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HR Notes
Where do you find what a definition of heinous crime is under Philippine Yes, in 2007, the Philippines signed the Second Optional Protocol.
law?
How does that affect the ability of our government to decide whether they
● Heinous crime is not defined in the Constitution, but it is defined in should reinstate the death penalty or not?
the R.A.
As a signatory, the Philippines must comply with the Optional Protocol.
Does our Constitution prohibit death penalty?
Does optional protocol 2 have an opt out provision?
● No, but it’s currently suspended.
● Death penalty is not cruel, but what is not allowed is acts that are No.
degrading or inhumane.
SORREN CASE:
What does the government have to comply with for it to reinstate the death
penalty to be in accordance with what the Constitutioni says? UK didn’t have death penalty. The Jurisdiction that wanted to extradite
them had the death penalty. Both were found guilty,
● Define heinous crime
● Punishment must not cruel or inhumane Death Row phenomenon - The anxiety or pain of waiting is excruciating.
The length of time from the time of trial all the way to conviction. It would
When the framers of the Constitution decided that there should be on take time.
moratorium. What happened to those on death row?
What will the court look into?
● Their sentences were commuted.
Personal circumstances of the convict, the manner by which the death
The ICCPR talks about the death penalty only being applicable to the most penalty is imposed,
serious crime. To help us define, we normally look at decided cases.