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Republic Act No. 9346· Enacted 2006-06-24

Death Penalty Abolition (RA 9346) — BatasKo ELI5

RA 9346 abolished the death penalty in the Philippines in 2006. All death sentences converted to reclusion perpetua. Plain-language guide for Filipinos.

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Ang Batas sa Madaling Salita— ELI5

RA 9346, signed in 2006, permanently banned the death penalty in the Philippines. Anyone who had been sentenced to death automatically had their sentence reduced to reclusion perpetua — imprisonment for the rest of their natural life. No Filipino court can impose the death penalty under this law.

Official text — Republic Act No. 9346

Jump to section ↓6 sections

Preamble

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

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One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed.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Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.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

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→

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 →

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 new→

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

The Lawphil Project - Arellano Law Foundation

Full text on BatasKo. Original source: Official Gazette / Lawphil.

Isipin mo: natagpuan kang guilty ng isang krimen na noon ay may kaparusahang kamatayan. Tapos biglang sinabi ng batas — hindi na. Bawal na. Iyan ang ginawa ng RA 9346.

ELI5: The Philippines officially abolished the death penalty on June 24, 2006. Any person sentenced to death automatically had their sentence reduced to life imprisonment (reclusion perpetua). No Filipino court — regional, appellate, or Supreme — can now impose the death penalty, ever.

Real Filipino Scenario

Carlo is a 28-year-old security guard from Cagayan de Oro. In 2005, a court convicted him of a crime that carried the death penalty under RA 7659. He was on death row, waiting.

Then June 24, 2006 arrived. President Gloria Macapagal-Arroyo signed RA 9346 into law.

Carlo's sentence was automatically converted to reclusion perpetua — life imprisonment, without the possibility of parole. He was no longer on death row. The state could no longer execute him.

His situation was still serious. But he was alive — and the law guaranteed he would stay that way.

What the Law Actually Says

Section 1 of RA 9346 states plainly: "The imposition of the penalty of death is hereby prohibited."

It repealed two prior laws:

  • RA 8177 — the Act that designated lethal injection as the method of execution
  • RA 7659 — the Death Penalty Law that listed capital offenses

Section 2 replaced death sentences with:

  • Reclusion perpetua — when the crime uses Revised Penal Code terminology
  • Life imprisonment — when the crime is defined under a special law outside the Revised Penal Code

Section 3 is the critical catch: anyone convicted under reclusion perpetua by reason of this Act is not eligible for parole under the Indeterminate Sentence Law.

Section 4 required the Board of Pardons and Parole to publish the names of those being considered for commutation or pardon in a newspaper of general circulation — at least once a week for three consecutive weeks.

The President's power to grant executive clemency (under Article VII, Section 19 of the Constitution) was expressly preserved.

What This Means for You

If you or a family member had a death sentence prior to June 2006, that sentence became reclusion perpetua automatically. No application, no appeal needed — the law converted it.

But here is the hard truth: reclusion perpetua means imprisonment for 20 years and 1 day up to 40 years, with no parole. After 40 years, the Board of Pardons and Parole can review the case for pardon or commutation — but only the President can grant it.

If you believe a loved one deserves clemency, you can file a petition with the Board of Pardons and Parole in Quezon City. That petition goes to the President.

What Most Filipinos Get Wrong

"The death penalty is gone forever in the Philippines." Not quite. RA 9346 prohibits it — but Congress could repeal RA 9346 and reimpose it. In fact, this has been debated multiple times since 2016. The abolition is statutory, not constitutional. The 1987 Constitution (Article III, Section 19) allows Congress to reimpose the death penalty for "heinous crimes."

"Reclusion perpetua means you will be released after serving time." Wrong. Under RA 9346 Section 3, those whose death sentences were converted to reclusion perpetua are not eligible for parole. The only path to freedom is presidential pardon or commutation.

"A court can still impose death for drug offenses." No. All death penalties — including those under the Comprehensive Dangerous Drugs Act (RA 9165) — were repealed or modified by RA 9346.

For OFWs / Para sa OFW

This is one of the most critical laws for OFWs, especially those working in countries that still have the death penalty (Saudi Arabia, UAE, China, Singapore, Malaysia, Indonesia).

RA 9346 does not protect you from another country's justice system. If you commit a crime abroad that carries the death penalty there, Philippine law cannot shield you.

However, there are important protections in place:

The Philippine government's position on OFW death row cases: The DFA (Department of Foreign Affairs) is mandated to provide consular assistance to Filipinos facing the death penalty abroad. This includes:

  • Hiring a lawyer (if you cannot afford one in some countries, the DFA may arrange legal assistance)
  • Facilitating access to the condemned person
  • Advocating for commutation through diplomatic channels

What to do if a family member is on death row abroad:

  1. Contact the nearest Philippine embassy or consulate immediately
  2. File a formal request for consular assistance
  3. Contact the DFA's Office of the Undersecretary for Migrant Workers' Affairs (OUMWA) at (02) 8834-4000
  4. Contact the DMW (Department of Migrant Workers) hotline at 1348

Many OFWs have been saved through sustained diplomatic pressure. The government has negotiated clemency in Saudi Arabia, China, and other countries multiple times — but early action is critical. Do not wait until execution is imminent.

What to Do If Your Rights Are Violated

If someone is facing illegal application of the death penalty within the Philippines (which should not exist under RA 9346):

  1. File a petition with the Supreme Court. The death penalty prohibition is a matter of law — the SC has original jurisdiction to review death sentences.
  2. Contact the Public Attorney's Office (PAO) at 1-800-10-PAO-8888 or visit the nearest PAO office. PAO provides free legal representation for indigent clients.
  3. File a complaint with the Commission on Human Rights (CHR) at (02) 8928-5655 if a government official violated this law.
  4. Contact the Board of Pardons and Parole (located in Quezon City) to initiate a pardon or commutation petition.
  5. Reach out to legal advocacy groups such as the Free Legal Assistance Group (FLAG) or Amnesty International Philippines if standard channels fail.

Related Laws

FAQs

Q: Kung convicted ka ng heinous crime ngayon, maaari ka bang mapatay ng gobyerno? A: Hindi. RA 9346 prohibits the imposition of the death penalty. The maximum penalty currently imposable is reclusion perpetua or life imprisonment, depending on the law violated.

Q: Ang mga nasentensiyahan ng kamatayan bago ang 2006 — napalaya na ba sila? A: Hindi awtomatikong napalaya. Their sentences were converted to reclusion perpetua, meaning they remain imprisoned. Only a presidential pardon or commutation of sentence can lead to release, and they are not eligible for parole.

Q: Can Congress bring back the death penalty? A: Technically yes. RA 9346 is an ordinary law that Congress can repeal. The 1987 Constitution (Article III, Section 19) permits the death penalty for heinous crimes if reimposed by Congress. But as of 2026, it has not been reimposed despite legislative attempts.

Sources

  1. Republic Act No. 9346, "An Act Prohibiting the Imposition of Death Penalty in the Philippines," approved June 24, 2006. https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html

General information only. Not legal advice. If you or a family member is facing criminal charges, consult the Public Attorney's Office (PAO) at 1-800-10-PAO-8888 or a licensed attorney.

By Irvin Abarca & Claude (AI Research Partner) · Published May 2026 · 6 min read

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO).

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