Lex Talionis - On enforcing the death penalty

There are few issues which are as passionately debated, as sensitive, as controversial, and as emotional as the issue of capital punishment here in the Philippines. The Death Penalty. The State taking the life of a convict in retribution for the criminal acts that he or she has committed. An eye for an eye, a tooth for a tooth. Lex Talionis - The law of retaliation.

Four days ago, Philippine President Gloria Macapagal Arroyo granted a 90-day stay of execution to 21 convicts on death row. While I may have my own opinions regarding the efficacy or necessity of the death penalty, and in fact I may even have my own biases (this is a blog, and as a blogger I am entitled to some degree of subjectivity, as long as I don't purport it to be anything else than my own opinion), this incident has given me nothing but serious doubts about President Arroyo's conviction and political will, specifically with regard to the peace and order situation and generally with regard to her role as head of the executive branch of government.

You see, while we may have our own opinions regarding capital punishment, and while our opinions may even differ, that is of no consequence at this point in time. Congress, in its collective wisdom, and in the exercise of its legislative powers granted by the Constitution, has chosen to pass a law on this matter which was subsequently signed by the President of the Republic of the Philippines on December 13, 2003. That was R.A. 7659, otherwise known as the The Death Penalty Law.

As head of the executive branch of government, the President has sworn to fulfill her duties as President of the Philippines, to preserve and defend the country's Constitution, to execute its laws, to do justice to every man (and woman), and to consecrate himself/herself to the service of the nation.

For all the criticism that the Death Penalty Law has received, it is, nonetheless, a valid law which has gone through the proper legislative process. The convicts have been afforded their rights, given their day in court, their cases have gone on appeal, and the decisions affirmed by the Supreme Court, the highest court in the land. For all intents and purposes, the requirement of due process has been more than adequately fulfilled.

As such, the President must discharge her sworn oath to execute the law. To abuse the power to issue reprieves, to delay executions without any sufficient or overwhelming cause, is an affront to the oath the she has sworn on the day she became our President.

The pleas of mercy, the cries of cause-oriented groups, or the admonitions of the Catholic Church should be of no consquence. While these in themselves may have their own weight, they are simply overshadowed by the indisputable fact that we have a law which requires the convicts to forfeit their lives for the crimes they have committed. We are a government of laws and not of men. This should never be forgotten. Such pleas should be directed to the legislature, as they are the ones responsible for crafting our laws.

Heinous crimes on the rise, partly due to a sharp decline in morals, to a dwindling economy, to the increasing gap between the rich and the poor. With all of the murders, rapes, drug trafficking, and other serious crimes taking place, we the people, through the State, have a right to defend ourselves. Justice is not only for those who broke the law, it is also for the victims. If the President can't even realize this simple fact, then we, the Filipino people, may have made a mistake in electing her to that office, with shall be paid for with the countless lives of innocent victims fallen prey to lawless elements.

A lot of our countrymen have paid the price. We can only pray the we be spared from all this violence and lawlessness.

Links:

Arroyo reprieve to 21 death row convicts upsets House ally