Fact check - gov't services/laws

Homicide with rape punishable by reclusion perpetua, not death penalty

Rappler.com

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Homicide with rape punishable by reclusion perpetua, not death penalty
Suspect Gaspar Maneja Jr. is facing charges of homicide with rape. If found guilty, he will be punished with reclusion perpetua and not death penalty, as it is prohibited by the law.

Claim: The death penalty punishment was imposed on Gaspar Maneja Jr., a suspect in a rape and slay case in Bulacan.

The video with this claim says, “Naaprubahan na ang parusang bitay para unang masampolan si Gaspar dahil sa ginawa nito kay Princess Marie.” (The death penalty has been approved to punish Gaspar for what he did to Princess Marie.)

Rating: FALSE

Why we fact-checked this:  The video posted has 1 million views, 46,000 reactions, and 11,000 comments, as of writing. 

The bottom line: The Philippine law does not allow death penalty as punishment for crimes. Republic Act No. 9346, or An Act Prohibiting the Imposition of Death Penalty in the Philippines, was signed into law by then-president Gloria Macapagal-Arroyo on June 6, 2006.

No sentence given yet: As of the latest news, the police arrested Maneja, suspect in the rape and killing of a 15-year old girl in Bulacan, on August 20, 2022, in Camarines Sur. Maneja is facing charges of homicide with rape.

Reduced sentence: Under Section 2 (a) of RA 9346, violations punishable by death penalty as imposed by the Revised Penal Code shall be reduced to reclusion perpetua, or at least 30 years in prison. 

Section 3 of the said law also states that people with reduced sentences due to the said act shall not be eligible for parole. 

Sentence for rape: As provided by RA 8353, or the Anti-Rape Law of 1997, the death penalty is given when by reason or on occasion of rape, homicide is committed. However, due to RA 9346, penalty for such instances is reduced to reclusion perpetua. – Ailla dela Cruz/Rappler.com

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