Legal Document

Exam Booklet No.
“He said he will shoot the bottle on my head. He was one and a half yards away
from me. I was so afraid that I would get shot. I just closed my eyes in fear.”
This is a statement given by Alfreda Disbarro who was arrested for illegal drug
possession and trafficking in October 2013. She recounted her experience in the
hands of Police Officers to the International Organization, Amnesty Philippines.
The Constitution recognizes that the Government is imbued with power and
therefore its acts may prove fatal and detrimental when directed towards a single
individual. Because of this, Bill of Rights was included in the 1987 Constitution as
well as the other Constitutions we have come across. Among these rights, the
topic of this article is the one enshrined in Article III, Section 12, Paragraph 2 which
states that; “No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.”
In addition to this, the Fourteenth Philippine Congress has enacted a law entitled,
“Anti-Torture Act of 2009” to make sure that we fully adhere to the above-
mentioned Constitutional mandate. This law defines Acts of Torture in all its form as
well as all other inhumane punishments and treatments and subsequently provides
for their penalty.
Since time immemorial, human rights has been the greatest concern of the world
as history has been nothing but wars after wars waged against one another. It was
as evidenced by the creation of several organizations solely for the purpose of
establishing concrete rules and regulations on how to better safeguard mankind.
The United Nations is the best example of these organizations founded mainly for
this purpose. It was also through this organization that the Democratic aspect of
our State has been adopted. The Bill of Rights is a special mandate to the Republic
of the Philippines to uphold its human rights. Sadly, as time has changed, so is our
adherence to this. Reports after reports shows violations of such rights especially
the right against torture and other similar acts that diminish human dignity and free
will for one purpose and the other.
However, are these laws sufficient to remedy the torture cases in the Philippines?
Unfortunately, the answer to this question is on the negative.
In a study conducted by the Amnesty International has made a study that out of
the 55 cases that they have reported in August 2013 to September of 2014 none
of the people liable for these acts were convicted nor tried. This is only one out of
the many studies that they have conducted. Most of their respondents contends
that they were forced to admit to crimes they never actually committed or
evidence they have never seen before. This is a tragic downfall of our human
rights. In a separate ‘interview, officers contend that it is the fastest and best way
to make a person admit to the crime being accused to them.
Therefore, it is very much apparent that the procedural safeguards that we have
need to be effectively implemented. Among the problems and gap that were
cited by the organization are continuing issue of corruption, the gap in the legal
systems and the side of the enforcers, as well as the lack of sufficient awareness
on the part of the victims. The inadequate disciplinary measures actually carried
out to those Police Enforcers who has been accused seems to be most probable
cause of such. If stricter measures will be carried out and close scrutiny and
documentation in terms of handling prisoners and detainee’s will be observed,
then it will make a great difference to the administration of justice. On the other
hand, if these accused and detainees are informed and fully aware of their rights
against this matter, they will know how to properly invoke these and will greatly
diminish the cases similar to this. Proper information dissemination as to the manner
in how they can protect themselves will be the best key to overcoming this hurdle.
And lastly, respect and value for human dignity. More than anything else, this
should always be upheld in each and everyone.

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Exam Booklet No.

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