Short answer. The Revised Penal Code says yes — execution is suspended while the condemned woman is pregnant. However, the death penalty is no longer imposed in the Philippines. Republic Act No. 9346 (2006) abolished it, replacing death sentences with reclusion perpetua. Article 83's pregnancy protection retains legal significance as a statement of policy.
What the law says
The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age.
Revised Penal Code, Article 83 — Suspension Of Death Sentence. Read the full provision →
What Article 83 originally provided
Article 83 sets out two grounds for suspending a death sentence. The first protects pregnant women: the sentence cannot be carried out while the woman is pregnant. The second protects women within three years of the date of sentence — an additional buffer beyond pregnancy alone. The third protection extends to persons over seventy years of age, for whom the death sentence is not merely suspended but actually commuted to reclusion perpetua with its accessory penalties.
The death penalty is no longer imposed in the Philippines
Republic Act No. 9346, signed in 2006, prohibits the imposition of the death penalty in the Philippines. Courts can no longer sentence any person to death under the Revised Penal Code or any other law. In its place, the law imposes reclusion perpetua where the Revised Penal Code's nomenclature is used, or life imprisonment where it is not. The death penalty provisions in the Revised Penal Code — including Article 83 — remain in the text, but they operate in a legal environment where no such sentence can be handed down.
Why this article still matters
Even though the death penalty cannot currently be imposed, Article 83 reflects a principle of broad relevance: the law recognizes that certain vulnerabilities — pregnancy, advanced age — call for special protection in the criminal justice system. These protections are part of the Philippines' treaty obligations and its constitutional commitment to human dignity. If the death penalty were ever restored, Article 83's protections would immediately apply. It also informs how courts and correctional authorities approach the treatment of pregnant inmates and elderly persons in custody today.
Practical implications for those currently serving reclusion perpetua
For those who were originally sentenced to death and had that sentence commuted to reclusion perpetua after RA 9346 took effect, or who received reclusion perpetua directly under existing law, the accessory penalties attached to that sentence — including civil interdiction — continue to apply. Article 83's three-year and pregnancy protections were designed specifically for death sentences; they do not apply in the same way to reclusion perpetua. If you are dealing with a case involving serious criminal penalties, a lawyer can explain which provisions govern your specific situation.