Is the death penalty still legal in the Philippines?

No. RA 9346 expressly prohibits the imposition of the death penalty.

What happens to people who were sentenced to death before this law?

Their sentences are converted to either reclusion perpetua or life imprisonment, depending on the penalty terminology of the underlying law.

Can a person sentenced to reclusion perpetua be released on parole?

No. Those sentenced to reclusion perpetua (or whose sentences are reduced to it because of this Act) are not eligible for parole under Act No. 4180.

How are candidates for pardon or commutation announced?

The Board of Pardons and Parole must publish their names in a newspaper of general circulation once a week for three consecutive weeks.

Does the President still have the power to grant clemency?

Yes. The Act explicitly states that it does not limit the President’s authority to grant executive clemency under the Constitution.

RA 9346 - Prohibition of the Death Penalty (2006)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

RA 9346 abolishes the death penalty in the Philippines and replaces it with either reclusion perpetua or life imprisonment. It also removes parole eligibility for those new sentences and sets rules for pardon publications.

Who it affects: Anyone convicted of an offense that previously carried the death penalty, as well as the courts, Board of Pardons and Parole, and the President.

Key provisions

Death penalty prohibited. The law bans the imposition of the death penalty. [Sec. 1]
Repeal of death‑penalty statutes. RA 8177, RA 7659, and any other laws, executive orders or decrees that impose death are repealed or amended. [Sec. 1]
Replacement penalty – reclusion perpetua. If the violated law uses the Revised Penal Code’s penalty terms, the offender will receive reclusion perpetua. [Sec. 2]
Replacement penalty – life imprisonment. If the violated law does not use the Revised Penal Code’s penalty terms, the offender will receive life imprisonment. [Sec. 2]
No parole for reclusion perpetua. People sentenced to reclusion perpetua (or whose sentences are reduced to it because of this Act) cannot avail parole under Act No. 4180. [Sec. 3]
Publication of pardon candidates. The Board of Pardons and Parole must publish, once a week for three weeks, the names of those serving reclusion perpetua or life imprisonment who are being considered for commutation or pardon. [Sec. 4]
Presidential clemency unchanged. The Act does not limit the President’s power to grant executive clemency under the Constitution. [Sec. 4]
Effective date. The law takes effect immediately after it is published in two national newspapers of general circulation. [Sec. 5]

Common questions

Is the death penalty still legal in the Philippines?: No. RA 9346 expressly prohibits the imposition of the death penalty. [Sec. 1]
What happens to people who were sentenced to death before this law?: Their sentences are converted to either reclusion perpetua or life imprisonment, depending on the penalty terminology of the underlying law. [Sec. 2]
Can a person sentenced to reclusion perpetua be released on parole?: No. Those sentenced to reclusion perpetua (or whose sentences are reduced to it because of this Act) are not eligible for parole under Act No. 4180. [Sec. 3]
How are candidates for pardon or commutation announced?: The Board of Pardons and Parole must publish their names in a newspaper of general circulation once a week for three consecutive weeks. [Sec. 4]
Does the President still have the power to grant clemency?: Yes. The Act explicitly states that it does not limit the President’s authority to grant executive clemency under the Constitution. [Sec. 4]
When did RA 9346 become effective?: It became effective immediately after its publication in two national newspapers of general circulation. [Sec. 5]

Thirteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand five.

REPUBLIC ACT No. 9346 June 24, 2006

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended.

SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks 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 Act who are being considered or recommend for commutation or pardon; Provided, however, That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Article VII of the Constitutions.

SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general circulation.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2254 and House Bill No. 4826 was finally passed bu the Senate and the House of Representative on July 7, 2006.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: June 24, 2006

GLORIA MACAPAGAL-ARROYO
President of the Philippines