AN
ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE METHOD OF CARRYING OUT
CAPITAL PUNISHMENT, AMENDING FOR THE PURPOSE ARTICLE 81 OF THE REVISED
PENAL CODE, AS AMENDED BY SECTION 24 OF REPUBLIC
ACT NO. 7659.
Section
1. Article 81 of the Revised
Penal Code, as amended by Section 24 of Republic
Act No. 7659 is hereby further amended to read as follows:chan
robles virtual law library
"Art.
81. When and how the death
penalty is to be executed. — The death sentence shall be executed
with
preference to any other penalty and shall consist in putting the person
under the sentence to death by lethal injection. The death sentence
shall
be executed under the authority of the Director of the Bureau of
Corrections,
endeavoring so far as possible to mitigate the sufferings of the person
under the sentence during the lethal injection as well as during the
proceedings
prior to the execution.
chan
robles virtual law library
"The
Director of the Bureau of Corrections shall take steps to ensure that
the
lethal injection to be administered is sufficient to cause the
instantaneous
death of the convict.chan
robles virtual law library
"Pursuant
to this, all personnel involved in the administration of lethal
injection
shall be trained prior to the performance of such task.
"The
authorized physician of the Bureau of Corrections, after thorough
examination,
shall officially make a pronouncement of the convict's death and shall
certify thereto in the records of the Bureau of Corrections.
The
death sentence shall be carried out not earlier than one (1) year nor
later
than eighteen (18) months after the judgment has become final and
executory
without prejudice to the exercise by the President of his executive
clemency
powers at all times."
Sec.
2. Persons already sentenced
by judgment, which has become final and executory, who are waiting to
undergo
the death penalty by electrocution or gas poisoning shall be under the
coverage of the provisions of this Act upon its effectivity. Their
sentences
shall be automatically modified for this purpose.
chan
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Sec.
3. Implementing Rules.
— The Secretary of Justice in coordination with the Secretary of Health
and the Bureau of Corrections shall, within thirty (30) days from the
effectivity
of this Act, promulgate the rules to implement its provisions.
Sec.
4. Repealing Clause. —
All laws, presidential decrees and issuances, executive orders, rules
and
regulations or parts thereof inconsistent with the provisions of this
Act
are hereby repealed or modified accordingly.chan
robles virtual law library
Sec.
5. Effectivity. — This
Act shall take effect fifteen (15) days after its publication in the
Official
Gazette or in at least two (2) national newspapers of general
circulation,
whichever comes earlier. Publication shall not be later than ten (10)
days
after the approval thereof.
Approved:
March
20, 1996
