Philippine president's photo misused in false posts saying he 'reinstated capital punishment'

A video that features an image of Philippine President Ferdinand Marcos holding a document with his signature has been viewed tens of thousands of times in social media posts that falsely claim he had reinstated the death penalty in the archipelago. But the image actually shows Marcos signing a controversial wealth fund law in July. Several Philippine legislators have filed bills seeking to bring back capital punishment for heinous crimes but none had been enacted into law as of August 9, 2023.

"Death penalty is back. This will eliminate all the greedy ones in government," reads the Tagalog-language text on the thumbnail of a YouTube video that has been viewed more than 100,000 times since it was posted on July 30, 2023.

The thumbnail features an image of Marcos holding a signed document alongside photos of his predecessor Rodrigo Duterte, chief of the public attorney's office Persida Acosta, former senator Franklin Drilon, Senator Mark Villar and Vice President Sara Duterte.

The video's title, referring to Marcos by his popular initials "BBM" says in part: "JUST IN : GOODNEWS! PRES BBM DEATH PENALTY APPROVED."

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Screenshot of the false post, captured on August 8, 2023

The Philippines abolished capital punishment in 1987 after the rule of the late dictator Ferdinand Marcos Sr -- the president's father -- but was reintroduced six years later before being abolished again in 2006.

Marcos' predecessor Rodrigo Duterte frequently pushed lawmakers to restore the death penalty as part of his anti-narcotics crackdown that advocates say killed thousands.

The video itself is an 11-minute discussion of Acosta's changing views on capital punishment from an opponent to supporter of the measure (archived links here and here).

Links to the video were shared on Facebook here, here and here while screenshots showing the thumbnail were published here and here in posts that also say Marcos brought back the death penalty.

Comments on the posts suggest some people believed capital punishment had been reinstated.

One wrote: "Great job and congratulations for Implementing the Death Penalty Act...thank you so much Atty P Acosta."

"We are so happy that the death penalty has finally been approved," another said.

Fabricated claim

Since Marcos was elected president in 2022, eight bills about bringing back the death penalty have been filed in Congress -- four in the House of Representatives and four in the Senate.

All of these bills, however, remain "pending at the committee level" as of August 9, 2023 according to the official websites of both chambers of Congress.

Under the Philippines' law-making process, a bill is referred to a committee after it has been filed by lawmakers. This is the earliest step in a multi-stage process which requires a majority of Congress to support the bill and needs the president's approval before it is enshrined in law (archived link).

Cheloy Garafil from the Philippines' Presidential Communications Office (PCO) told AFP on August 3: "No death penalty law was signed by the president."

A search through the Official Gazette -- the repository of laws and official presidential issuances in the Philippines -- did not turn up any new law restoring the death penalty (archived link).

Misused photo

Moreover, a reverse image search of the picture of Marcos featured in the false posts found it was taken after he signed into law a bill creating an US$8.9 billion sovereign wealth fund in July.

Footage of the signing ceremony was uploaded to the verified YouTube channel of Radio Television Malacanang, a broadcasting service under the president's office (archived link).

Below is a screenshot comparison of the image in the false posts (left) and a screengrab from footage of the signing ceremony (right):

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Marcos had pushed Congress for swift approval of the bill, which was filed by his son and cousin in late 2022.

Proponents of the measure say it is aimed at boosting economic growth and infrastructure spending but critics warned it will be prone to misuse.

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