e! .7/ *e(+" )3.
>5. 5he! the ''e!3e+ 6!5" th(t he #" ('')#&te3 5#th A&B$#+e3 I11$!e De'#&#e!&*
S*!3+1e .AIDS/ 3#"e("e.
>6. 5he! &11#tte3 2* (!* 1e12e+ ' the A+1e3 F+&e" ' the Ph#)#%%#!e" + the
Ph#)#%%#!e N(t#!() P)#&e + (!* )(5 e!'+&e1e!t (-e!&*.
>7. 5he! 2* +e("! + ! the &&("#! ' the +(%e, the 4#&t#1 h(" "$''e+e3 %e+1(!e!t
%h*"#&() 1$t#)(t#!.>
Se&. ,;. Se&t#! ; ' Re%$2)#& A&t N. 7@D@ .A! A&t De'#!#!- (!3 Pe!()#8#!- the C+#1e ' P)$!3e+/
#" he+e2* (1e!3e3 t +e(3 (" '))5"=
>Se&. ;. "efinition of the !rime of #lunder+ #enalties. : A!* %$2)#& ''#&e+ 5h, 2* h#1"e)' + #!
&!!#4(!&e 5#th 1e12e+" ' h#" '(1#)*, +e)(t#4e" 2* (''#!#t* + &!"(!-$#!#t*, 2$"#!e"" (""&#(te",
"$2+3#!(te" + the+ %e+"!", (1(""e", (&&$1$)(te" + (&B$#+e" #)):-tte! 5e()th th+$-h (
&12#!(t#! + "e+#e" ' 4e+t &+#1#!() (&t" (" 3e"&+#2e3 #! Se&t#! , .3/ he+e' #! the (--+e-(te
(1$!t + tt() 4()$e ' (t )e("t F#'t* 1#))#! %e"" .P5@,@@@,@@@.@@/ "h()) 2e -$#)t* ' the &+#1e '
%)$!3e+ (!3 "h()) 2e %$!#"he3 2* reclusion perpetua t 3e(th. A!* %e+"! 5h %(+t#&#%(te3 5#th
the "(#3 %$2)#& ''#&e+ #! the &11#""#! ' (! ''e!"e &!t+#2$t#!- t the &+#1e ' %)$!3e+ "h())
)#6e5#"e 2e %$!#"he3 '+ "$&h ''e!"e. I! the #1%"#t#! ' %e!()t#e", the 3e-+ee ' %(+t#&#%(t#!
(!3 the (tte!3(!&e ' 1#t#-(t#!- (!3 e?te!$(t#!- &#+&$1"t(!&e", (" %+4#3e3 2* the Re4#"e3 Pe!()
C3e, "h()) 2e &!"#3e+e3 2* the &$+t. The &$+t "h()) 3e&)(+e (!* (!3 ()) #)):-tte! 5e()th (!3
the#+ #!te+e"t" (!3 the+ #!&1e" (!3 (""et" #!&)$3#!- the %+%e+t#e" (!3 "h(+e" ' "t&6" 3e+#4e3
'+1 the 3e%"#t + #!4e"t1e!t the+e' '+'e#te3 #! '(4+ ' the St(te.>
Se&. ,A. Se&t#!" A, <, 5, 6, 7, D (!3 9, ' A+t#&)e II ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3, 6!5! (" the
D(!-e+$" D+$-" A&t ,97;, (+e he+e2* (1e!3e3 t +e(3 (" '))5"=
>Se&. A. )mportation of #rohibited "rugs. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 ( '#!e
+(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!* %e+"!
5h, $!)e"" ($th+#8e3 2* )(5, "h()) #1%+t + 2+#!- #!t the Ph#)#%%#!e" (!* %+h#2#te3 3+$-.
>Se&. <. Sale, Administration, "eliver, "istribution and $ransportation of #rohibited "rugs. : The
%e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 ( '#!e '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#!
%e"" "h()) 2e #1%"e3 $%! (!* %e+"! 5h, $!)e"" ($th+#8e3 2* )(5, "h()) "e)), (31#!#"te+,
3e)#4e+, -#4e (5(* t (!the+, 3#"t+#2$te, 3#"%(t&h #! t+(!"#t + t+(!"%+t (!* %+h#2#te3 3+$-, +
"h()) (&t (" ( 2+6e+ #! (!* ' "$&h t+(!"(&t#!".
>Nt5#th"t(!3#!- the %+4#"#!" ' Se&t#! ;@ ' th#" A&t t the &!t+(+*, #' the 4#&t#1 ' the
''e!"e #" ( 1#!+, + "h$)3 ( %+h#2#te3 3+$- #!4)4e3 #! (!* ''e!"e $!3e+ th#" Se&t#! 2e the
%+?#1(te &($"e ' the 3e(th ' ( 4#&t#1 the+e', the 1(?#1$1 %e!()t* he+e#! %+4#3e3 "h()) 2e
#1%"e3.
>Se&. 5. (aintenance of a "en, "ive or Resort for #rohibited "rug ,sers. : The %e!()t* ' +e&)$"#!
%e+%et$( t 3e(th (!3 ( '#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h())
2e #1%"e3 $%! (!* %e+"! + -+$% ' %e+"!" 5h "h()) 1(#!t(#! ( 3e!, 3#4e + +e"+t 5he+e
(!* %+h#2#te3 3+$- #" $"e3 #! (!* '+1 + 5he+e "$&h %+h#2#te3 3+$-" #! B$(!t#t#e" "%e&#'#e3 #!
Se&t#! ;@, P(+(-+(%h , ' th#" A&t (+e '$!3.
>Nt5#th"t(!3#!- the %+4#"#!" ' Se&t#! ;@ ' th#" A&t t the &!t+(+*, the 1(?#1$1 ' the
%e!()t* "h()) 2e #1%"e3 #! e4e+* &("e 5he+e ( %+h#2#te3 3+$- #" (31#!#"te+e3, 3e)#4e+e3 + ")3
t ( 1#!+ 5h #" ())5e3 t $"e the "(1e #! "$&h %)(&e.
>Sh$)3 ( %+h#2#te3 3+$- 2e the %+?#1(te &($"e ' the 3e(th ' ( %e+"! $"#!- the "(1e #! "$&h
3e!, 3#4e + +e"+t, the 1(?#1$1 %e!()t* he+e#! %+4#3e3 "h()) 2e #1%"e3 ! the 1(#!t(#!e+
!t5#th"t(!3#!- the %+4#"#!" ' Se&t#! ;@ ' th#" A&t t the &!t+(+*.
>Se&. 7. (anufacture of #rohibited "rug. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 '#!e
+(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!* %e+"!
5h, $!)e"" ($th+#8e3 2* )(5, "h()) e!-(-e #! the 1(!$'(&t$+e ' (!* %+h#2#te3 3+$-.
>Se&. D. #ossession or ,se of #rohibited "rugs. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 (
'#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!*
%e+"! 5h, $!)e"" ($th+#8e3 2* )(5, "h()) %""e"" + $"e (!* %+h#2#te3 3+$- "$27e&t t the
%+4#"#!" ' Se&t#! ;@ he+e'.
>Se&. 9. !ultivation of #lants %hich are Sources of #rohibited "rugs. : The %e!()t* ' +e&)$"#!
%e+%et$( t 3e(th (!3 ( '#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h())
2e #1%"e3 $%! (!* %e+"! 5h "h()) %)(!t, &$)t#4(te + &$)t$+e (!* 1e3#$1 I!3#(! he1%,
%#$1 %%%* .%(%(4e+ "1!#'e+$1/, + (!* the+ %)(!t 5h#&h #" + 1(* he+e('te+ 2e &)(""#'#e3 ("
3(!-e+$" 3+$- + '+1 5h#&h (!* 3(!-e+$" 3+$- 1(* 2e 1(!$'(&t$+e3 + 3e+#4e3.
>The )(!3 + %+t#!" he+e', (!3C+ -+ee!h$"e" ! 5h#&h (!* ' "(#3 %)(!t" #" &$)t#4(te3 +
&$)t$+e3 "h()) 2e &!'#"&(te3 (!3 e"&he(te3 t the St(te, $!)e"" the 5!e+ the+e' &(! %+4e th(t
he 3#3 !t 6!5 "$&h &$)t#4(t#! + &$)t$+e 3e"%#te the e?e+&#"e ' 3$e 3#)#-e!&e ! h#" %(+t.
>I' the )(!3 #!4)4e3 #! #" %(+t ' the %$2)#& 31(#!, the 1(?#1$1 ' the %e!()t#e" he+e#!
%+4#3e3 "h()) 2e #1%"e3 $%! the ''e!3e+.>
Se&. ,<. Se&t#!" ,<, ,<:A, (!3 ,5 ' A+t#&)e III ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3, 6!5! (" the D(!-e+$"
D+$-" A&t ' ,97;, (+e he+e2* (1e!3e3 t +e(3 (" '))5"=
>Se&. ,<. )mportation of Regulated "rugs. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 ( '#!e
+(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!* %e+"!
5h, $!)e"" ($th+#8e3 2* )(5, "h()) #1%+t + 2+#!- (!* +e-$)(te3 3+$- #! the Ph#)#%%#!e".
>Se&. ,<:A. (anufacture of Regulated "rugs. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 (
'#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!*
%e+"! 5h, $!)e"" ($th+#8e3 2* )(5, "h()) e!-(-e #! the 1(!$'(&t$+e ' (!* +e-$)(te3 3+$-.
>Se&. ,5. Sale, Administration, "ispensation, "eliver, $ransportation and "istribution of Regulated
"rugs. : The %e!()t* ' reclusion perpetua t 3e(th (!3 ( '#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3
%e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!* %e+"! 5h, $!)e"" ($th+#8e3 2* )(5, "h())
"e)), 3#"%e!"e, 3e)#4e+, t+(!"%+t + 3#"t+#2$te (!* +e-$)(te3 3+$-.
>Nt5#th"t(!3#!- the %+4#"#!" ' Se&t#! ;@ ' th#" A&t t the &!t+(+*, #' the 4#&t#1 ' the
''e!"e #" ( 1#!+, + "h$)3 ( +e-$)(te3 3+$- #!4)4e3 #! (!* ''e!"e $!3e+ th#" Se&t#! 2e the
%+?#1(te &($"e ' the 3e(th ' ( 4#&t#1 the+e', the 1(?#1$1 %e!()t* he+e#! %+4#3e3 "h()) 2e
#1%"e3.>
Se&. ,5. The+e "h()) 2e #!&+%+(te3 ('te+ Se&t#! ,5 ' A+t#&)e III ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3,
6!5! (" the D(!-e+$" D+$- A&t ' ,97;, ( !e5 "e&t#! t +e(3 (" '))5"=
>Se&. ,5:(. (aintenance of a den, dive or resort for regulated drug users. : The %e!()t* ' reclusion
perpetua t 3e(th (!3 ( '#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e
#1%"e3 $%! (!* %e+"! + -+$% ' %e+"!" 5h "h()) 1(#!t(#! ( 3e!, 3#4e + +e"+t 5he+e (!*
+e-$)(te3 3+$-" #" $"e3 #! (!* '+1, + 5he+e "$&h +e-$)(te3 3+$-" #! B$(!t#t#e" "%e&#'#e3 #! Se&t#! ;@,
%(+(-+(%h , ' th#" A&t (+e '$!3.
>Nt5#th"t(!3#!- the %+4#"#!" ' Se&t#! ;@ ' th#" A&t t the &!t+(+*, the 1(?#1$1 %e!()t* he+e#!
%+4#3e3 "h()) 2e #1%"e3 #! e4e+* &("e 5he+e ( +e-$)(te3 3+$- #" (31#!#"te+e3, 3e)#4e+e3 + ")3 t (
1#!+ 5h #" ())5e3 t $"e the "(1e #! "$&h %)(&e.
>Sh$)3 ( +e-$)(te3 3+$- 2e the %+?#1(te &($"e ' the 3e(th ' ( %e+"! $"#!- the "(1e #! "$&h 3e!,
3#4e + +e"+t, the 1(?#1$1 %e!()t* he+e#! %+4#3e3 "h()) 2e #1%"e3 ! the 1(#!t(#!e+
!t5#th"t(!3#!- the %+4#"#!" ' Se&t#! ;@ ' th#" A&t t the &!t+(+*.>
Se&. ,6. Se&t#! ,6 ' A+t#&)e III ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3, 6!5! (" the D(!-e+$" D+$-" A&t N.
6<;5, #" (1e!3e3 t +e(3 (" '))5"=
>Se&. ,6. #ossession or ,se of Regulated "rugs. : The %e!()t* ' +e&)$"#! %e+%et$( t 3e(th (!3 (
'#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"" "h()) 2e #1%"e3 $%! (!*
%e+"! 5h "h()) %""e"" + $"e (!* +e-$)(te3 3+$- 5#th$t the &++e"%!3#!- )#&e!"e +
%+e"&+#%t#!, "$27e&t t the %+4#"#!" ' Se&t#! ;@ he+e'.
Se&. ,7. Se&t#! ;@, A+t#&)e IV ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3, 6!5! (" the D(!-e+$" D+$-" A&t '
,97;, #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>Se&. ;@. Application of #enalties, !onfiscation and -orfeiture of the #roceeds or )nstruments of the
!rime. : The %e!()t#e" '+ ''e!"e" $!3e+ Se&t#! A, <, 7, D (!3 9 ' A+t#&)e II (!3 Se&t#!" ,<, ,<:A, ,5
(!3 ,6 ' A+t#&)e III ' th#" A&t "h()) 2e (%%)#e3 #' the 3(!-e+$" 3+$-" #!4)4e3 #" #! (!* ' the
'))5#!- B$(!t#t#e"=
,. <@ -+(1" + 1+e ' %#$10
;. <@ -+(1" + 1+e ' 1+%h#!e0
A. ;@@ -+(1" + 1+e ' "h(2$ + 1eth*)(1%het(1#!e h*3+&h)+#3e0
<. <@ -+(1" + 1+e ' he+#!0
5. 75@ -+(1" + 1+e ' #!3#(! he1% + 1(+#7$(!(0
6. 5@ -+(1" + 1+e ' 1(+#7$(!( +e"#! + 1(+#7$(!( +e"#! #)0
7. <@ -+(1" + 1+e ' &&(#!e + &&(#!e h*3+&h)+#3e0 +
D. I! the &("e ' the+ 3(!-e+$" 3+$-", the B$(!t#t* ' 5h#&h #" '(+ 2e*!3 the+(%e$t#& +eB$#+e1e!t",
(" 3ete+1#!e3 (!3 %+1$)-(te3 2* the D(!-e+$" D+$-" B(+3, ('te+ %$2)#& &!"$)t(t#!"Che(+#!-"
&!3$&te3 '+ the %$+%"e.
>Othe+5#"e, #' the B$(!t#t* #!4)4e3 #" )e"" th(! the '+e-#!- B$(!t#t#e", the %e!()t* "h()) +(!-e '+1
%+#"#! &++e&&#!() t +e&)$"#! %e+%et$( 3e%e!3#!- $%! the B$(!t#t*.
>E4e+* %e!()t* #1%"e3 '+ the $!)(5'$) #1%+t(t#!, "()e, (31#!#"t+(t#!, 3e)#4e+*, t+(!"%+t(t#! +
1(!$'(&t$+e ' 3(!-e+$" 3+$-", the &$)t#4(t#! ' %)(!t" 5h#&h (+e "$+&e" ' 3(!-e+$" 3+$-" (!3
the %""e""#! ' (!* %#$1 %#%e (!3 the+ %(+(%he+!()#( '+ 3(!-e+$" 3+$-" "h()) &(++* 5#th #t the
&!'#"&(t#! (!3 '+'e#t$+e, #! '(4+ ' the G4e+!1e!t, ' ()) the %+&ee3" ' the &+#1e #!&)$3#!- 2$t
!t )#1#te3 t 1!e* (!3 the+ 2t(#!e3 the+e2* (!3 the #!"t+$1e!t" + t)" 5#th 5h#&h #t 5("
&11#tte3, $!)e"" the* (+e the %+%e+t* ' ( th#+3 %e+"! !t )#(2)e '+ the ''e!"e, 2$t th"e 5h#&h (+e
!t ' )(5'$) &11e+&e "h()) 2e +3e+e3 3e"t+*e3 5#th$t 3e)(*. D(!-e+$" 3+$-" (!3 %)(!t "$+&e"
' "$&h 3+$-" (" 5e)) (" the %+&ee3" + #!"t+$1e!t" ' the &+#1e " &!'#"&(te3 (!3 '+'e#te3 #! '(4+ '
the G4e+!1e!t "h()) 2e t$+!e3 4e+ t the B(+3 '+ %+%e+ 3#"%"() 5#th$t 3e)(*.
>A!* (%%+ehe!3#!- + (++e"t#!- ''#&e+ 5h 1#"(%%+%+#(te" + 1#"(%%)#e" + '(#)" t (&&$!t '+
"e#8e3 + &!'#"&(te3 3(!-e+$" 3+$-" + %)(!t:"$+&e" ' 3(!-e+$" 3+$-" + %+&ee3" + #!"t+$1e!t"
' the &+#1e (" (+e he+e#! 3e'#!e3 "h()) ('te+ &!4#&t#! 2e %$!#"he3 2* the %e!()t* ' +e&)$"#!
%e+%et$( t 3e(th (!3 ( '#!e +(!-#!- '+1 '#4e h$!3+e3 th$"(!3 %e"" t te! 1#))#! %e"".>
Se&. ,D. The+e "h()) 2e #!&+%+(te3 ('te+ Se&t#! ;@ ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3, 6!5! (" the
D(!-e+$" D+$-" A&t ' ,97;, ( !e5 "e&t#! t +e(3 (" '))5"=
>Se&. ;@:A. #lea.bargaining #rovisions. : A!* %e+"! &h(+-e3 $!3e+ (!* %+4#"#! ' th#" A&t
5he+e the #1%"(2)e %e!()t* #" reclusion perpetua t 3e(th "h()) !t 2e ())5e3 t (4(#) ' the
%+4#"#! ! %)e( 2(+-(#!#!-.>
Se&. ,9. Se&t#! ;< ' Re%$2)#& A&t N. 6<;5, (" (1e!3e3, 6!5! (" the D(!-e+$" D+$-" A&t ' ,97;, #" he+e2*
(1e!3e3 t +e(3 (" '))5"=
>Se&. ;<. #enalties for /overnment 0fficial and Emploees and 0fficers and (embers of #olice
Agencies and the Armed -orces, 1#lanting1 of Evidence. : The 1(?#1$1 %e!()t#e" %+4#3e3 '+
Se&t#! A, <.,/, 5.,/, 6, 7, D, 9, ,,, ,; (!3 ,A ' A+t#&)e II (!3 Se&t#!" ,<, ,<:A, ,5.,/, ,6 (!3 ,9 '
A+t#&)e III "h()) 2e #1%"e3, #' th"e '$!3 -$#)t* ' (!* ' the "(#3 ''e!"e" (+e -4e+!1e!t
''#&#()", e1%)*ee" + ''#&e+", #!&)$3#!- 1e12e+" ' %)#&e (-e!&#e" (!3 the (+1e3 '+&e".

>A!* "$&h (24e -4e+!1e!t ''#&#(), e1%)*ee + ''#&e+ 5h #" '$!3 -$#)t* ' >%)(!t#!-> (!*
3(!-e+$" 3+$-" %$!#"he3 #! Se&t#!" A, <, 7, D, 9 (!3 ,A ' A+t#&)e II (!3 Se&t#!" ,<, ,<:A, ,5 (!3
,6 ' A+t#&)e III ' th#" A&t #! the %e+"! + #! the #11e3#(te 4#&#!#t* ' (!the+ (" e4#3e!&e t
#1%)#&(te the )(tte+, "h()) "$''e+ the "(1e %e!()t* (" the+e#! %+4#3e3.>
Se&. ;@. Se&. ,< ' Re%$2)#& A&t N. 65A9, (" (1e!3e3, 6!5! (" the A!t#:C(+!(%%#!- A&t ' ,97;, #" he+e2*
(1e!3e3 t +e(3 (" '))5"=
>Se&. ,<. #enalt for !arnapping. : A!* %e+"! 5h #" '$!3 -$#)t* ' &(+!(%%#!-, (" th#" te+1 #"
3e'#!e3 #! Se&t#! T5 ' th#" A&t, "h()), #++e"%e&t#4e ' the 4()$e ' 1t+ 4eh#&)e t(6e!, 2e
%$!#"he3 2* #1%+#"!1e!t '+ !t )e"" th(! '$+tee! *e(+" (!3 e#-ht 1!th" (!3 !t 1+e th(!
"e4e!tee! *e(+" (!3 '$+ 1!th", 5he! the &(+!(%%#!- #" &11#tte3 5#th$t 4#)e!&e +
#!t#1#3(t#! ' %e+"!", + '+&e $%! th#!-"0 (!3 2* #1%+#"!1e!t '+ !t )e"" th(! "e4e!tee!
*e(+" (!3 '$+ 1!th" (!3 !t 1+e th(! th#+t* *e(+", 5he! the &(+!(%%#!- #" &11#tte3 2*
1e(!" ' 4#)e!&e (-(#!"t + #!t#1#3(t#! ' (!* %e+"!, + '+&e $%! th#!-"0 (!3 the %e!()t* '
reclusion perpetua t 3e(th "h()) 2e #1%"e3 5he! the 5!e+, 3+#4e+ + &&$%(!t ' the &(+!(%%e3
1t+ 4eh#&)e #" 6#))e3 + +(%e3 #! the &$+"e ' the &11#""#! ' the &(+!(%%#!- + ! the
&&("#! the+e'.>
Se&. ;,. A+t#&)e ;7 ' the Re4#"e3 Pe!() C3e, (" (1e!3e3, #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. ;7. Reclusion perpetua. : The %e!()t* ' +e&)$"#! %e+%et$( "h()) 2e '+1 t5e!t* *e(+" (!3
!e 3(* t '+t* *e(+". chanrobles virtual law library
>Reclusion temporal. : The %e!()t* ' +e&)$"#! te1%+() "h()) 2e '+1 t5e)4e *e(+" (!3 !e 3(*
t t5e!t* *e(+".
P+#"#! 1(*+ (!3 te1%+(+* 3#"B$()#'#&(t#!. : The 3$+(t#! ' the %e!()t#e" ' %+#"#! 1(*+
(!3 te1%+(+* 3#"B$()#'#&(t#! "h()) 2e '+1 "#? *e(+" (!3 !e 3(* t t5e)4e *e(+", e?&e%t 5he!
the %e!()t* ' 3#"B$()#'#&(t#! #" #1%"e3 (" (! (&&e""+* %e!()t*, #! 5h#&h &("e, #t "h()) 2e th(t '
the %+#!&#%() %e!()t*.
"#rision correccional, suspension, and destierro. : The 3$+(t#! ' the %e!()t#e" ' %+#"#!
&++e&&#!(), "$"%e!"#!, (!3 3e"t#e++ "h()) 2e '+1 "#? 1!th" (!3 !e 3(* t "#? *e(+", e?&e%t
5he! the "$"%e!"#! #" #1%"e3 (" (! (&&e""+* %e!()t*, #! 5h#&h &("e, #t" 3$+(t#! "h()) 2e th(t '
the %+#!&#%() %e!()t*.
Arresto maor. : The 3$+(t#! ' the %e!()t* ' (++e"t 1(*+ "h()) 2e '+1 !e 1!th (!3 !e
3(* t "#? 1!th".
Arresto menor. : The 3$+(t#! ' the %e!()t* ' (++e"t 1e!+ "h()) 2e '+1 !e 3(* t th#+t* 3(*".
'ond to 2eep the peace. : The 2!3 t 6ee% the %e(&e "h()) 2e +eB$#+e3 t &4e+ "$&h %e+#3 ' t#1e
(" the &$+t 1(* 3ete+1#!e.>
Se&. ;;. A+t#&)e <7 ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. <7. )n %hat cases the death penalt shall not be imposed+ Automatic revie% of the "eath
#enalt !ases. : The 3e(th %e!()t* "h()) 2e #1%"e3 #! ()) &("e" #! 5h#&h #t 1$"t 2e #1%"e3 $!3e+
e?#"t#!- )(5", e?&e%t 5he! the -$#)t* %e+"! #" 2e)5 e#-htee! .,D/ *e(+" ' (-e (t the t#1e ' the
&11#""#! ' the &+#1e + #" 1+e th(! "e4e!t* *e(+" ' (-e + 5he! $%! (%%e() + ($t1(t#&
+e4#e5 ' the &("e 2* the S$%+e1e C$+t, the +eB$#+e3 1(7+#t* 4te #" !t 2t(#!e3 '+ the
#1%"#t#! ' the 3e(th %e!()t*, #! 5h#&h &("e" the %e!()t* "h()) 2e reclusion perpetua.
>I! ()) &("e" 5he+e the 3e(th %e!()t* #" #1%"e3 2* the t+#() &$+t, the +e&+3" "h()) 2e '+5(+3e3
t the S$%+e1e C$+t '+ ($t1(t#& +e4#e5 (!3 7$3-1e!t 2* the C$+t en banc, 5#th#! t5e!t*
.;@/ 3(*" 2$t !t e(+)#e+ th(! '#'tee! .,5/ 3(*" ('te+ %+1$)-(t#! ' the 7$3-1e!t + !t#&e '
3e!#() ' (!* 1t#! '+ !e5 t+#() + +e&!"#3e+(t#!. The t+(!"&+#%t "h()) ()" 2e '+5(+3e3
5#th#! te! .,@/ 3(*" '+1 the '#)#!- the+e' 2* the "te!-+(%h#& +e%+te+.>
Se&. ;A. A+t#&)e 6; ' the "(1e C3e, (" (1e!3e3, #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. 6;. Effects of the attendance of mitigating or aggravating circumstances and of habitual
delin3uenc. : M#t#-(t#!- + (--+(4(t#!- &#+&$1"t(!&e" (!3 h(2#t$() 3e)#!B$e!&* "h()) 2e t(6e!
#!t (&&$!t '+ the %$+%"e ' 3#1#!#"h#!- + #!&+e("#!- the %e!()t* #! &!'+1#t* 5#th the
'))5#!- +$)e"=
>,. A--+(4(t#!- &#+&$1"t(!&e" 5h#&h #! the1"e)4e" &!"t#t$te ( &+#1e "%e&#())*
%$!#"h(2)e 2* )(5 + 5h#&h (+e #!&)$3e3 2* the )(5 #! 3e'#!#!- ( &+#1e (!3
%+e"&+#2#!- the %e!()t* the+e'+ "h()) !t 2e t(6e! #!t (&&$!t '+ the %$+%"e '
#!&+e("#!- the %e!()t*.
>,.(/. Whe! #! the &11#""#! ' the &+#1e, (34(!t(-e 5(" t(6e! 2* the
''e!3e+ ' h#" %$2)#& %"#t#!, the %e!()t* t 2e #1%"e3 "h()) 2e #! #t"
1(?#1$1 +e-(+3)e"" ' 1#t#-(t#!- &#+&$1"t(!&e".

>The 1(?#1$1 %e!()t* "h()) 2e #1%"e3 #' the ''e!"e 5(" &11#tte3 2* (!* -+$% 5h 2e)!-" t (!
+-(!#8e3C"*!3#&(te3 &+#1e -+$%.
>A! +-(!#8e3C"*!3#&(te3 &+#1e -+$% 1e(!" ( -+$% ' t5 + 1+e %e+"!" &))(2+(t#!-,
&!'e3e+(t#!- + 1$t$())* he)%#!- !e (!the+ '+ %$+%"e" ' -(#! #! the &11#""#! ' (!* &+#1e.
>;. The "(1e +$)e "h()) (%%)* 5#th +e"%e&t t (!* (--+(4(t#!- &#+&$1"t(!&e" #!he+e!t
#! the &+#1e t "$&h ( 3e-+ee th(t #t 1$"t ' !e&e""#t* (&&1%(!* the &11#""#!
the+e'.
>A. A--+(4(t#!- + 1#t#-(t#!- &#+&$1"t(!&e" 5h#&h (+#"e '+1 the 1+() (tt+#2$te" '
the ''e!3e+, + '+1 h#" %+#4(te +e)(t#!" 5#th the ''e!3e3 %(+t*, ' '+1 (!* the+
%e+"!() &($"e, "h()) !)* "e+4e t (--+(4(te + 1#t#-(te the )#(2#)#t* ' the %+#!&#%()",
(&&1%)#&e" (!3 (&&e""+#e" (" t 5h1 "$&h &#+&$1"t(!&e" (+e (tte!3(!t.
><. The &#+&$1"t(!&e" 5h#&h &!"#"t #! the 1(te+#() e?e&$t#! ' the (&t, + #! the
1e(!" e1%)*e3 t (&&1%)#"h #t, "h()) "e+4e t (--+(4(te + 1#t#-(te the )#(2#)#t* '
th"e %e+"!" !)* 5h h(3 6!5)e3-e ' the1 (t the t#1e ' the e?e&$t#! ' the (&t
+ the#+ &%e+(t#! the+e#!.
>5. H(2#t$() 3e)#!B$e!&* "h()) h(4e the '))5#!- e''e&t"=
>.(/ U%! ( th#+3 &!4#&t#! the &$)%+#t "h()) 2e "e!te!&e3 t the %e!()t*
%+4#3e3 2* )(5 '+ the )("t &+#1e ' 5h#&h he 2e '$!3 -$#)t* (!3 t the
(33#t#!() %e!()t* ' prision correccional #! #t" 1e3#$1 (!3 1(?#1$1
%e+#3"0
>.2/ U%! ( '$+th &!4#&t#!, the &$)%+#t "h()) 2e "e!te!&e3 t the
%e!()t* %+4#3e3 '+ the )("t &+#1e + 5h#&h he 2e '$!3 -$#)t* (!3 t the
(33#t#!() %e!()t* ' %+#"#! 1(*+ #! #t" 1#!#1$1 (!3 1e3#$1 %e+#3"0
(!3
>.&/ U%! ( '#'th + (33#t#!() &!4#&t#!, the &$)%+#t "h()) 2e "e!te!&e3
t the %e!()t* %+4#3e3 '+ the )("t &+#1e ' 5h#&h he 2e '$!3 -$#)t* (!3
t the (33#t#!() %e!()t* ' prision maor #! #t" 1(?#1$1 %e+#3 t
reclusion temporal #! #t" 1#!#1$1 %e+#3.
>Nt5#th"t(!3#!- the %+4#"#!" ' th#" (+t#&)e, the tt() ' the t5 %e!()t#e" t 2e #1%"e3 $%!
the ''e!3e+, #! &!'+1#t* he+e5#th, "h()) #! ! &("e e?&ee3 A@ *e(+".
>F+ %$+%"e" ' th#" (+t#&)e, ( %e+"! "h()) 2e 3ee1e3 t 2e ( h(2#t$() 3e)#!B$e!t, #' 5#th#! (
%e+#3 ' te! *e(+" '+1 the 3(te ' h#" +e)e("e + )("t &!4#&t#! ' the &+#1e" ' "e+#$" + )e""
"e+#$" %h*"#&() #!7$+#e", +obo, hurto, estafa + '()"#'#&(t#!, he #" '$!3 -$#)t* ' (!* ' "(#3 &+#1e"
( th#+3 t#1e + 'te!e+.>
Se&. ;<. A+t#&)e D, ' the "(1e C3e, (" (1e!3e3, #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. D,. When and ho% the death penalt is to be executed. : The 3e(th "e!te!&e "h()) 2e e?e&$te3
5#th %+e'e+e!&e t (!* the+ (!3 "h()) &!"#"t #! %$tt#!- the %e+"! $!3e+ "e!te!&e t 3e(th 2*
e)e&t+&$t#!. The 3e(th "e!te!&e "h()) 2e e?e&$te3 $!3e+ the ($th+#t* ' the D#+e&t+ ' P+#"!",
e!3e(4+#!- " '(+ (" %""#2)e t 1#t#-(te the "$''e+#!-" ' the %e+"! $!3e+ the "e!te!&e 3$+#!-
e)e&t+&$t#! (" 5e)) (" 3$+#!- the %+&ee3#!-" %+#+ t the e?e&$t#!.
>I' the %e+"! $!3e+ "e!te!&e " 3e"#+e", he "h()) 2e (!(e"the"#8e3 (t the 11e!t ' the e?e&$t#!.
>A" "! (" '(&#)#t#e" (+e %+4#3e3 2* the B$+e($ ' P+#"!", the 1eth3 ' &(++*#!- $t the
"e!te!&e "h()) 2e &h(!-e3 t -(" %#"!#!-.
>The 3e(th "e!te!&e "h()) 2e &(++#e3 $t !t )(te+ th(! !e .,/ *e(+ ('te+ the 7$3-1e!t h(" 2e&1e
'#!().>
Se&. ;5. A+t#&)e DA ' the "(1e C3e #" he+e2* (1e!3e3 t +e(3 (" '))5"=
>A+t. DA. Suspension of the execution of the death sentence. : The 3e(th "e!te!&e "h()) !t 2e
#!')#&te3 $%! ( 51(! 5h#)e "he #" %+e-!(!t + 5#th#! !e .,/ *e(+ ('te+ 3e)#4e+*, !+ $%! (!*
%e+"! 4e+ "e4e!t* *e(+" ' (-e. I! th#" )("t &("e, the 3e(th "e!te!&e "h()) 2e &11$te3 t the
%e!()t* ' reclusion perpetua 5#th the (&&e""+* %e!()t#e" %+4#3e3 #! A+t#&)e <@.
>I! ()) &("e" 5he+e the 3e(th "e!te!&e h(" 2e&1e '#!(), the +e&+3" ' the &("e "h()) 2e '+5(+3e3
#11e3#(te)* 2* the S$%+e1e C$+t t the O''#&e ' the P+e"#3e!t '+ %""#2)e e?e+&#"e ' the
%(+3!#!- %5e+.>
Se&. ;6. A)) )(5", %+e"#3e!t#() 3e&+ee" (!3 #""$(!&e", e?e&$t#4e +3e+", +$)e" (!3 +e-$)(t#!" + %(+t" the+e'
#!&!"#"te!t 5#th the %+4#"#!" ' th#" A&t (+e he+e2* +e%e()e3 + 13#'#e3 (&&+3#!-)*.
Se&. ;7. I', '+ (!* +e("! + +e("!", (!* %(+t ' the %+4#"#! ' th#" A&t "h()) 2e he)3 t 2e $!&!"t#t$t#!() +
#!4()#3, the+ %(+t" + %+4#"#!" he+e' 5h#&h (+e !t (''e&te3 the+e2* "h()) &!t#!$e t 2e #! '$)) '+&e (!3
e''e&t.
Se&. ;D. Th#" A&t "h()) t(6e e''e&t '#'tee! .,5/ 3(*" ('te+ #t" %$2)#&(t#! #! t5 .;/ !(t#!() !e5"%(%e+" ' -e!e+()
&#+&$)(t#!. The %$2)#&(t#! "h()) !t 2e )(te+ th(! "e4e! .7/ 3(*" ('te+ the (%%+4() he+e'. chanrobles virtual
law library
Approved4 De&e12e+ ,A, ,99A
H#"t+* ' 3e(th %e!()t* #! the Ph#)#%%#!e"
The history of the death penalty was extensively discussed by the Supreme Court in People vs. Echegaray.[1 !s early
1""#$ capital punishment had entered the Philippine legal system through the old Penal Code$ which was a modified
version of the Spanish Penal Code of 1"%&.
The 'evised Penal Code$ which was enforced on 1 (anuary 1)*+$ provided for the death penalty in specified crimes
under specific circumstances. ,nder the 'evised Penal Code$ death is the penalty for the crimes of treason$
correspondence with the enemy during times of war$ -ualified piracy$ parricide$ murder$ infanticide$ .idnapping$ rape
with homicide or with the use of deadly weapon or by two or more persons resulting in insanity$ robbery with
homicide$ and arson resulting in death. The list of capital offenses lengthened as the legislature responded to the
emergencies of the times.
/n 1)01$ Commonwealth !ct 1C.!.2 3o. #1# added espionage to the list. /n the 1)4&s$ at the height of the 5u.
rebellion$ the government enacted 'epublic !ct 1'.!.2 3o. 1%&&$ otherwise .nown as the !nti6Subversion 7aw$
which carried the death penalty for leaders of the rebellion. 8rom 1)%1 to 1)%+$ more capital offenses were created by
more laws$ among them$ the !nti65i9ac.ing 7aw$ the :angerous :rugs !ct$ and the !nti6Carnapping 7aw. :uring
martial law$ Presidential :ecree 1P.:.2 3o. 1"## was enacted penali;ing with death$ among others$ crimes involving
homicide committed with an unlicensed firearm.
/n the aftermath of the 1)"# revolution that dismantled the <arcos regime and led to the nullification of the 1)%*
Constitution$ a new constitution was drafted and ratified. The 1)"% Constitution provides in !rticle ///$ Section 1) 112
that=
Excessive fines shall not be imposed$ nor cruel$ degrading or inhuman punishment inflicted. 3either
shall death penalty be imposed$ unless$ for compelling reasons involving heinous crimes$ the Congress
hereafter provides for it. !ny death penalty already imposed shall be reduced to reclusion perpetua.
Congress passed 'epublic !ct 3o. %#4) 1entitled >!n !ct to /mpose the :eath Penalty on Certain 5einous Crimes$
!mending for that Purpose the 'evised Penal Code$ as !mended$ ?ther Special Penal 7aws$ and for ?ther
Purposes>2$ which too. effect on *1 :ecember 1))*.
C!"t#t$t#!() &h())e!-e
This is extensively discussed in the case of People vs. Echegaray. 18or editing2
A2)#t#! ' 3e(th %e!()t*
?n +0 (une +&&#$ President @loria <acapagal6!rroyo signed into law 'epublic !ct 3o. )*0#$ entitled >!n !ct
Prohibiting the /mposition of :eath Penalty in the Philippines>.
E''e&t#4#t* ' the !e5 )(5
Section 4 of '.!. 3o. )*0# specifically provides that it shall ta.e effect immediately after its publication in two
national newspapers of general circulation. This is pursuant to !rticle + of the Civil Code which provides that laws
shall ta.e effect after 14 days following the completion of their publication either in the ?fficial @a;ette$ or in a
newspaper of general circulation in the Philippines$ unless it is otherwise provided.
'.!. 3o. )*0# was published in <alaya and <anila Times$ two national newspapers of general circulation on +) (une
+&&#. !ccordingly$ '.!. 3o. )*0# too. effect on *& (une +&&#.[+
I))$"t+(t#4e &("e"
!s a result of the abolition of the death penalty$ existing penalties for death were reduced to reclusion perpetua$ within
the possibility of parole. 5ere are illustrative cases=
The case of Pe%)e ' the Ph#)#%%#!e" 4". E$#(&h![* involves an accused who raped his "6year old daughter$ a
deaf6mute. ,nder !rticle +##6A of the 'evised Penal Code$ the imposable penalty should have been death. Bith the
abolition of the :eath Penalty$ however$ the penalty was reduced to reclusion perpetua$ without the possibility of
parole under the /ndeterminate Sentence 7aw.
The case of Pe%)e ' the Ph#)#%%#!e" 4". S(!t"[0 involves the rape of a 46year old child. The accused was meted
the penalty of death because rape committed against a Cchild below seven 1%2 years oldD is a dastardly and repulsive
crime which merits no less than the imposition of capital punishment under !rticle +##6A of the 'evised Penal Code.
The sentence was also reduced to reclusion perpetua$ without the possibility of parole.
The case of Pe%)e 4". S()1e[4 involves a rape of a 1*6year old girl 1who got pregnant2$ committed in a dwelling
and with the aid of a bladed weapon. The imposable penalty should have been death$ but with the abolition of the
:eath Penalty$ the Supreme Court reduced the penalty to reclusion perpetua$ without the possibility of parole.
The case of Pe%)e ' the Ph#)#%%#!e" 4". T$2!-2(!$([# involves the murder of a victim who suffered 1" stab
wounds which were all directed to her chest$ heart and lungs. Considering the existence of the -ualifying circumstance
of evident premeditation and the aggravating circumstances of dwelling$ and ta.ing advantage of superior strength
without any mitigating circumstance$ the proper imposable penalty would have been death. 5owever$ with the
abolition of the death penalty law$ the penalty imposed was reclusion perpetua$ without the possibility of parole.
Re'e+e!&e"
1. E People vs. Echegaray$ @.'. 3o. 11%0%+$ % 8ebruary 1))%
+. E $ @.'. 1%1+%1$ *1 People of the Philippines vs. Tubongbanua!ugust +&&#
*. E @.'. 1%&+*#$ *1 !ugust +&&#
0. E @.'. 1%+*++$ " September +&&#
4. E @.'. 1#)&%%$ *1 !ugust +&&#
#. E @.'. 1%1+%1$ *1 !ugust +&&#
'epublic of the Philippines
SUPREME COURT
<anila
E3 A!3C
G.R. N. ,7,;7, A$-$"t A,, ;@@6
PEOPLE OF THE PHILIPPINES, !ppellee$
vs.
ELBERTO TUBONGBANUA * PAHILANGA, !ppellant.
: E C / S / ? 3
YNARES:SANTIAGO, 5.4
!ppellant Elberto Tubongbanua was charged with the crime of murder in an amended /nformation
1
that reads=
That on or about the 1+th of 8ebruary$ +&&1$ in the <unicipality of San (uan$ <etro <anila$ Philippines and within
the 9urisdiction of this 5onorable Court$ the above named accused$ with intent to .ill and with evident premeditation$
treachery$ ta.ing advantage of superior strength$ did then and there willfully$ unlawfully and feloniously attac.$
assault and stab Evelyn Fho y Sua on the different parts of her body with the use of a deadly weapon$ thereby
inflicting upon said Evelyn Fho y Sua stab wounds$ which directly caused her deathG that the act was committed
inside the dwelling of Evelyn Fho y Sua and with insult or in disregard of the respect due to the offended party on
account of his 1sic2 ran.$ age or sex.
C?3T'!'H T? 7!B.
Bhen arraigned$ appellant pleaded not guilty and trial on the merits ensued.
The facts are as follows=
!ccused was employed as a family driver by !tty. Evelyn Sua6Fho since 1))". The latter wor.ed as the managing
partner of the 7awyerDs !dvocate Circle$ a law firm operated as a sole proprietorship$ and located at +*&+ !tlanta
Center$ *1 !napolis St.$ @reenhills$ San (uan$ <.<. !ccused was initially paid P#$&&&.&& a month as wages$ aside
from boarding$ food$ overtime and extra pay$ which he received when he did extra driving and other wor. for !tty.
Sua6FhoDs family.
?n 8ebruary 1+$ +&&1$ at around #=&& oDcloc. in the evening$ the accused drove !tty. Sua Fho to her condominium
unit at 1%&+ Platinum +&&&$ !napolis St.$ @reenhills$ San (un <.<. !fter handing his employerDs bag to <arissa
5iso$ the housemaid$ accused proceeded to the .itchen where he dran. a glass of water. !lso in the condominium unit
were !tty. Sua6FhoDs three year old daughter /ssa and her nanny$ 3elie <aglasang. !fter tal.ing and playing with her
daughter for a few minutes$ !tty. Sua6Fho emerged from the bedroom to tal. with the accused. Shortly thereafter$
<arrisa heard her employer screaming$ and she saw the accused stabbing her with their .itchen .nife. She tried to
stop the accused$ shouting >Fuya AertI>$ but the latter continued to stab !tty. Sua6Fho. <eanwhile$ 3elie also heard
her employerDs screams$ and loc.ed herself with /ssa in the masterDs bathroom. Bhen she peeped6out from her hiding
place$ she saw <arissa$ whom she signaled to go downstairs for help. The latter did so$ and sought help from the
security guard. 3ellie$ meanwhile called !tty. Sua6FhoDs father$ <arcelino Sua$ and husband$ :aniel Fho$ on the
bedroom phone.
Bhen <arcelino Sua arrived$ he saw <arissa and a security guard in front of the condominium unit. Bhen they
entered$ they saw the bloodied and unmoving body of !tty. Sua6Fho sprawled on the floor. <arcelino then brought
his daughter to the Cardinal Santos <emorial 5ospital$ where doctors tried to revive her$ but failed. The accused$
meanwhile$ fled$ using the victimDs car. 5e was arrested soon afterwards in Calapan$ <indoro$ while on his way to his
home province.
,pon examination of the victimDs body$ :r. Edgardo 'odrigue; Jida found that she suffered eighteen 11"2 stab
wounds and three 1*2 incise wounds aside from other minor in9uries. The stab wounds on her chest were considered
fatal as they affected both lungs$ the main blood vessel of the heart and the heart itself. There were four stab wounds
on the heart$ one on the right lung and four on the left lung. !ccording to the doctor$ the wounds could have been
caused by a sharp single6bladed ob9ect and that the incise wounds found on the left forearm$ right wrist and left leg
could have been inflicted while !tty. Sua6Fho tried to parry the blows.
<arian !-uino$ legal secretary of the 7awyerDs !dvocate Circle$ where the victim wor.ed$ related that prior to the
.illing of !tty. Sua6Fho$ the accused had confided to her about his grudges against the victim$ such as being given
spoiled food$ that his meals were being measured$ that he wor.ed long hours of the day and served many bosses. ?n
8ebruary 11$ +&&1$ accused spent the day at her boarding house where he told her he could no longer ta.e the way
!tty. Sua6Fho treated him. 7ater he said >nadedemonyo na a.o> and that he would finish !tty. Sua6Fho. 5e would hit
her at the bac.$ very deep$ and he would ma.e sure that she would die. Then he would go to the province$ his territory$
where he could not be followed.
!tty. (oel Aaguio$ an associate at the 7awyerDs !dvocate Circle$ also testified that before the .illing$ the accused told
him of his grudges against !tty. Sua6Fho$ li.e his being scolded for being late$ and being called a thief$ a .iller$ and
ex6convict and other bad names. ?n 8ebruary 1+$ +&&1$ the accused also told him not to get too close$ as he might get
involved in what was going to happen.
The accused$ on the other hand$ raised the defense of self6defense. !tty. Sua6Fho$ he testified$ didnDt want her
husband to .now that she had been ta.ing trips with a company guest$ a certain Phillip 'obinson$ to Puerto !;ul and
:arana. 8alls in Tanay. She warned the accused that something bad would happen to him if her husband would learn
about it. /n the evening of 8ebruary 1+$ +&&1$ !tty. Sua6Fho urged accused to go to her fatherDs house$ because her
husband :aniel Fho would be arriving. !s she and the accused argued about Phillip 'obinson$ the former got a .nife
and stabbed him with it$ catching him on the wrist. !ccused managed to wrest control of the .nife$ and with it$
stabbed !tty. Sua6Fho three or four times. !fter he stabbed her he was shoc.ed and left the place using the victimDs
car. 5e fled to <indoro where he allegedly surrendered to the police.
+
?n <arch +#$ +&&+$ the 'egional Trial Court of Pasig City$ Aranch 1#*$ rendered 9udgment$ the dispositive portion of
which reads=
B5E'E8?'E$ accused$ Elberto Tubongbanua y Pahilanga$ is found @,/7TH beyond reasonable doubt of the crime
of murder under !rticle +0" of the 'evised Penal Code and is sentenced to suffer the severe penalty of death by lethal
in9ection with all the accessory penalties provided by law and to pay the costs.
?n the civil liability of the accused$ he is ordered to pay the legal heirs of the victim actual$ moral$ nominal$
exemplary and temperate damages in the respective sums of P+)"$+&+.+4$ P4&$&&&.&&$ P+&&$&&&.&&$ P+&&$&&&.&& and
P4&$&&&.&&. 5e is also ordered to pay the victimDs heirs P4&$&&&.&& for the loss of the victimDs life$ all with interest
thereon at the legal rate of # percent per annum from this date until fully paid.
S? ?':E'E:.
*
The case was elevated to this Court because the penalty imposed was death. 5owever$ pursuant to our ruling in People
v. <ateo$
0
the case was transferred and referred to the Court of !ppeals.
4
?n ?ctober +1$ +&&4$ the Court of !ppeals affirmed with modifications the decision of the trial court. The dispositive
portion of the decision reads=
B5E'E8?'E$ the :ecision of the 'egional Trial Court of Pasig City is hereby !88/'<E: with
<?:/8/C!T/?3S$ in that$ the accused6appellant$ having been found guilty beyond reasonable doubt of <urder$ is
hereby sentenced to :eath. 5e is ordered to indemnify the heirs of the victim the following=
112 P4&$&&&.&& as civil indemnityG
1+2 P4&$&&&.&& as moral damagesG
1*2 P+)"$+&+.+4 as actual damagesG and
102 P4&$&&&.&& as exemplary damages
The awards of temperate and nominal damages are hereby :E7ETE:.
Since the imposition of the death penalty in this case was affirmed$ this :ecision and the complete records of this case
are hereby ordered T'!3S</TTE: to the Supreme Court on automatic review$ immediately upon the promulgation
of this :ecision.
S? ?':E'E:.
#
The Court of !ppeals disregarded appellantDs claim of self defense for lac. of evidence and for being incredible
considering the number and location of wounds sustained by the victim and his flight from the crime scene. /t also
noted that treachery did not attend the commission of the crime as there were no particulars as to how the .illing
began or executed.
5owever$ the appellate court found that evident premeditation was ade-uately established which -ualified the .illing
to murder. 7i.ewise$ it appreciated abuse of superior strength as an aggravating circumstance.
!s regards the aggravating circumstances of dwelling and insult to the ran.$ sex and age of the victim$ the Court of
!ppeals noted that these circumstances were included as amendments to the information after the presentation by the
prosecution of its evidence. !s such$ the same should not be allowed because it will pre9udice the rights of the
appellant.
/n a 'esolution dated <arch %$ +&&#$ we re-uired both parties to file supplemental briefs. The ?ffice of the Solicitor
@eneral manifested that it will no longer be filing a supplemental brief. ?n the other hand$ appellant insisted on his
theory of self defense and prayed for his ac-uittal.
Be agree with the findings of the trial court and the Court of !ppeals that appellantDs claim of self6defense is self6
serving hence should not be given credence. /n Cabuslay v. People$
%
we ruled that=
?ne who invo.es self defense admits responsibility for the .illing. !ccordingly$ the burden of proof shifts to the
accused who must then prove the 9ustifying circumstance. 5e must show by clear and convincing evidence that he
indeed acted in self6defense$ or in defense of a relative or a stranger. Bith clear and convincing evidence$ all the
following elements of self defense must be established= 112 unlawful aggression on the part of the victimG 1+2
reasonable necessity of the means employed to prevent or repel itG and 1*2 lac. of sufficient provocation on the part of
the person claiming self defense.
!ppellantDs version of the stabbing incident does not inspire belief. 5is testimony that it was !tty. Sua6Fho who
attac.ed him is uncorroborated and improbable. !ppellantDs alleged use of reasonable means to repel the aggression is
also untenable considering the nature and number of wounds inflicted on the victim which demonstrate a determined
effort to .ill the victim and not 9ust defend oneself.
"
Be note that the victim suffered 1" stab wounds which were all
directed to her chest$ heart and lungs. She also had incised wounds which were inflicted while she was parrying the
blows coming from the appellant. /n fact$ appellant testified that !tty. Sua6Fho was running away from him but he
still pursued her and inflicted the fatal wounds=
K= !ccording to you$ !tty. launched at you and you covered and cut on your left hand and that was the time you got
the .nife and what happened after thatL
!= Bhat / remember is that she went inside.
K= So$ she run 1sic2 away from you$ is that what you are sayingL
!= Bhen / was hit and / was able to stab her$ she ran towards the room.
K= So she was trying to avoid [you after she stabbed you the first timeL
!= / do not .now$ what / .now is that when / stabbed her$ she went inside the room.
K= Bhat part of the body did you hit her the first timeL
!= !t the abdominal area$ sir.
K= !fter that initial wound$ !tty. Fho run 1sic2 towards the room$ is that correctL
!= Bhat / remember$ she run 1sic2$ sir.
)
<oreover$ appellantDs act of fleeing from the crime scene instead of reporting the incident to the police authorities is
contrary to his proclaimed innocence but highly indicative of guilt and negate his claim of self defense.
1&

Be agree with the Court of !ppeals that the -ualifying circumstance of treachery was not present. Treachery under
paragraph 1# of !rticle 10 of the 'evised Penal Code is defined as the deliberate employment of means$ methods$ or
forms in the execution of a crime against persons which tend directly and specially to insure its execution$ without ris.
to the offender arising from the defense which the intended victim might raise. 8or treachery to be present$ two
conditions must concur= 1a2 the employment of means of execution which would ensure the safety of the offender
from defensive and retaliatory acts of the victim$ giving the victim no opportunity to defend himselfG and 1b2 the
means$ method and manner of the execution were deliberately and consciously adopted by the offender.
11
Treachery
cannot be presumedG it must be proved by clear and convincing evidence or as conclusively as the .illing itself.
1+
/n the instant case$ there is no proof on how the attac. was commenced. Bhere no particulars are .nown as to the
manner in which the aggression was made or how the act which resulted in the death of the victim began and
developed$ it can in no way be established from mere suppositions that the .illing was perpetrated by treachery.
1*

Be find however that evident premeditation and ta.ing advantage of superior strength attended the .illing.
7i.e any other circumstance that -ualifies a .illing as murder$ evident premeditation must be established by clear and
positive evidenceG
10
that is$ by proof beyond reasonable doubt.
14
The essence of premeditation is that the execution
of the act was preceded by cool thought and reflections upon the resolution to carry out the criminal intent during a
space of time sufficient to arrive at a calm 9udgment. To be considered$ the following elements must be proven= 112 the
time when the accused decided to commit the crimeG 1+2 an overt act manifestly indicating that he has clung to his
determinationG and 1*2 sufficient lapse of time between the decision and the execution$ to allow the accused to reflect
upon the conse-uences of his act.
1#
Prosecution witnesses <arian !-uino and !tty. (oel Aaguio testified as to appellantDs state of mind and predisposition
to avenge the alleged maltreatment by the victim. Aoth witnesses testified on appellantDs ill6plans against his employer
the day prior to the crime. !bsent evidence showing any reason or motive for the witnesses to falsely testify against
the appellant$ the logical conclusion is that no such improper motive exists and their testimonies should be accorded
full faith and credit. Thus$ the lower courts correctly concluded that evident premeditation attended the commission of
the crime.
!ppellant li.ewise too. advantage of his superior strength to perpetuate the criminal act. 5e .illed !tty. Sua6Fho by
overpowering her and driving the murder weapon into her body several times$ despite her attempts to parry the blows.
5e could not have executed the dastardly act without employing physical superiority over the victim. /n People v.
Espina$
1%
we have ruled that an attac. by a man with a deadly weapon upon an unarmed and defenseless woman
constitutes the circumstance of abuse of that superiority which his sex and the weapon used in the act afforded him$
and from which the woman was unable to defend herself.
Be find$ however$ that the Court of !ppeals erred in not allowing the amendments in the information regarding the
aggravating circumstances of dwelling and insult or disregard of the respect due to ran.$ age or sex. Section 10$ 'ule
11& of the 'ules of Court$
1"
provides that an amendment after the plea of the accused is permitted only as to matters
of form$ provided leave of court is obtained and such amendment is not pre9udicial to the rights of the accused. !
substantial amendment is not permitted after the accused had already been arraigned.
1)
/n Teehankee, Jr. v. Madayag$
+&
we had the occasion to distinguish between substantial and formal amendments=
! substantial amendment consists of the recital of facts constituting the offense charged and determinative of the
9urisdiction of the court. !ll other matters are merely of form. Thus$ the following have been held to be merely formal
amendments$ vi;.= 112 new allegations which relate only to the range of the penalty that the court might impose in the
event of convictionG 1+2 an amendment which does not charge another offense different or distinct from that charged in
the original oneG 1*2 additional allegations which do not alter the prosecutionDs theory of the case so as to cause
surprise to the accused and affect the form of defense he has or will assumeG and 102 an amendment which does not
adversely affect any substantial right of the accused$ such as his right to invo.e prescription.
The test as to whether an amendment is only of form and an accused is not pre9udiced by such amendment is whether
or not a defense under the information as it originally stood would be e-ually available after the amendment is made$
and whether or not any evidence which the accused might have would be e-ually applicable to the information in one
form as in the otherG if the answer is in the affirmative$ the amendment is one of form and not of substance.
+1
Tested against these guidelines$ the insertion of the aggravating circumstances of dwelling and insult or disregard of
the respect due to ran.$ age$ or sex of the victim is clearly a formal$ not a substantial$ amendment. These amendments
do not have the effect of charging another offense different or distinct from the charge of murder as contained in the
original information. They relate only to the range of the penalty that the court might impose in the event of
conviction. The amendment did not adversely affect any substantial right of appellant.
++
Aesides$ appellant never
ob9ected to the presentation of evidence to prove the aggravating circumstances of dwelling and insult or in disregard
of the respect due to the offended party on account of ran.$ age or sex.
+*
Bithout any ob9ection by the defense$ the
defect is deemed waived.
+0
There is no dispute that !tty. Sua6Fho was .illed in her home. !ppellant could have .illed her elsewhere but he
decided to commit the crime at her homeG thus we appreciate the aggravating circumstance of dwelling. 5owever$ it
was not convincingly shown that appellant deliberately intended to offend or disregard the respect due to ran.$ age$ or
sex of !tty. Sua6Fho. The motive for the murder was his grudge against the victim and not because she was a lawyer
and his employer. 3either did appellant too. into consideration the age of !tty. Sua6Fho and the fact that she is a
woman when he .illed her.
!rticle +0" of the 'evised Penal Code$
+4
as amended by '.!. 3o. %#4)$
+#
prescribes the penalty of reclusion
perpetua to death for the crime of murder. Considering the -ualifying circumstance of evident premeditation and the
aggravating circumstances of dwelling$ and ta.ing advantage of superior strength without any mitigating
circumstance$ the proper imposable penalty would have been death.
+%
5owever$ in view of the enactment of 'epublic !ct 3o. )*0# or the !ct Prohibiting the /mposition of :eath Penalty
on (une +0$ +&&#
+"
$ the penalty that should be meted is reclusion perpetua$ thus=
SECT/?3 1. The imposition of the penalty of death is hereby prohibited. !ccordingly$ 'epublic !ct 3o. Eight
Thousand ?ne 5undred Seventy6Seven 1'.!. 3o. "1%%2$ otherwise .nown as the !ct :esignating :eath by 7ethal
/n9ection is hereby repealed. 'epublic !ct 3o. Seven Thousand Six 5undred 8ifty63ine 1'.!. 3o. %#4)2$ otherwise
.nown as the :eath Penalty 7aw and all other laws$ executive orders and decrees insofar as they impose the death
penalty are hereby repealed or amended accordingly.
SEC. +. /n lieu of the death penalty$ the following shall be imposed=
1a2 the penalty of reclusion perpetua$ when the law violated ma.es use of the nomenclature of the penalties of the
'evised Penal CodeG or
1b2 the penalty of life imprisonment$ when the law violated does not ma.e use of the nomenclature of the penalties of
the 'evised Penal Code.
Pursuant to the same law$ appellant shall not be eligible for parole under !ct 3o. 01&*$ otherwise .nown as the
/ndeterminate Sentence 7aw.
'egarding damages$ when death occurs due to a crime$ the following may be recovered= 112 civil indemnity ex delicto
for the death of the victimG 1+2 actual or compensatory damagesG 1*2 moral damagesG 102 exemplary damagesG 142
attorneyMs fees and expenses of litigation$ and 1#2 interest$ in proper cases.
+)
Be affirm the monetary awards granted by the Court of !ppeals but modify the amount of actual damages and
exemplary damages.
The award for civil indemnity is mandatory and is granted to the heirs of the victim without need of proof other than
the commission of the crime. 5ence$ based on recent 9urisprudence$ the award of civil indemnity ex delicto of
P%4$&&&.&& for the heirs !tty. Sua6Fho is in order.
!ctual or compensatory damages are those awarded in order to compensate a party for an in9ury or loss he suffered.
They arise out of a sense of natural 9ustice and are aimed at repairing the wrong done.
*&
To be recoverable$ actual
and compensatory damages must be duly proved with reasonable degree of certainty.
*1
/n the present case$ the award
of actual damages of P+)"$+1&.+4
*+
is correct$ considering that the said amount has been duly proven.
The Court of !ppeals correctly awarded moral damages in the amount of P4&$&&&.&& in view of the violent death of
the victim and the resultant grief of her family.
!rticle ++*& of the Civil Code specifically states that exemplary damages may be imposed when the crime was
committed with one or more aggravating circumstances$ as in this case. <oreover$ as an example and deterrent to
future similar transgressions$ the Court finds that an award of P+4$&&&.&& for exemplary damages is proper.
WHEREFORE$ the :ecision of the Court of !ppeals in C!6@.'. C' 5C 3o. &1*##$ is AFFIRMED 5#th
MODIFICATION. !ppellant Elberto Tubongbanua y Pahilanga isfound GUILTY beyond reasonable doubt of
MURDER as defined in !rticle +0" of the 'evised Penal Code$ as amended by 'epublic !ct 3o. %#4)$ -ualified by
evident premeditation and with the attendant aggravating circumstances of ta.ing advantage of superior strength and
dwelling$ with no mitigating circumstances. The proper imposable penalty would have been death. 5owever$ pursuant
to 'epublic !ct 3o. )*0#$ appellant is sentenced to suffer the penalty of 'eclusion Perpetua without possibility of
parole. The appellant is ?':E'E: to pay the heirs of !tty. Evelyn Sua6Fho$ the amounts of P%4$&&&.&& as civil
indemnityG P+)"$+1&.+4 as actual damagesG 4&$&&&.&& as moral damagesG and P+4$&&&.&& as exemplary damagesG all
with interest at the legal rate of six percent 1#N2 per annum from this date until fully paid.
S? ?':E'E:.
CASE !"EST# ".$. %o. &'()*+, August *&, )((+
Cri,inal -a., Penalties, $ape
8!CTS=
!ppellant 'oberto Kuiachon was charged with the crime of -ualified rape committed against her eight6year6old deaf6
mute daughter in +&&1. Fey witnesses for the prosecution were the victim and her 116year6old brotherG for the defense$
it was appellantDs mere bare denial. The victimDs testimony was supported by medico6legal findings indicating rape.
The trial court found the appellant guilty and sentenced him to death plus payment of damages. ?n automatic appeal$
the Court of !ppeals affirmed the decision and also imposed civil indemnity. 3otably$ 'epublic !ct )*0# was enacted
on (une +0$ +&&# prohibiting the imposition of the death penalty.
/SS,ES=
1.2 Bhether or not appellant is guilty of rape based on the evidence presentedL
+.2 Bhether or not death was still the proper penalty imposed in view of '! )*0#$ considering that the crime was
committed before the lawDs enactmentL
*.2 That in case death penalty is reduced to reclusion perpetua$ is civil indemnity still properL
5E7:=
?n the first issue$ the Court finds the accused guilty. /n rape cases$ the credibility of complainantMs testimony is the
primordial consideration in determining if accused is guilty$ and the trial court is in a better position to determine
such$ having the full opportunity to observe directly the witnessesM behavior. The victimDs testimony was >simple$
straightforward$ unsha.en by a rigid cross6examination$ and unflawed by inconsistency or contradiction.> /t was
further corroborated by the medico6legal report. 8rom this damning evidence$ appellantMs simple denial of the charge
against him must fail.
?n the second issue$ reclusion perpetua$ not death penalty$ is the proper penalty in this case in view of '! )*0#.
!lthough the crime was committed before the law was enacted$ /avorabilia sunt a,plianda adiosa restrigenda$ or
penal laws which are favorable to accused are given retroactive effect. 1!rticle ++$ 'evised Penal Code2 Aut appellant
is not eligible for parole because Section * of '! )*0# provides that >persons convicted of offenses punished with
reclusion perpetua$ or whose sentences will be reduced to reclusion perpetua by reason of the law$ shall not be eligible
for parole.>
?n the third issue$ even if the penalty of death is not to be imposed because of the prohibition in '! )*0#$ civil
indemnity is still proper because it is not dependent on the actual imposition of the death penalty but on the fact that
-ualifying circumstances warranting the imposition of the death penalty attended the commission of the offense. The
award of civil indemnity shows >not only a reaction to the apathetic societal perception of the penal law and the
financial fluctuations over time but also the expression of the displeasure of the court of the incidence of heinous
crimes against chastity.>
Be previously wrote that on +0 (une +&&#$ President @loria <acapagal6!rroyo signed into law 'epublic !ct 3o.
)*0#$ entitled 0An Act Prohibiting the !,position o/ eath Penalty in the PhilippinesC. 7etDs examine the Supreme
Court decisions after the abolition of the :eath Penalty.
The case of People of the Philippines vs. Kuiachon 1@.'. 1%&+*#$ *1 !,gust +&&#2 involves an accused who raped
his "6year old daughter$ a deaf6mute. ,nder !rticle +##6A of the 'evised Penal Code$ the imposable penalty should
have been death. Bith the abolition of the :eath Penalty$ however$ the penalty was reduced to reclusion perpetua$
without the possibility of parole under the /ndeterminate Sentence 7aw.
The case of People of the Philippines vs. Santos 1@.'. 1%+*++$ " September +&&#2 involves the rape of a 46year old
child. The accused was meted the penalty of death because rape committed against a Cchild below seven 1%2 years oldD
is a dastardly and repulsive crime which merits no less than the imposition of capital punishment under !rticle +##6A
of the 'evised Penal Code. The sentence was also reduced to reclusion perpetua$ without the possibility of parole.
The case of People vs. Salome 1@.'. 1#)&%%$ *1 !ugust +&&#2 involves a rape of a 1*6year old girl 1who got
pregnant2$ committed in a dwelling and with the aid of a bladed weapon. The imposable penalty should have been
death$ but with the abolition of the :eath Penalty$ the Supreme Court reduced the penalty to reclusion perpetua$
without the possibility of parole.
The case of People of the Philippines vs. Tubongbanua 1@.'. 1%1+%1$ *1 !ugust +&&#2 involves the murder of a
victim who suffered 1" stab wounds which were all directed to her chest$ heart and lungs. Considering the existence
of the -ualifying circumstance of evident premeditation and the aggravating circumstances of dwelling$ and ta.ing
advantage of superior strength without any mitigating circumstance$ the proper imposable penalty would have been
death. 5owever$ with the abolition of the death penalty law$ the penalty imposed was reclusion perpetua$ without the
possibility of parole.
This is really the end of this article$ but for the the law6inclined$ we hasten to add that in Tubongbanua$ the Supreme
Court stated that the insertion of the aggravating circumstances of dwelling and insult or disregard of the respect due
to ran.$ age$ or sex of the victim is clearly a formal$ not a substantial$ amendment. These amendments do not have the
effect of charging another offense different or distinct from the charge of murder as contained in the original
information. They relate only to the range of the penalty that the court might impose in the event of conviction. The
amendment did not adversely affect any substantial right of appellant. Aesides$ appellant never ob9ected to the
presentation of evidence to prove the aggravating circumstances of dwelling and insult or in disregard of the respect
due to the offended party on account of ran.$ age or sex. Bithout any ob9ection by the defense$ the defect is deemed
waived.
Still in Tubongbanua$ the Supreme Court cited People vs. <ateo 1@.'. 3os. 10%#%"6"%$ (uly %$ +&&0$ 0** SC'!
#0&2. /n Mateo$ the Supreme Court first allowed an intermediate appeal to the Court of !ppeals in criminal cases in
which the penalty imposed is death$ reclusion perpetua or life imprisonment 1or lower but involving offenses
committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for
which the penalty of death$ reclusion perpetua$ or life imprisonment is imposed2. Aefore$ cases involving the said
penalties are raised on automatic review directly to the Supreme Court.
/n passing$ during the deliberations among the members of the Court$ there has been a mar.ed absence
of unanimity on the crucial point of guilt or innocence of herein appellant. Some are convinced that the
evidence would appear to be sufficient to convictG some would accept the recommendation of ac-uittal
from the Solicitor @eneral on the ground of inade-uate proof of guilt beyond reasonable doubt. /ndeed$
the occasion best demonstrates the typical dilemma$ i.e.$ the determination and appreciation of primarily
factual matters$ which the Supreme Court has had to face with in automatic review casesG yet$ it is the
Court of !ppeals that has aptly been given the direct mandate to review factual issues.
Bhile the 8undamental 7aw re-uires a mandatory review by the Supreme Court of cases where the
penalty imposed is reclusion perpetua$ life imprisonment$ or death$ nowhere$ however$ has it proscribed
an intermediate review. /f only to ensure utmost circumspection before the penalty of death$ reclusion
perpetua or life imprisonment is imposed$ the Court now deems it wise and compelling to provide in
these cases a review by the Court of !ppeals before the case is elevated to the Supreme Court. Bhere
life and liberty are at sta.e$ all possible avenues to determine his guilt or innocence must be accorded an
accused$ and no care in the evaluation of the facts can ever be overdone. ! prior determination by the
Court of !ppeals on$ particularly$ the factual issues$ would minimi;e the possibility of an error of
9udgment. /f the Court of !ppeals should affirm the penalty of death$ reclusion perpetua or life
imprisonment$ it could then render 9udgment imposing the corresponding penalty as the circumstances
so warrant$ refrain from entering 9udgment and elevate the entire records of the case to the Supreme
Court for its final disposition.
Statistics would disclose that within the eleven6year period since the re6imposition of the death penalty
law in 1))* until (une +&&0$ the trial courts have imposed capital punishment in approximately 1$0)*$
out of which )&% cases have been passed upon in review by the Court. /n the Supreme Court$ where
these staggering numbers find their way on automatic review$ the penalty has been affirmed in only +*&
cases comprising but +4.*#N of the total number. Significantly$ in more than half or #0.#1N of the
cases$ the 9udgment has been modified through an order of remand for further proceedings$ by the
application of the /ndeterminate Sentence 7aw or by a reduction of the sentence. /ndeed$ the reduction
by the Court of the death penalty to reclusion perpetua has been made in no less than 0"* cases or
4*.+4N of the total number. The Court has also rendered a 9udgment of ac-uittal in sixty6five 1#42 cases.
/n sum$ the cases where the 9udgment of death has either been modified or vacated consist of an
astounding %1.%%N of the total of death penalty cases directly elevated before the Court on automatic
review that translates to a total of six hundred fifty6one 1#412 out of nine hundred seven 1)&%2 appellants
saved from lethal in9ection.
EN BANC
PE?P7E ?8 T5E P5/7/PP/3ES$ @.'. 3o. 1%+*++
!ppellee$
6 versus 6
RENE SANTOS,
!ppellant. Promulgated=
September "$ +&&#
? :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ?

"E!)S)0N
YNARES:SANTIAGO, 5.4
8or allegedly sexually assaulting 46year6old !!!$ 'ene Santos was charged with 'ape in an /nformation[1
alleging O
That on or about in the afternoon of between 1%th and +*rd of (uly 1))) in the [Aarangay of xxx$
[<unicipality of xxx$ [Province of Pampanga$ Philippines and within the 9urisdiction of this 5onorable Court$ the
above6named accused$ 'E3E S!3T?S$ with lewd designs and by means of deceit$ force and intimidation$ did then
and there willfully$ unlawfully and feloniously succeeded in having carnal .nowledge with !!!$ 4 years of age$
against her will.
Contrary to law.
,pon arraignment$ appellant pleaded not guilty to the charge.[+ Trial thereafter ensued$ after which the
'egional Trial Court of <acabebe$ Pampanga$ Aranch 44$ rendered 9udgment[* imposing the death penalty thus=
B5E'E8?'E$ on the basis of all the foregoing$ the Court finds the accused guilty beyond reasonable doubt
of the crime of 'ape penali;ed under !rticle **4 of the 'evised Penal Code$ and as a conse-uence of which$ this
Court hereby sentences him to suffer the mandatory penalty of death and to indemnify the offended party in the
amount of P%4$&&&.&& and to pay the costs of the proceedings.
S? ?':E'E:.[0
?wing to the imposition of the death penalty$ the case was elevated to the Court for automatic review.
Pursuant$ however$ to the ruling in People v. Mateo$[4 the case was referred to the Court of !ppeals for evaluation in
a 'esolution dated September %$ +&&0.[#
/n his appeal$ appellant alleged that O
1. T5E T'/!7 C?,'T E''E: /3 3?T C?3S/:E'/3@ T5E :E8E3SE ?8 T5E !CC,SE: T5!T
B?,7: EPC,7P!TE 5/< 8'?< T5E C'/<E ?8 '!PE.
+. T5E T'/!7 C?,'T E''E: B5E3 /T /<P?SE: ,P?3 T5E !CC,SE: T5E <!P/<,< PE3!7TH
?8 :E!T5.
/n its :ecision[% dated ?ctober 1)$ +&&4$ the appellate court affirmed the 9udgment of conviction and$ in
addition to the P%4$&&&.&& civil indemnity imposed$ ordered appellant to pay P4&$&&&.&& as moral damages and
P+4$&&&.&& as exemplary damages.
The prosecutionDs version of the incident narrates that sometime between (uly 1% and +*$ 1)))$ !!! was
playing at the northern portion of xxx Aridge$ xxx$ Pampanga$ when she was ta.en by appellant and brought to his
house$ which is about one .ilometer away from !!!Ds residence. Bhile inside the house$ appellant too. off the
clothes of !!! and had sexual intercourse with her.[" The victim felt pain and her vagina bled.[)
!fter a complaint was lodged with the barangay and the police authorities$ !!! was brought to the (ose A.
7ingad <emorial 'egional 5ospital in San 8ernando$ Pampanga$ where she was examined.[1& The <edico 7egal
?.A. @yne 'eport indicated multiple superficial healed lacerations.[11 The victim$ who was already six years old
when she testified in court$[1+ positively identified the appellant during the trial and testified on the affidavit she
executed before the police officers of xxx$ Pampanga.[1*
!ppellantDs version of the incident is one of denial and alibi. 5e testified that he was the driver of AAA who
lived in Aarangay xxx$ xxx$ Pampanga which is a .ilometer away from his place in Sulipan.[10 !ppellant usually
leaves his house at %=&& a.m. and stays at his wor.place up to %=*& p.m. or sometimes even up to 1&=&& p.m. when
necessary.[14
5is 9ob was to drive his employer whenever the latter had appointments in <anila.[1# Bhen AAA had no
appointments$ he drove a passenger 9eepney plying San 8ernando$ Pampanga and <alolos$ Aulacan$ a route which
passed Sulipan.[1% ?n (uly 1%$ 1)))$ appellant drove his employer to the Bheels <otor Shop at E. 'odrigue;
!venue$ Kue;on City leaving !palit at )=&& a.m. and returning at "=*& p.m. ?n (uly 1"$ 1)))$ appellant left his house
at #=&& a.m. arriving at his wor.place at %=*& a.m. and from there he delivered surplus bumpers to <alinta$ <anila.
[1" ?n (uly 1)$ +&$ +1 and ++$ 1)))$ appellant plied the San 8ernando6<alolos route on board his passenger
9eepney.[1) ?n (uly +*$ 1)))$ appellant went to <a.ati leaving xxx at 1&=&& a.m.$ returning only at 1&=&& p.m.[+&
?n (uly *&$ 1)))$ between #=*& to %=*& a.m.$[+1 he was sweeping the ground in front of his house when a white car
pulled over.[++ The vehicleDs occupants introduced themselves as police officers and as.ed him if he was 'ene
Santos.[+* Thereafter$ he was ta.en to the police head-uarters for -uestioning. ?nce they arrived at the
head-uarters$ he was detained and remained in detention up to the time of his trial.[+0
Be have examined the evidence on record and find no cogent reason to disturb the findings of the trial court and the
Court of !ppeals. Be accord great respect on the findings of the trial court on the credibility of witnesses and their
testimonies$ for the trial 9udge observes the behavior and demeanor of the witnesses in court. 5is evaluation or
assessment of the credibility of witnesses and of testimony ac-uires greater significance in rape cases because from
the nature of the offense$ the only evidence that can oftentimes be offered to establish the guilt of the accused is the
victimDs testimony.Q[+4
This credibility given by the trial court to the rape victim is an important aspect of evidence which appellate courts
can rely on because of its uni-ue opportunity to observe the witnesses$ particularly their demeanor$ conduct and
attitude during the direct and cross6examination by counsel.[+# /t is li.ewise well established that the testimony of a
rape victim is generally given full weight and credit$ more so$ if she is a 46year6old child as in this case. The
revelation of an innocent child whose chastity has been abused deserves full credit$ as her willingness to undergo the
trouble and the humiliation of a public trial is an elo-uent testament to the truth of her complaint. /n so testifying$ she
could only have been impelled to tell the truth$ especially in the absence of proof of ill motive.[+%
The trial court and the Court of !ppeals gave credence to the testimony of !!! who was only six years old when she
narrated the sordid details of her ravishment$ vi1=
8/SC!7 P/3E:!
Kuestioning
/f 'ene Santos is inside this courtroom$ can you point at himL
B/T3ESS
!nswering
Hes$ sir.
K Please point at himL
! There he is$ sir.
/3TE'P'ETE'
Bitness pointed to a person inside the courtroom who [when as.ed gave his name as 'ene Santos.
K Aetween the period of (uly 1% to +*$ 1)))$ do you remember where were youL
! Hes$ sir.
K Bhere were you thenL
! . . .
K Hou said you .now this 'ene Santos$ why do you .now himL
! 'ecause he raped me, sir.
K Can you remember when was thatL
! Hes$ sir.
K BhenL
B/T3ESS
!nswering
/ do not .now when$ sir.
8/SC!7 P/3E:!
Kuestioning
:o you recall whereL
! /n their house$ sir.
K !nd where is that houseL
! /n Sulipan$ sir.
K /n !palit$ PampangaL
! Hes$ sir.
K 6ou said that this Rene Santos raped ou, %hat particular actuations did he do7
! He inserted his penis, sir.
K Where7
! Here, sir, in m vagina.
/3TE'P'ETE'
Bitness pointing to her private organ.
K Bhere did that happenL
! /n their house$ sir.
K /n what portion of his houseL
! /nside their house$ sir.
K 6ou said that Rene Santos inserted his penis into our vagina, %hat did ou feel7
! ) felt pain, sir.
K Bhen he inserted his penis into your vagina did he have any clothings 1sic2L
! . . .
!TTH. J/?7!
7eading$ Hour 5onor.
C?,'T
'eform the -uestion.
8/SC!7 P/3E:!
Kuestioning
Bhen he inserted his penis into your vagina$ what was his appearanceL
B/T3ESS
!nswering
/t was hard$ sir.
K Bhat was hardL
! 5is penis$ sir
C?,'T
Kuestioning
/s this 'ene Santos inside this courtroomL
B/T3ESS
!nswering
Hes$ sir.
K Point to himL
! There he is$ sir.
/3TE'P'ETE'
Bitness pointed to a person inside the courtroom who when as.ed gave his name as 'ene Santos.[+"
1Emphasis and italics supplied2
Counsel for the defense attempted$ albeit futilely$ to impeach the credibility of the victim.[+) Be have held
time and again that testimonies of rape victims who are young and immature$ as in this case$ deserve full credence
considering that no young woman$ especially one of tender age$ would concoct a story of defloration$ allow an
examination of her private parts$ and thereafter pervert herself by being sub9ect to a public trial if she was not
motivated solely by the desire to obtain 9ustice for the wrong committed against her. /t is highly improbable for an
innocent girl of tender years li.e the victim$ who is very naive to the things of this world$ to fabricate a charge so
humiliating not only to herself but also to her family. Stated succinctly$ it is beyond the mind6set of a six6year old
child$ li.e the offended party herein$ to fabricate a malicious accusation against appellant if the crime did not truly
transpire.[*& Jerily$ when a guileless girl of six credibly declares that she has been raped$ she has said all that is
necessary to prove the ravishment of her honor.[*1
!ppellantDs reliance on the corroboration by his wife of his alibi cannot overturn the clear and categorical
declarations of the victim identifying him as the perpetrator of the crime. The corroboration should$ furthermore$ be
received with caution coming as it does from appellantDs spouse whose emotional ties and interest in his ac-uittal
cannot be gainsaid. /ndeed$ it has even been held that some wives are overwhelmed by emotional attachment to their
husbands such that they .nowingly or otherwise suppress the truth and act as a medium for in9ustice to preponderate.
[*+
/n addition to his defense of alibi$ appellant further faults the trial court with Racting as the prosecutor and the
9udge at the same timeQ[** for allegedly initiating and propounding Rthe -uestions$ short of supplying the desired
answer from the witness.Q[*0
The argument is tenuous. !s has been pointed out in People v. "ua,bor#[*4
The trial 9udge is accorded a reasonable leeway in putting such -uestions to witnesses as may be essential to elicit
relevant facts to ma.e the record spea. the truth. Trial 9udges in this 9urisdiction are 9udges of both law and the facts$
and they would be negligent in the performance of their duties if they permitted a miscarriage of 9ustice as a result of a
failure to propound a proper -uestion to a witness which might develop some material bearing upon the outcome. /n
the exercise of sound discretion$ he may put such -uestion to the witness as will enable him to formulate a sound
opinion as to the ability and willingness of the witness to tell the truth. A 8udge ma examine or cross.examine a
%itness. He ma propound clarificator 3uestions to test the credibilit of the %itness and to extract the truth. He
ma see2 to dra% out relevant and material testimon though that testimon ma tend to support or rebut the
position ta2en b one or the other part. )t cannot be ta2en against him if the clarificator 3uestions he propounds
happen to reveal certain truths %hich tend to destro the theor of one part. 1Emphasis supplied2
The trend in procedural law is to give a wide latitude to the courts in exercising control over the -uestioning of
a child witness.[*# ,nder Sections 1) to +1 of the 'ules on Examination of a Child Bitness$[*% child witnesses
may testify in a narrative form and leading 2uestions ,ay be allo.ed by the trial court in all stages o/ the
exa,ination i/ the sa,e .ill /urther the interest o/ 3ustice.[*" /t must be borne in mind that the offended party in this
case is a +4year old minor who was barely /ive when she was sexually assaulted. !s a child of such tender years not
yet exposed to the ways of the world$ she could not have fully understood the enormity of the bestial act committed on
her person. /ndeed O
Studies show that children$ particularly very young children$ ma.e the Rperfect victims.Q They naturally follow the
authority of adults as the sociali;ation process teaches children that adults are to be respected. The childDs age and
developmental level will govern how much she comprehends about the abuse and therefore how much it affects her. /f
the child is too young to understand what has happened to her$ the effects will be minimi;ed because she has no
comprehension of the conse-uences. !ertainl, children have more problems in providing accounts of events
because the do not understand everthing the experience. They do not have enough life experiences from which to
draw upon in ma.ing sense of what they see$ hear$ taste$ smell and feel. (oreover, the have a limited vocabular9.
With her limited comprehension, the child could not have a perfect %a of relating that she had been sexuall
abused.[*) 1Emphasis and italics supplied2
The record discloses that the -uestions propounded by the 9udge were intended to elicit the truth from the child
witness. This perceived undue in-uisitiveness of the 9udge did not unduly harm the substantial rights of the appellant.
/n fact$ it is only to be expected from the 9udge who$ with full consciousness of his responsibilities could not$ and
should not$ easily be satisfied with incompleteness and obscurities in the testimonies of the witness.[0&
Bhile 9udges should as much as possible refrain from showing partiality to one party and hostility to another$ it does
not mean that a trial 9udge should .eep mum throughout the trial and allow parties to as. -uestions that they desire$ on
issues which they thin. are important$ when the former are improper and the latter immaterial. /f trials are to be
expedited$ 9udges must ta.e a leading part therein$ by directing counsel to submit evidence on the facts in dispute by
as.ing clarifying -uestions$ and by showing an interest in a fast and fair trial. (udges are not mere referees li.e those
of a boxing bout$ only to watch and decide the results of a gameG they should have as much interest as counsel in the
orderly and expeditious presentation of evidence$ calling attention of counsel to points at issue that are overloo.ed$
directing them to as. the -uestion that would elicit the facts on the issues involved$ and clarifying ambiguous remar.s
by witnesses. ,nless they ta.e an active part in trials in the above form and manner$ and allow counsel to as.
-uestions whether pertinent or impertinent$ material or immaterial$ the speedy administration of 9ustice which is the
aim of the @overnment and of the people cannot be attained.[01
!ppellant also invites the CourtDs attention to what he perceives as uncharacteristic behavior of the victim who$
according to him$ should be traumati;ed after undergoing Rthe onslaught of sexual molestation.Q[0+ 5e insists that it
is unnatural for the #6year old victim to go to school the day following her supposedly shoc.ing experience. 5e also
points out that Rshe was answering not as seriously as one who has been sexually molested.Q[0*
The contention is neither novel nor persuasive. There is no standard form of behavior that can be expected of
rape victims after they have been defiled because people react differently to emotional stress.[00 3obody can tell
how a victim of sexual aggression is supposed to act or behave after her ordeal.[04 Certainly$ it is difficult to predict
in every instance how a person O especially a #6year old child$ as in this case O would react to a traumatic experience.
[0# /t is not proper to 9udge the actions of rape victims$ especially children$ who have undergone the harrowing
experience of being ravished against their will by the norms of behavior expected under such circumstances from
mature persons.[0% /ndeed$ the range of emotions shown by rape victims is yet to be captured even by calculus.[0"
/t is thus unrealistic to expect uniform reactions from them.[0) /n fact$ the Court has not laid down any rule on how
a rape victim should behave immediately after her ravishment.[4&
/n his attempt to extricate himself from criminal liability$ appellant further insinuates that his sons may be the
possible perpetrators of the felony saying that Rit could have been 'ene Santos$ (r. or <ichael Santos who could have
raped the victimQ considering that !!! and her sister CCC allegedly complained earlier that they were raped by the
two brothers.[41
/f at all$ the foregoing suggestion that his sons may have been the malefactors who sexually assaulted the victim
and her sister only succeeds in underscoring his moral depravity and his capacity to commit the crime. ?nly one
whose degree of wic.edness plumbs the deepest depths of criminal perversity would have no -ualms of laying the
onus of his guilt even on his own offspring and$ worse$ blac.en the memory of one of them who is already dead in his
endeavor to exculpate himself from the conse-uences of his felonious acts.
<uch less convincing is appellantDs proposition that ill feelings and ill motives of the victimDs mother impelled
the filing of the charges against him. /ll6motives become inconse-uential where there are affirmative or categorical
declarations establishing appellantDs accountability for the felony.[4+ Be have$ furthermore$ observed not a few
persons convicted of rape have attributed the charges against them to family feuds$ resentment or revenge.[4*
5owever$ as borne out by a plethora of cases$ family resentment$ revenge or feuds have never swayed us from giving
full credence to the testimony of a complainant for rape$ especially a minor who remained steadfast and unyielding
throughout the direct and cross6examination that she was sexually abused.[40 /t would ta.e a certain degree of
perversity on the part of a parent$ especially a mother$ to concoct a false charge of rape and then use her daughter as
an instrument to settle her grudge.[44
@iven the foregoing factual$ legal and 9urisprudential scenario$ we agree with both the trial and appellate courts
that the appellant is guilty as charged. 5e was$ li.ewise$ correctly meted the penalty of death because rape committed
against a Rchild belo. seven 5'6 years oldQ is a dastardly and repulsive crime which merits no less than the imposition
of capital punishment under !rticle +##6A of the 'evised Penal Code.[4# That !!! was only /ive years old when
she was ravished is clear from her birth certificate.[4%
5owever$ with the passage of 'epublic !ct 3o. )*0# entitled RAn Act Prohibiting The !,position 7/ The eath
Penalty !n The Philippines$Q the penalty that should be meted is reclusion perpetua$ thus=
SEC. +. /n lieu of the death penalty$ the following shall be imposed=
1a2 the penalty of reclusion perpetua, when the law violated ma.es use of the nomenclature of the
penalties of the 'evised Penal CodeG or
1b2 the penalty of life imprisonment$ when the law violated does not ma.e use of the nomenclature of the
penalties of the 'evised Penal Code.
Pursuant to the same law$ appellant shall not be eligible for parole under !ct 3o. 01&*$ otherwise .nown as the
/ndeterminate Sentence 7aw.
/n line with prevailing 9urisprudence$ the Court affirms the award of P%4$&&&.&& as civil indemnity and P+4$&&&.&& as
exemplary damagesG and increases the Court of !ppealsD award of moral damages from P4&$&&&.&& to P%4$&&&.&&.
[4"
WHEREFORE$ the :ecision of the Court of !ppeals in C!6@.'. 5.C. 3o. &10+0 finding appellant 'ene
Santos guilty beyond reasonable doubt of the crime of rape and odering him to indemnify the victim the amounts of
P%4$&&&.&& as civil indemnity and P+4$&&&.&& as exemplary damages$ is AFFIRMED 5#th the MODIFICATION
that the award of moral damages is increased to P%4$&&&.&& and that in lieu of the death penalty$ appellant 'ene
Santos is hereby sentenced to suffer the penalty of reclusion perpetua without possibility of parole.
SO ORDERED.
Re%$2)#& ' the Ph#)#%%#!e"
C!-+e"" ' the Ph#)#%%#!e"
<etro <anila
Th#+tee!th C!-+e""
Se&!3 Re-$)(+ Se""#!
Aegun and held in <etro <anila$ on <onday$ the twenty6fifth day of (uly$ two thousand and five.
Re%$2)#& A&t N. 9A<6 F$!e ;<, ;@@6
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES
8e it enacted by the Senate and 9ouse o/ $epresentatives o/ the Philippines in Congress asse,bled=
SECTION ,. The imposition of the penalty of death is hereby prohibited. !ccordingly$ 'epublic !ct 3o. Eight
Thousand ?ne 5undred Seventy6Seven 1'.!. 3o. "1%%2$ otherwise .nown as the !ct :esignating :eath by 7ethal
/n9ection is hereby repealed. 'epublic !ct 3o. Seven Thousand Six 5undred 8ifty63ine 1'.!. 3o. %#4)2$ otherwise
.nown as the :eath Penalty 7aw$ and all other laws$ executive orders and decrees$ insofar as they impose the death
penalty are hereby repealed or amended accordingly.
SEC. ;. /n lieu of the death penalty$ the following shall be imposed.
1a2 the penalty of reclusion perpetua$ when the law violated ma.es use of the nomenclature of the penalties of
the 'evised Penal CodeG or
1b2 the penalty of life imprisonment$ when the law violated does not ma.e use of the nomenclature of the
penalties of the 'evised Penal Code.
SEC. A. Person convicted of offenses punished with reclusion perpetua$ or whose sentences will be reduced to
reclusion perpetua$ by reason of this !ct$ shall not be eligible for parole under !ct 3o. 01"&$ otherwise .nown as the
/ndeterminate Sentence 7aw$ as amended.
SEC. <. The Aoard of Pardons and Parole shall cause the publication at least one a wee. for three consecutive wee.s
in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua
or life imprisonment by reason of this !ct who are being considered or recommend for commutation or pardonG
Provided, ho.ever$ That nothing herein shall limit the power of the President to grant executive clemency under
Section 1)$ !rticle J// of the Constitutions.
SEC. 5. This !ct shall ta.e effect immediately after its publication in two national newspapers of general circulation.
!pproved$
REPUBLIC ACT NO. DA5A

AN ACT EGPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A
CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. AD,5, AS AMENDED,
OTHERWISE HNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES.
'e it enacted b the Senate and House of Representatives of the #hilippines in !ongress assembled4
Se&t#! ,. Short $itle. : Th#" A&t "h()) 2e 6!5! (" "$he Anti.Rape :a% of ;<<=."
Se&. ;. Rape as a !rime Against #ersons. : The &+#1e ' +(%e "h()) he+e('te+ 2e &)(""#'#e3 (" ( C+#1e A-(#!"t
Pe+"!" $!3e+ T#t)e E#-ht ' A&t N. AD,5, (" (1e!3e3, the+5#"e 6!5! (" the Re4#"e3 Pe!() C3e.
A&&+3#!-)*, the+e "h()) 2e #!&+%+(te3 #!t T#t)e E#-ht ' the "(1e C3e ( !e5 &h(%te+ t 2e 6!5! ("
Ch(%te+ Th+ee ! R(%e, t +e(3 (" '))5"=
>Ch(%te+ Th+ee
>R(%e
>A+t#&)e ;66:A. R(%e= When And Ho% !ommitted. : R(%e #" &11#tte3=
>,/ B* ( 1(! 5h "h()) h(4e &(+!() 6!5)e3-e ' ( 51(! $!3e+ (!* ' the '))5#!- &#+&$1"t(!&e"=
>(/ Th+$-h '+&e, th+e(t, + #!t#1#3(t#!0
>2/ Whe! the ''e!3e3 %(+t* #" 3e%+#4e3 ' +e("! + the+5#"e $!&!"&#$"0
>&/ B* 1e(!" ' '+($3$)e!t 1(&h#!(t#! + -+(4e (2$"e ' ($th+#t*0 (!3
>3/ Whe! the ''e!3e3 %(+t* #" $!3e+ t5e)4e .,;/ *e(+" ' (-e + #" 3e1e!te3, e4e! th$-h
!!e ' the &#+&$1"t(!&e" 1e!t#!e3 (24e 2e %+e"e!t.
>;/ B* (!* %e+"! 5h, $!3e+ (!* ' the &#+&$1"t(!&e" 1e!t#!e3 #! %(+(-+(%h , he+e', "h()) &11#t
(! (&t ' "e?$() (""($)t 2* #!"e+t#!- h#" %e!#" #!t (!the+ %e+"!9" 1$th + (!() +#'#&e, + (!*
#!"t+$1e!t + 27e&t, #!t the -e!#t() + (!() +#'#&e ' (!the+ %e+"!.
>A+t#&)e ;66:B. #enalt. : R(%e $!3e+ %(+(-+(%h , ' the !e?t %+e&e3#!- (+t#&)e "h()) 2e %$!#"he3 2*
+e&)$"#! %e+%et$(.
>Whe!e4e+ the +(%e #" &11#tte3 5#th the $"e ' ( 3e(3)* 5e(%! + 2* t5 + 1+e %e+"!", the
%e!()t* "h()) 2e +e&)$"#! %e+%et$( t 3e(th.
>Whe! 2* +e("! + ! the &&("#! ' the +(%e, the 4#&t#1 h(" 2e&1e #!"(!e, the %e!()t* "h()) 2e&1e
+e&)$"#! %e+%et$( t 3e(th.
>Whe! the +(%e #" (tte1%te3 (!3 ( h1#&#3e #" &11#tte3 2* +e("! + ! the &&("#! the+e', the
%e!()t* "h()) 2e +e&)$"#! %e+%et$( t 3e(th.
>Whe! 2* +e("! + ! the &&("#! 'the +(%e, h1#&#3e #" &11#tte3, the %e!()t* "h()) 2e 3e(th.
>The 3e(th %e!()t* "h()) ()" 2e #1%"e3 #' the &+#1e ' +(%e #" &11#tte3 5#th (!* ' the '))5#!-
(--+(4(t#!-CB$()#'*#!- &#+&$1"t(!&e"=
>)/ Whe! the 4#&t#1 #" $!3e+ e#-htee! .,D/ *e(+" ' (-e (!3 the ''e!3e+ #" ( %(+e!t, ("&e!3(!t,
"te%:%(+e!t, -$(+3#(!, +e)(t#4e 2* &!"(!-$#!#t* + (''#!#t* 5#th#! the th#+3 &#4#) 3e-+ee, + the
&11!:)(5 "%$"e ' the %(+e!t ' the 4#&t#10
>;/ Whe! the 4#&t#1 #" $!3e+ the &$"t3* ' the %)#&e + 1#)#t(+* ($th+#t#e" + (!* )(5
e!'+&e1e!t + %e!() #!"t#t$t#!0
>A/ Whe! the +(%e #" &11#tte3 #! '$)) 4#e5 ' the "%$"e, %(+e!t, (!* ' the &h#)3+e! + the+
+e)(t#4e" 5#th#! the th#+3 &#4#) 3e-+ee ' &!"(!-$#!#t*0
></ Whe! the 4#&t#1 #" ( +e)#-#$" e!-(-e3 #! )e-#t#1(te +e)#-#$" 4&(t#! + &())#!- (!3 #"
%e+"!())* 6!5! t 2e "$&h 2* the ''e!3e+ 2e'+e + (t the t#1e ' the &11#""#! ' the &+#1e0
>5/ Whe! the 4#&t#1 #" ( &h#)3 2e)5 "e4e! .7/ *e(+" )30
>6/ Whe! the ''e!3e+ 6!5" th(t he #" ('')#&te3 5#th the H$1(! I11$!:De'#&#e!&* V#+$"
.HIV/CA&B$#+e3 I11$!e De'#&#e!&* S*!3+1e .AIDS/ + (!* the+ "e?$())* t+(!"1#""#2)e 3#"e("e
(!3 the 4#+$" + 3#"e("e #" t+(!"1#tte3 t the 4#&t#10
>7/ Whe! &11#tte3 2* (!* 1e12e+ ' the A+1e3 F+&e" ' the Ph#)#%%#!e" + %(+(:1#)#t(+*
$!#t" the+e' + the Ph#)#%%#!e N(t#!() P)#&e + (!* )(5 e!'+&e1e!t (-e!&* + %e!() #!"t#t$t#!,
5he! the ''e!3e+ t6 (34(!t(-e ' h#" %"#t#! t '(&#)#t(te the &11#""#! ' the &+#1e0
>D/ Whe! 2* +e("! + ! the &&("#! ' the +(%e, the 4#&t#1 h(" "$''e+e3 %e+1(!e!t %h*"#&()
1$t#)(t#! + 3#"(2#)#t*0
>9/ Whe! the ''e!3e+ 6!e5 ' the %+e-!(!&* ' the ''e!3e3 %(+t* (t the t#1e ' the &11#""#!
' the &+#1e0 (!3
>,@/ Whe! the ''e!3e+ 6!e5 ' the 1e!t() 3#"(2#)#t*, e1t#!() 3#"+3e+ (!3C+ %h*"#&()
h(!3#&(% ' the ''e!3e3 %(+t* (t the t#1e ' the &11#""#! ' the &+#1e.
>R(%e $!3e+ %(+(-+(%h ; ' the !e?t %+e&e3#!- (+t#&)e "h()) 2e %$!#"he3 2* %+#"#! 1(*+.
>Whe!e4e+ the +(%e #" &11#tte3 5#th the $"e ' ( 3e(3)* 5e(%! + 2* t5 + 1+e %e+"!", the
%e!()t* "h()) 2e %+#"#! 1(*+ t +e&)$"#! te1%+().
>Whe! 2* +e("! + ! the &&("#! ' the +(%e, the 4#&t#1 h(" 2e&1e #!"(!e, the %e!()t* "h())
2e +e&)$"#! te1%+().
>Whe! the +(%e #" (tte1%te3 (!3 ( h1#&#3e #" &11#tte3 2* +e("! + ! the &&("#! the+e',
the %e!()t* "h()) 2e +e&)$"#! te1%+() t +e&)$"#! %e+%et$(.
>Whe! 2* +e("! + ! the &&("#! 'the +(%e, h1#&#3e #" &11#tte3, the %e!()t* "h()) 2e
+e&)$"#! %e+%et$(.
>Re&)$"#! te1%+() "h()) 2e #1%"e3 #' the +(%e #" &11#tte3 5#th (!* ' the te! (--+(4(t#!-C
B$()#'*#!- &#+&$1"t(!&e" 1e!t#!e3 #! th#" (+t#&)e.
>A+t#&)e ;66:C. Effect of #ardon. : The "$2"eB$e!t 4()#3 1(++#(-e 2et5ee! the ''e!3e3 %(+t*
"h()) e?t#!-$#"h the &+#1#!() (&t#! + the %e!()t* #1%"e3.
>I! &("e #t #" the )e-() h$"2(!3 5h #" the ''e!3e+, the "$2"eB$e!t '+-#4e!e"" 2* the 5#'e (" the
''e!3e3 %(+t* "h()) e?t#!-$#"h the &+#1#!() (&t#! + the %e!()t*= P+4#3e3, Th(t the &+#1e "h())
!t 2e e?t#!-$#"he3 + the %e!()t* "h()) !t 2e (2(te3 #' the 1(++#(-e #" 4#3 ab initio.
>A+t#&)e ;66:D. #resumptions. : A!* %h*"#&() 4e+t (&t 1(!#'e"t#!- +e"#"t(!&e (-(#!"t the (&t '
+(%e #! (!* 3e-+ee '+1 the ''e!3e3 %(+t*, + 5he+e the ''e!3e3 %(+t* #" " "#t$(te3 (" t +e!3e+
he+Ch#1 #!&(%(2)e ' -#4#!- 4()#3 &!"e!t, 1(* 2e (&&e%te3 (" e4#3e!&e #! the %+"e&$t#! ' the
(&t" %$!#"he3 $!3e+ A+t#&)e ;66:A.>
Se&. A. Separabilit !lause. : I' (!* %(+t, Se&., + %+4#"#! ' th#" A&t #" 3e&)(+e3 #!4()#3 + $!&!"t#t$t#!(), the
the+ %(+t" the+e' !t (''e&te3 the+e2* "h()) +e1(#! 4()#3.
Se&. <. Repealing !lause. : A+t#&)e AA6 ' A&t N. AD,5, (" (1e!3e3, (!3 ()) )(5", (&t", %+e"#3e!t#() 3e&+ee",
e?e&$t#4e +3e+", (31#!#"t+(t#4e +3e+", +$)e" (!3 +e-$)(t#!" #!&!"#"te!t 5#th + &!t+(+* t the %+4#"#!" '
th#" A&t (+e 3ee1e3 (1e!3e3, 13#'#e3 + +e%e()e3 (&&+3#!-)*.
Se&. 5. Effectivit. : Th#" A&t "h()) t(6e e''e&t '#'tee! .,5/ 3(*" ('te+ &1%)et#! ' #t" %$2)#&(t#! #! t5 .;/
!e5"%(%e+" ' -e!e+() &#+&$)(t#!.
Approved= Se%te12e+ A@, ,997.

REPUBLIC ACT NO. D,77
.
AN ACT DESIGNATING DEATH BY LETHAL INFECTION AS THE METHOD OF CARRYING OUT
CAPITAL PUNISHMENT, AMENDING FOR THE PURPOSE ARTICLE D, OF THE REVISED PENAL
CODE, AS AMENDED BY SECTION ;< OF REPUBLIC ACT NO. 7659.
Se&t#! ,. A+t#&)e D, ' the Re4#"e3 Pe!() C3e, (" (1e!3e3 2* Se&t#! ;< ' Re%$2)#& A&t N. 7659 #" he+e2*
'$+the+ (1e!3e3 t +e(3 (" '))5"=
>A+t. D,. When and ho% the death penalt is to be executed. I The 3e(th "e!te!&e "h()) 2e e?e&$te3
5#th %+e'e+e!&e t (!* the+ %e!()t* (!3 "h()) &!"#"t #! %$tt#!- the %e+"! $!3e+ the "e!te!&e t
3e(th 2* )eth() #!7e&t#!. The 3e(th "e!te!&e "h()) 2e e?e&$te3 $!3e+ the ($th+#t* ' the D#+e&t+
' the B$+e($ ' C++e&t#!", e!3e(4+#!- " '(+ (" %""#2)e t 1#t#-(te the "$''e+#!-" ' the %e+"!
$!3e+ the "e!te!&e 3$+#!- the )eth() #!7e&t#! (" 5e)) (" 3$+#!- the %+&ee3#!-" %+#+ t the
e?e&$t#!.
>The D#+e&t+ ' the B$+e($ ' C++e&t#!" "h()) t(6e "te%" t e!"$+e th(t the )eth() #!7e&t#! t 2e
(31#!#"te+e3 #" "$''#&#e!t t &($"e the #!"t(!t(!e$" 3e(th ' the &!4#&t.
>P$+"$(!t t th#", ()) %e+"!!e) #!4)4e3 #! the (31#!#"t+(t#! ' )eth() #!7e&t#! "h()) 2e t+(#!e3
%+#+ t the %e+'+1(!&e ' "$&h t("6.
>The ($th+#8e3 %h*"#&#(! ' the B$+e($ ' C++e&t#!", ('te+ th+$-h e?(1#!(t#!, "h())
''#&#())* 1(6e ( %+!$!&e1e!t ' the &!4#&t9" 3e(th (!3 "h()) &e+t#'* the+et #! the +e&+3" '
the B$+e($ ' C++e&t#!".
The 3e(th "e!te!&e "h()) 2e &(++#e3 $t !t e(+)#e+ th(! !e .,/ *e(+ !+ )(te+ th(! e#-htee! .,D/
1!th" ('te+ the 7$3-1e!t h(" 2e&1e '#!() (!3 e?e&$t+* 5#th$t %+e7$3#&e t the e?e+&#"e 2* the
P+e"#3e!t ' h#" e?e&$t#4e &)e1e!&* %5e+" (t ()) t#1e".>
Se&. ;. Pe+"!" ()+e(3* "e!te!&e3 2* 7$3-1e!t, 5h#&h h(" 2e&1e '#!() (!3 e?e&$t+*, 5h (+e 5(#t#!- t
$!3e+- the 3e(th %e!()t* 2* e)e&t+&$t#! + -(" %#"!#!- "h()) 2e $!3e+ the &4e+(-e ' the %+4#"#!" '
th#" A&t $%! #t" e''e&t#4#t*. The#+ "e!te!&e" "h()) 2e ($t1(t#&())* 13#'#e3 '+ th#" %$+%"e.
Se&. A. )mplementing Rules. I The Se&+et(+* ' F$"t#&e #! &+3#!(t#! 5#th the Se&+et(+* ' He()th (!3 the
B$+e($ ' C++e&t#!" "h()), 5#th#! th#+t* .A@/ 3(*" '+1 the e''e&t#4#t* ' th#" A&t, %+1$)-(te the +$)e" t
#1%)e1e!t #t" %+4#"#!".
Se&. <. Repealing !lause. I A)) )(5", %+e"#3e!t#() 3e&+ee" (!3 #""$(!&e", e?e&$t#4e +3e+", +$)e" (!3 +e-$)(t#!"
+ %(+t" the+e' #!&!"#"te!t 5#th the %+4#"#!" ' th#" A&t (+e he+e2* +e%e()e3 + 13#'#e3 (&&+3#!-)*.
Se&. 5. Effectivit. I Th#" A&t "h()) t(6e e''e&t '#'tee! .,5/ 3(*" ('te+ #t" %$2)#&(t#! #! the O''#&#() G(8ette + #!
(t )e("t t5 .;/ !(t#!() !e5"%(%e+" ' -e!e+() &#+&$)(t#!, 5h#&he4e+ &1e" e(+)#e+. P$2)#&(t#! "h()) !t 2e
)(te+ th(! te! .,@/ 3(*" ('te+ the (%%+4() the+e'.
Approved4 M(+&h ;@, ,996
H#"t+* ' E("t T#1+
E("t T#1+ is a small country in Southeast !sia$ officially the :emocratic 'epublic of Timor67este. /t comprises
the eastern half of the island of Timor$ the nearby islands of !tauro and (aco. The first inhabitants are thought to be
descendant of !ustraloid and <elanesian peoples. The Portuguese began to trade with the island of Timor in the early
1#th century and coloni;ed it in mid6century. S.irmishing with the :utch in the region eventually resulted in an 1"4)
treaty in which Portugal ceded the western portion of the island. /mperial (apan occupied East Timor from 1)0+ to
1)04$ but Portugal resumed colonial authority after the (apanese defeat in Borld Bar //.
East Timor declared itself independent from Portugal on +" 3ovember 1)%4$ but was invaded and occupied by
/ndonesian forces nine days later. /t was incorporated into /ndonesia in (uly 1)%# as the province of East Timor.
:uring the subse-uent +06year occupation$ a campaign of pacification ensued. Aetween 1)%4 and 1)))$ there were an
estimated 1&+$"&& conflict6related deaths 1approximately 1"$#&& .illings and "0$+&& MexcessM deaths from hunger and
illness2$ the ma9ority of which occurred during the /ndonesian occupation.
?n *& !ugust 1)))$ in a ,36sponsored referendum$ an overwhelming ma9ority of East Timor voted for independence
from /ndonesia. /mmediately following the referendum$ anti6independence Timorese militias S organised and
supported by the /ndonesian military S commenced a punitive scorched6earth campaign. The militias .illed
approximately 1$0&& Timorese and forcibly pushed *&&$&&& people into Best Timor as refugees. The ma9ority of the
countryMs infrastructure was destroyed. ?n +& September 1))) the /nternational 8orce for East Timor 1/3TE'8ET2
was deployed to the country and brought the violence to an end. 8ollowing a ,nited 3ations6administered transition
period$ East Timor was internationally recognised as an independent nation on +& <ay +&&+.
P+e:&)!#() h#"t+*
<ain article= Pre6colonial Timor 1pre614142
The island of Timor was populated as part of the human migrations that have shaped !ustralasia more generally. /t is
believed that survivors from three waves of migration still live in the country. The first is described by anthropologists
as people of the Jedo6!ustraloid type$ who arrived from the north and west approximately 0&$&&& to +&$&&& years AC.
?thers of this type include the Banniyala6!etto 1:eddas2 of Sri 7an.a. !round *&&& AC$ a second migration brought
<elanesians. The earlier Jedo6!ustraloid peoples withdrew at this time to the mountainous interior. 8inally$ proto6
<alays arrived from south China and north /ndochina. 5a..a traders are among those descended from this final
group.[1 Timorese origin myths tell of ancestors that sailed around the eastern end of Timor arriving on land in the
south. Some stories recount Timorese ancestors 9ourneying from <alay Peninsula or the <inang.abau 5ighlands of
Sumatra.[+
The Timorese were not seafarers$ rather they were land focussed peoples who did not ma.e contact with other islands
and peoples by sea. Timor was part of a region of small islands with small populations of similarly land6focussed
peoples that now ma.e up eastern /ndonesia. Contact with the outside world was via networ.s of foreign seafaring
traders from as far as China and /ndia that served the archipelago. The earliest historical record about Timor island is
10th century 3agara.retagama$ Canto 10$ that identify Ti,ur as an island within <a9apahitMs realm. ?utside products
brought to the region included metal goods$ rice$ fine textiles$ and coins exchanged for local spices$ sandalwood$ deer
horn$ beesM wax$ and slaves.[+
Early European explorers report that the island had a number of small chiefdoms or princedoms in the early 1#th
century. ?ne of the most significant is the Behali .ingdom in central Timor$ to which the Tetum$ Auna- and Fema.
ethnic groups were aligned.[*
P+t$-$e"e +$)e
<ain article= Portuguese Timor
The first Europeans to arrive in the area were the Portuguese$ who landed near modern Pante <acassar. /n 144# a
group of :ominican friars established their missionary wor. in the area. Ay the seventeenth century the village of
7ifau became the centre of Portuguese activities. /n 1%&+ the territory officially became a Portuguese colony$ .nown
as Portuguese Timor$ when 7isbon sent its first governor$ with 7ifau as its capital. Portuguese control over the
territory was tenuous particularly in the mountainous interior. :ominican friars$ the occasional :utch raid$ and the
Timorese themselves provided opposition to the Portuguese. The control of colonial administrators$ largely restricted
to :ili$ had to rely on traditional tribal chieftains for control and influence.[0
8or the Portuguese$ East Timor remained little more than a neglected trading post until the late nineteenth century.
/nvestment in infrastructure$ health$ and education was minimal. Sandalwood remained the main export crop with
coffee exports becoming significant in the mid6nineteenth century. /n places where Portuguese rule was asserted$ it
tended to be brutal and exploitative. !t the beginning of the twentieth century$ a faltering home economy prompted
the Portuguese to extract greater wealth from its colonies.[0
The capital was moved from 7ifau to :ili in 1%#)$ due to attac.s from the Topasses$ an independent6minded Eurasian
group. <eanwhile$ the :utch were coloni;ing the rest of the island and the surrounding archipelago that is now
/ndonesia. The border between Portuguese Timor and the :utch East /ndies was formally decided in 1"4) with the
Treaty of 7isbon. The definitive border was drawn by the 5ague in 1)1#$ and it remains the international boundary
between the modern states of East Timor and /ndonesia.
!lthough Portugal was neutral during Borld Bar //$ in :ecember 1)01$ Portuguese Timor was occupied by !ustralian
and :utch forces$ which were expecting a (apanese invasion. Bhen the (apanese did occupy Timor$ in 8ebruary 1)0+$
a 0&&6strong :utch6!ustralian force and large numbers of Timorese volunteers engaged them in a one6year guerilla
campaign. !fter the allied evacuation in 8ebruary 1)0* the East Timorese continued fighting the (apanese$ with
comparatively little collaboration with the enemy ta.ing place. This assistance cost the civilian population dearly=
(apanese forces burned many villages and sei;ed food supplies. The (apanese occupation resulted in the deaths of
0&$&&&O%&$&&& Timorese.
Portuguese Timor was handed bac. to Portugal after the war$ but Portugal continued to neglect the colony. Jery little
investment was made in infrastructure$ education and healthcare. The colony was declared an M?verseas ProvinceM of
the Portuguese 'epublic in 1)44. 7ocally$ authority rested with the Portuguese @overnor and the 7egislative Council$
as well as local chiefs or liurai. ?nly a small minority of Timorese were educated$ and even fewer went on to
university in Portugal 1there were no universities in the territory until +&&&2.
:uring this time$ /ndonesia did not express any interest in Portuguese Timor$ despite the anti6colonial rhetoric of
President Su.arno. This was partly as /ndonesia was preoccupied with gaining control of Best /rian$ now called
Papua$ which had been retained by the 3etherlands after /ndonesian independence. /n fact$ at the ,nited 3ations$
/ndonesian diplomats stressed that their country did not see. control over any territory outside the former 3etherlands
East /ndies$ explicitly mentioning Portuguese Timor.
De&)!#"(t#!, &$%, (!3 #!3e%e!3e!&e
The decolonisation process instigated by the 1)%0 Portuguese revolution saw Portugal effectively abandon the colony
of East Timor. ! civil war between supporters of East Timorese political parties$ 8retilin and the ,:T$ bro.e out in
1)%4 as ,:T attempted a coup which 8retilin resisted with the help of local Portuguese military.[4
?ne of the first acts of the new government in 7isbon was to appoint a new @overnor for the colony on 1" 3ovember
1)%0$ in the form of <Trio 7emos Pires$ who would ultimately be$ as events were to prove$ the last @overnor of
Portuguese Timor.[citation needed
?ne of his first decrees made upon his arrival in :ili was to legalise political parties in preparation for elections to a
Constituent !ssembly in 1)%#. Three main political parties were formed=
The ;ni<o e,ocr=tica Ti,orense 1Timorese :emocratic ,nion or ,:T2$ was supported by the traditional
elites$ initially argued for a continued association with 7isbon$ or as they put it in Tetum$ ,ate bandera hu,
S Min the shadow of the [Portuguese flagM$ but later adopted a MgradualistM approach to independence. ?ne of
its leaders$ <Trio Jiegas CarrascalUo$ one of the few Timorese to have been educated at university in
Portugal$ later became /ndonesian @overnor of East Timor during the 1)"&s and early 1))&s$ although with
the demise of /ndonesian rule$ he would change to supporting independence.
The Associa><o Social e,ocr=tica Ti,orense 1Timorese Social :emocratic !ssociation !S:T2 supported a
rapid movement to independence. /t later changed its name to ?rente $evolucion=ria de Ti,or4-este
!ndependente 1'evolutionary 8ront of /ndependent East Timor or 8retilin2. 8retilin was criticised by many in
!ustralia and /ndonesia as being <arxist$ its name sounding reminiscent of 8'E7/<? in <o;ambi-ue but it
was more influenced by !frican nationalists li.e !mVlcar Cabral in Portuguese @uinea 1now @uinea6Aissau2
and Cape Jerde.
The Associa><o Popular e,ocr=tica Ti,orense 1Timorese Popular :emocratic !ssociation or >!podeti>2
supported integration with /ndonesia$ as an autonomous province$ but had little grassroots support. ?ne of its
leaders$ !bVlio ?sWrio Soares$ later served as the last /ndonesian6appointed @overnor of East Timor. !podeti
drew support from a few liurai in the border region$ some of whom had collaborated with the (apanese during
the Second Borld Bar. /t also had some support in the small <uslim minority$ although <arV !l.atiri$ a
<uslim$ was a prominent 8retilin leader$ and became Prime <inister in +&&+.
?ther smaller parties included @libur 7an Ti,ur Asu.ain or F?T! whose name translated from the Tetum language
as MSons of the <ountain BarriorsM$ which sought to create a form of monarchy involving the local liurai$ and the
Partido Trabalhista or 7abour Party$ but neither had any significant support. They would$ however$ collaborate with
/ndonesia. The Associa><o e,ocr=tica para a !ntegra><o de Ti,or4-este na Austr=lia 1!:/T7!2$ advocated
integration with !ustralia$ but folded after the !ustralian government emphatically ruled out the idea.
P(+t#e" &1%ete, '+e#-! %5e+" t(6e #!te+e"t
:evelopments in Portuguese Timor during 1)%0 and 1)%4 were watched closely by /ndonesia and !ustralia. SuhartoMs
>3ew ?rder>$ which had effectively eliminated /ndonesiaMs Communist Party PF/ in 1)#4$ was alarmed by what it
saw as the increasingly left6leaning 8retilin$ and by the prospect of a small independent leftist state in the midst of the
archipelago inspriring separatism in parts of the sourrounding archipelago.
!ustraliaMs 7abor Prime <inister$ @ough Bhitlam$ had developed a close wor.ing relationship with the /ndonesian
leader$ and also followed events with concern. !t a meeting in the (avanese town of Bonosobo in 1)%0$ he told
Suharto that an independent Portuguese Timor would be Man unviable state$ and a potential threat to the stability of the
regionM. Bhile recognising the need for an act of self6determination$ he considered integration with /ndonesia to be in
Portuguese TimorMs best interests.
/n local elections on 1* <arch 1)%4$ 8retilin and ,:T emerged as the largest parties$ having previously formed an
alliance to campaign for independence.
/ndonesian military intelligence$ .nown as A!F/3$ began attempting to cause divisions between the pro6
independence parties$ and promote the support of !podeti. This was .nown as 7perasi @o,odo or M?peration
FomodoM after the giant Fomodo li;ard found in the eastern /ndonesian island of the same name. <any /ndonesian
military figures held meetings with ,:T leaders$ who made it plain that (a.arta would not tolerate a 8retilin6led
administration in an independent East Timor. The coalition between 8retilin and ,:T later bro.e up.
:uring the course of 1)%4$ Portugal became increasingly detached from political developments in its colony$
becoming embroiled in civil unrest and political crises$ and more concerned with decolonisation in its !frican
colonies of !ngola and <o;ambi-ue than with Portuguese Timor.[citation needed <any local leaders saw
independence as unrealistic$ and were open to discussions with (a.arta over Portuguese TimorMs incorporation into the
/ndonesian state.[citation needed
The Coup
?n 11 !ugust 1)%4$ the ,:T mounted a coup$ in a bid to halt the increasing popularity of 8retilin. @overnor Pires
fled to the offshore island of !tauro$ north of the capital$ :ili$ from where he later attempted to bro.er an agreement
between the two sides. 5e was urged by 8retilin to return and resume the decolonisation process$ but he insisted that
he was awaiting instructions from the government in 7isbon$ now increasingly uninterested.
/ndonesia sought to portray the conflict as a civil war$ which had plunged Portuguese Timor into chaos$ but after only
a month$ aid and relief agencies from !ustralia and elsewhere visited the territory$ and reported that the situation was
stable. 3evertheless$ many ,:T supporters had fled across the border into /ndonesian Timor$ where they were
coerced into supporting integration with /ndonesia. /n ?ctober 1)%4$ in the border town of Aalibo$ two !ustralian
television crews 1the >Aalibo 8ive>2 reporting on the conflict were .illed by /ndonesian forces$ after they witnessed
/ndonesian incursions into Portuguese Timor.
Area. from Portugal
Bhile 8retilin had sought the return of the Portuguese @overnor$ pointedly flying the Portuguese flag from
government offices$ the deteriorating situation meant that it had to ma.e an appeal to the world for international
support$ independently of Portugal.
?n +" 3ovember 1)%4$ 8retilin made a unilateral declaration of independence of the e,ocratic $epublic o/ East
Ti,or 1'epublica :emocrTtica de Timor67este in Portuguese2. This was not recognised by either Portugal$ /ndonesia$
or !ustraliaG however$ the new state received formal diplomatic recognition from six countries$ namely !lbania$ Cape
Jerde$ @uinea$ @uinea6Aissau$ <o;ambi-ue$ and SUo TomX and PrVncipe. 8retilinMs 8rancisco Pavier do !maral
became the first President$ while 8retilin leader 3icolau dos 'eis 7obato was Prime <inister.
/ndonesiaMs response was to have ,:T$ !podeti$ F?T! and Trabalhista leaders sign a declaration calling for
integration with /ndonesia called the 8alibo eclaration$ although it was drafted by /ndonesian intelligence and
signed in Aali$ /ndonesia not Aalibo$ Portuguese Timor. Panana @usmUo$ now the countryMs Prime <inister$ described
this as the MAalibohong :eclarationM$ a pun on the /ndonesian word for MlieM.
E("t T#1+ ")#3(+#t* 14e1e!t
!n international East Ti,or solidarity ,ove,ent arose in response to the 1)%4 invasion of East Timor by /ndonesia
and the occupation that followed. The movement was supported by churches$ human rights groups$ and peace
campaigners$ but developed its own organi;ations and infrastructure in many countries. <any demonstrations and
vigils bac.ed legislative actions to cut off military supplies to /ndonesia. The movement was most extensive in
neighboring !ustralia$ in Portugal$ and the former Portuguese colonies in !frica$ but had significant force in the
,nited States$ Canada and Europe.
(osX 'amos65orta$ current President of East Timor$ stated in a +&&% interview that the solidarity movement >was
instrumental. They were li.e our peaceful foot soldiers$ and fought many battles for us.>
/ndonesian invasion and annexation
<ain article= /ndonesian invasion of East Timor
The /ndonesian invasion of East Timor began on % :ecember 1)%4. /ndonesian forces launched a massive air and sea
invasion$ .nown as 7perasi Sero3a$ or M?peration FomodoM$ almost entirely using ,S6supplied e-uipment.[#
'eported death tolls from the +06year occupation range from #&$&&& to +&&$&&&.[% ! detailed statistical report
prepared for the Commission for 'eception$ Truth and 'econciliation in East Timor cited a lower range of 1&+$"&&
conflict6related deaths in the period 1)%061)))$ namely$ approximately 1"$#&& .illings and "0$+&& MexcessM deaths
from hunger and illness.["
! puppet MMProvisional @overnment of East TimorMM was installed in mid6:ecember$ consisting of !podeti and ,:T
leaders. !ttempts by the ,nited 3ations Secretary @eneralMs Special 'epresentative$ Jittorio Binspeare6@uicciardi to
visit 8retilin6held areas from :arwin$ !ustralia$ were obstructed by the /ndonesian military$ which bloc.aded East
Timor. ?n *1 <ay 1)%#$ a MPeopleMs !ssemblyM in :ili$ selected by /ndonesian intelligence$ unanimously endorsed an
M!ct of /ntegrationM$ and on 1% (uly$ East Timor officially became the +%th province of the 'epublic of /ndonesia. The
occupation of East Timor remained a public issue in many nations$ Portugal in particular$ and the ,3 never
recognised either the regime installed by the /ndonesians or the subse-uent annexation.
T5(+3" #!3e%e!3e!&e
:emonstration against /ndonesian occupation of East Timor$ September 1&$ 1))).
Timorese groups fought a campaign of resistance against /ndonesian forces for the independence of East Timor$
during which many atrocities and human rights violations by the /ndonesian army were reported. The /ndonesian
army is reported to have trained and supplied militias imported from /ndonesia to terrorise the population. 8oreign
powers such as the !ustralian government$ concerned to maintain good relations with /ndonesia$ had been
consistently reluctant to assist a push for independence 1despite popular sympathy for the East Timorese cause among
many in the !ustralian electorate2.[) 5owever$ the departure of President Suharto and a shift in !ustralian policy by
the 5oward @overnment in 1))" precipitated a proposal for a referendum on the -uestion of independence.[1&
?ngoing lobbying by the Portuguese government also provided impetus.
E''e&t" ' the D#)# M(""(&+e
The :ili <assacre on 1+ 3ovember 1))1 was a turning point for sympathy for pro6independence East Timorese. !
burgeoning East Timor solidarity movement grew in Portugal$ !ustralia$ and the ,nited States. !fter the massacre$ the
,S Congress voted to cut off funding for /<ET training of /ndonesian military personnel. 5owever$ arms sales
continued from the ,S to the /ndonesian 3ational !rmed 8orces.[11 President Clinton cut off all ,S military ties
with the /ndonesian military in 1))).[1+ The !ustralian government promoted a strong connection with the
/ndonesian military at the time of the massacre$ but also cut off ties in 1))).[1*
The <assacre had a profound effect on public opinion in Portugal$ especially after television footage showing East
Timorese praying in Portuguese$ and independence leader Panana @usmUo gained widespread respect$ being awarded
the PortugalMs highest honour in 1))*$ after he had been captured and imprisoned by the /ndonesians.
!ustraliaMs troubled relationship with the Suharto regime was brought into focus by the <assacre. /n !ustralia$ there
was also widespread public outrage$ and criticism of CanberraMs close relationship with the Suharto regime and
recognition of (a.artaMs sovereignty over East Timor. This caused the !ustralian government embarrassment$ but
8oreign <inister @areth Evans played down the .illings$ describing them as Man aberration$ not an act of state policyM.
Prime <inister FeatingDs first overseas trip was to /ndonesia in !pril 1))+ and sought to improve trade and cultural
relations$ but repression of the East Timorese continued to mar cooperation between the two nations.[10
@areth Evans and Prime <inister Paul Feating 11))1O1))#2 gave maintenance of close relations with the /ndonesian
government a high priority$ as did the subse-uent Prime <inister (ohn 5oward and 8oreign <inister !lexander
:owner during their first term in office 11))#O1))"2. !ustralian governments saw good relations and stability in
/ndonesia 1!ustraliaMs largest neighbour2 as providing an important security buffer to !ustraliaMs north.[10
3evertheless$ !ustralia provided important sanctuary to East Timorese independence advocates li.e (ose 'amos6
5orta 1who based himself in !ustralia during his exile2.
The fall of President Suharto and the arrival of President A.(. 5abibie in 1))" and the rise of /ndonesian democracy
brought a new prospect for a potential change in the dynamic between the !ustralian and /ndonesian governments.
'ole of the Catholic Church
Aishop Carlos Aelo$ winner of the 1))# 3obel Peace Pri;e.
The Catholic Church in East Timor played an important role in society throughout the /ndonesian occupation. Bhile
9ust +&N of East Timorese called themselves Catholics in 1)%4$ the figure surged to reach )4N by the end of the first
decade after the invasion. :uring the occupation$ Aishop Carlos Pimenes Aelo became one of the most prominent
advocates for human rights in East Timor and many priests and nuns ris.ed their lives in defending citi;ens from
military abuses. Pope (ohn Paul //Ms 1)") visit to East Timor exposed the occupied territoryMs situation to world media
and provided a catalyst for independence activists to see. global support. ?fficially neutral$ the Jatican wished to
retain good relations with the /ndonesia$ the worldMs largest <uslim nation. ,pon his arrival in East Timor$ the Pope
symbolically .issed a cross then pressed it to the ground$ alluding to his usual practice of .issing the ground on arrival
in a nation$ and yet avoiding overtly suggesting East Timor was a sovereign country. 5e spo.e fervently against
abuses in his sermon$ whilst avoiding naming the /ndonesian authorities as responsible.[14
/n 1))#$ Aishop Carlos 8ilipe Pimenes Aelo and (osX 'amos65orta$ two leading East Timorese activists for peace and
independence$ received the 3obel Peace Pri;e for >>their wor. towards a 9ust and peaceful solution to the conflict in
East Timor>.[1#
! number of priest and nuns were murdered in the violence in East Timor that followed the 1))) /ndependence
referendum. The newly independent nation declared three days of national mourning upon the death of Pope (ohn
Paul // in +&&4.[14
I!te+!(t#!() )22*#!-
(osX 'amos65orta$ 1))# 3obel Peace Pri;e winner$ former Prime <inister and present President of East Timor.

<a9or @eneral Peter Cosgrove 1right2 !ustralian commander of the ,nited 3ations bac.ed peace .eeping operation
1/3TE'8ET2 to East Timor.
Portugal started to apply international pressure unsuccessfully$ constantly raising the issue with its fellow European
,nion members in their dealings with /ndonesia. 5owever$ other E, countries li.e the ,F had close economic
relations with /ndonesia$ including arms sales$ and saw no advantage in forcefully raising the issue.
/n the mid61))&s$ the pro6democracy PeopleMs :emocratic Party 1P':2 in /ndonesia called for withdrawal from East
Timor. The partyMs leadership was arrested in (uly 1))#.[1%
/n (uly 1))%$ visiting South !frican President 3elson <andela visited Suharto as well as the imprisoned Panana
@usmUo. 5e urged the freeing of all East Timorese leaders in a note reading$ >Be can never normali;e the situation in
East Timor unless all political leaders$ including <r. @usmUo$ are freed. They are the ones who must bring about a
solution.> /ndonesiaMs government refused but did announce that it would ta.e three months off @usmUoMs +&6year
sentence.[1%
/n 1))"$ following the resignation of Suharto and his replacement by President 5abibie$ (a.arta moved towards
offering East Timor autonomy within the /ndonesian state$ although ruled out independence$ and stated that Portugal
and the ,3 must recognise /ndonesian sovereignty.
Re'e+e!3$1 '+ #!3e%e!3e!&e, 4#)e!&e
<ain articles= East Timor Special !utonomy 'eferendum and 1))) East Timorese crisis
3ew /ndonesian President A. (. 5abibie was prepared to consider a change of status for East Timor. Portugal had
started to gain some political allies firstly in the E,$ and after that in other places of the world to pressure /ndonesia.
/n late 1))"$ the !ustralian Prime <inister (ohn 5oward with his 8oreign <inister !lexander :owner drafted a letter
setting out a ma9or change in !ustralian policy. The letter supported the idea of autonomy but went much further by
suggesting that the East Timores be given a chance to vote on independence within a decade. The letter upset 5abibie$
who saw it as implying /ndonesia was a >colonial power> and he decided in response to announce a snap referendum
to be conducted within six months.[1&
3ews of the proposal provo.ed a violent reaction in East Timor from pro6/ndonesian militia. The /ndonesian army did
not intervene to restore order. !t a summit in Aali (ohn 5oward told 5abibie that a ,nited 3ations Peace Feeping
force should oversee the process. 5abibie re9ected the proposal$ believing it would have insulted the /ndonesian
military.[1&
The referendum$ held on *& !ugust$ gave a clear ma9ority 1%".4N2 in favour of independence$ re9ecting the alternative
offer of being an autonomous province within /ndonesia$ to be .nown as the Special !utonomous 'egion of East
Timor 1S!'ET2.
:irectly after this$ /ndonesian military6supported East Timorese pro6integration militia and /ndonesian soldiers carried
out a campaign of violence and terrorism in retaliation. !pproximately 1$0&& Timorese were .illed and *&&$&&&
forcibly pushed into Best Timor as refugees. The ma9ority of the countryMs infrastructure$ including homes$ irrigation
systems$ water supply systems$ and schools$ and nearly 1&&N of the countryMs electrical grid were destroyed.
!ccording to 3oam Choms.y$ >/n one month$ this massive military operation murdered some +$&&& people$ raped
hundreds of women and girls$ displaced three6-uarters of the population$ and demolished %4 percent of the countryMs
infrastructure> 1$adical Priorities$ %+2.
!ctivists in Portugal$ !ustralia$ the ,nited States$ and elsewhere pressured their governments to ta.e action. The
violence was met with widespread public anger in !ustralia. The ?pposition Spo.esman on 8oreign !ffairs$ 7aborMs
7aurie Arereton$ was vocal in highlighting evidence of the /ndonesian militaryMs involvement in pro6integrationist
violence and advocated ,nited 3ations peace.eeping to support the East TimorMs ballot. The Catholic Church in
!ustralia urged the !ustralian @overnment to send an armed peace.eeping force to East Timor to end the violence.
[1" Street protesters harried the /ndonesian Embassy.
(ohn 5oward conferred with ,nited 3ations Secretary @eneral Fofi !nnan and lobbied ,. S. President Aill Clinton
for an !ustralian led international peace .eeper force to enter East Timor to end the violence. The ,nited States
offered crucial logistical and intelligence resources and an >over6hori;on> deterrent presence. 8inally$ on 11
September$ Aill Clinton announced=
R / have made clear that my willingness to support future economic assistance from the international
community will depend upon how /ndonesia handles the situation from today. Q
/ndonesia$ in dire economic straits relented and on 1+ September$ /ndonesian President 5abibie announced=
R ! couple of minutes ago / called the ,nited 3ations Secretary @eneral$ <r Fofi !nnan$ to inform about our
readiness to accept international peace.eeping forces through the ,nited 3ations$ from friendly nations$ to
restore peace and security in East Timor. Q
/t was clear that the ,3 did not have sufficient resources to combat the paramilitary forces directly. /nstead$ the ,3
authorised the creation of a multinational military force .nown as /3TE'8ET 1/nternational 8orce for East Timor2$
with Security Council 'esolution 1+#0.[1) Troops were contributed by 1% nations$ about )$)&& in total. 0$0&& came
from !ustralia$ the remainder mostly from South6East !sia.[+& The force was led by <a9or6@eneral 1now @eneral2
Peter Cosgrove. Troops landed in East Timor on +& September 1))).
?n +& September 1))) the !ustralian6led peace.eeping troops of the /nternational 8orce for East Timor 1/3TE'8ET2
deployed to the country and brought the violence to an end.
The #!3e%e!3e!t +e%$2)#&
Panana @usmUo$ first President of East Timor and present Prime <inister.
The administration of East Timor was ta.en over by the ,3 through the ,nited 3ations Transitional !dministration in
East Timor 1,3T!ET2$ established on +4 ?ctober 1))).[+1 The /3TE'8ET deployment ended on 10 8ebruary +&&&
with the transfer of military command to the ,3.[++ Elections were held in late +&&1 for a constituent assembly to
draft a constitution$ a tas. finished in 8ebruary +&&+. East Timor became formally independent on +& <ay +&&+.
Panana @usmUo was sworn in as the countryMs President. East Timor became a member of the ,3 on +% September
+&&+.
?n 0 :ecember +&&+$ after a student had been arrested the previous day$ rioting students set fire to the house of the
Prime <inister <arV !l.atiri and advanced on the police station. The police opened fire and one student was .illed$
whose body the students carried to the 3ational Parliament building. There they fought the police$ set a supermar.et
on fire and plundered shops. The police opened fire again and four more students were .illed. !l.atiri called an
in-uiry and blamed foreign influence for the violence.
'elations with !ustralia have been strained by disputes over the maritime boundary between the two countries.
Canberra claims petroleum and natural gas fields in an area .nown as the MTimor @apM$ which East Timor regards as
lying within its maritime boundaries.
;@@6 &+#"#"
<ain article= +&&# East Timor crisis
,nrest started in the country in !pril +&&# following the riots in :ili. ! rally in support of #&& East Timorese soldiers$
who were dismissed for deserting their barrac.s$ turned into rioting where five people were .illed and over +&$&&&
fled their homes. 8ierce fighting between pro6government troops and disaffected 8alintil troops bro.e out in <ay
+&&#.[+* Bhile unclear$ the motives behind the fighting appears to be the distribution of oil funds and the poor
organi;ation of the Timorese army and police$ which includes former /ndonesian6trained police and former Timorese
rebels. Prime <inister <ari !l.atiri has called the violence a >coup> and has welcomed offers of foreign military
assistance from several nations.[+0 [+4 !s of +4 <ay +&&#$ !ustralia$ Portugal$ 3ew Yealand$ and <alaysia have
sent troops to Timor$ attempting to -uell the violence.[+4 [+# !t least +* deaths occurred as a result of the violence.
?n +1 (une +&&#$ President Panana @usmUo formally re-uested Prime <inister <ari !l.atiri step down. ! ma9ority
of 8retilin party members demanded the prime ministerMs resignation$ accusing him of lying about distributing
weapons to civilians.[+% ?n +# (une +&&# Prime <inister <ari !l.atiri resigned stating$ >/ declare / am ready to
resign my position as prime minister of the governmentZ so as to avoid the resignation of 5is Excellency the
President of the 'epublic>. /n !ugust$ rebel leader !lfredo 'einado escaped from Aecora Prison$ in :ili. Tensions
were later raised after armed clashes between youth gangs forced the closure of Presidente 3icolau 7obato
/nternational !irport in late ?ctober.[+"
/n !pril +&&%$ @usmUo declined another presidential term. /n the build6up to the !pril +&&% presidential elections
there were renewed outbrea.s of violence in 8ebruary and <arch +&&%. (osX 'amos65orta was inaugurated as
President on <ay +&$ +&&%$ following his election win in the second round.[+) @usmUo was sworn in as Prime
<inister on !ugust "$ +&&%. President 'amos65orta was critically in9ured in an assassination attempt on 8ebruary 11$
+&&"$ in a failed coup apparently perpetrated by !lfredo 'einado$ a renegade soldier who died in the attac.. Prime
<inister @usmUo also faced gunfire separately but escaped unharmed. The !ustralian government immediately sent
reinforcements to East Timor to .eep order.[*&
U!#te3 N(t#!" 1#""#!"
,3!<ET ,nited 3ations <ission in East Timor (uneS?ctober 1)))
,3T!ET ,nited 3ations Transitional !dministration in East Timor ?ctober 1)))S<ay +&&+
,3</SET ,nited 3ations <ission of Support to East Timor <ay +&&+S<ay +&&4
,3?T/7 ,nited 3ations ?ffice in Timor 7este <ay +&&4S!ugust +&&#
,3</T ,nited 3ations /ntegrated <ission in Timor67este !ugust +&&#Opresent