IMPORTANT PROVISIONS OF THE ANTI-TORTURE LAW

Sec. 2 of the new law declares the policy of the State:

(a) to value the dignity of every human person and guarantee full respect
for human rights;

(b) to ensure that the rights of all persons, including suspects, detainees
and prisoners are respected at all times; that no person placed under
investigation or held in custody by any person in authority or agent of a
person in authority shall be subjected to torture, physical harm, force,
violence, threat or intimidation or any act that impairs his/her free will; and
that secret detention places, solitary, incommunicado or other similar forms
of detention, where torture may be carried out with impunity, are hereby
prohibited; and

(c) to fully adhere to the principles and standards on the absolute

condemnation and prohibition of torture set by the 1987 Philippine
Constitution and various international instruments, such as the
International Covenant on Civil and Political Rights (ICCPR), the Convention
on the Rights of the Child (CRC), the Convention on the Elimination of All
Forms of

Discrimination Against Women (CEDAW) and the Convention Against

Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment (CAT), to which the Philippines is a State party.
Under Sec. 3, “torture” refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him/her or a third person information or a
confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or coercing
him/her or a third person; or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in authority or agent of a
person in authority. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.

“Other cruel, inhuman and degrading treatment or punishment” refers to a

deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person
in authority against a person under his/her custody, which attains a level of
severity causing suffering, gross humiliation or debasement to the latter.

Sec. 4 provides that torture (physical and mental) shall include, but is not
be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a

person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:

1. systematic beating, headbanging, punching, kicking, striking with

truncheon or rifle butt or other similar objects, and jumping on the
stomach;
2. food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;

3. electric shock;

4. cigarette burning; burning by electrically heated rods, hot oil, acid; by

the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s);

5. the submersion of the head in water or water polluted with excrement,

urine, vomit and/or blood until the brink of suffocation;

6. being tied or forced to assume fixed and stressful bodily position;

7. rape and sexual abuse, including the insertion of foreign bodies into the
sex organ or rectum, or electrical torture of the genitals;

8. mutilation or amputation of the essential parts of the body such as the

genitalia, ear, tongue, etc.;

9. dental torture or the forced extraction of the teeth;

10. pulling out of fingernails;

11. harmful exposure to the elements such as sunlight and extreme cold;

12. the use of plastic bag and other materials placed over the head to the
point of asphyxiation;

13. the use of psychoactive drugs to change the perception, memory,

alertness or will of a person, such as: (i) the administration of drugs to
induce confession and/or reduce mental competency; or (ii) the use of
drugs to induce extreme pain or certain symptoms of a disease; and

14. other analogous acts of physical torture; and

(b) Mental/Psychological torture refers to acts committed by a person in

authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person’s dignity and morale, such
as:

1. blindfolding;

2. threatening a person(s) or his/her relative(s) with bodily harm,

execution or other wrongful acts;

3. confinement in solitary cells or secret detention places;

4. prolonged interrogation;

5. preparing a prisoner for a “show trial”, public display or publichumiliation

of a detainee or prisoner;

6. causing unscheduled transfer of a person deprived of liberty from one

place

to another, creating the belief that he/she shall be summarily executed;

7. maltreating a member/s of a person’s family;

8. causing the torture sessions to be witnessed by the person’s family,

relatives or any third party;

9. denial of sleep/rest;

10. shame infliction such as stripping the person naked, parading him/her
in public places, shaving the victim’s head or putting marks on his/her body
against his/her will;

11. deliberately prohibiting the victim to communicate with any member of

his/her family; and

12. other analogous acts of mental/psychological torture.

Per Sec. 5, other cruel, inhuman or degrading treatment or punishment
refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority
or agent of a person in authority against another person in custody, which
attains a level of severity sufficient to cause suffering, gross humiliation or
debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the
treatment or punishment, its physical and mental effects and, in some
cases, the sex, religion, age and state of health of the victim.

Sec. 6 expressly declares that torture as a criminal act. No exceptional

circumstances whatsoever, whether a state of war or a threat of war,
internal political instability or any other public emergency, may be invoked
as a justification for torture. An “Order of Battle” or any order from a
superior officer or public authority shall not be invoked as a justification for
the commission of torture.

Sec. 7 commands that any confession, admission or statement obtained as

a result of torture shall not be invoked as evidence in any proceedings,
except against a person accused of torture as evidence that said
confession, admission or statement was made.

Sec. 8 provides that any individual who alleges that he/she has been
subjected to torture and other cruel, inhuman and degrading treatment or
punishment shall have the right to complain to and to have his/her case
promptly and impartially examined by competent authorities. The State
through its appropriate agencies shall ensure the safety of the complainant
or victim and all other persons involved in the investigation and
prosecution of cases of torture and other cruel, inhuman and degrading
treatment or punishment such as the legal counsel, witnesses, relatives of
the victims, representatives of human rights organizations and media. They
shall be entitled to the Witness Protection, Security and Benefit Program,
as provided under Republic Act No. 6981, and other laws, rules and
regulations. They shall be protected from ill-treatment and any act of
intimidation or reprisal as a result of the complaint or filing of charges. Any
person committing such acts shall be punished under existing laws.

Under Sec. 9 a writ of habeas corpus or writ of amparo or writ of habeas

data proceeding, if any, filed on behalf of the victim of torture or other
cruel, degrading and inhuman treatment or punishment shall be disposed
of expeditiously and any order of release by virtue thereof, or other
appropriate order of a court relative thereto, shall be executed or complied
with immediately.

Sec. 10 commandes the the Commission on Human Rights of the

Philippines (CHRP) and the Public Attorney’s Office (PAO) to render legal
assistance in the investigation and monitoring and/or filing of the complaint
for a person who suffers torture and other cruel, inhuman and degrading
treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the
Barangay Human Rights Action Center nearest him/her as well as from
human rights nongovernment organizations (NGOs).

Under Sec. 11, before and after interrogation, every person arrested,
detained or under custodial investigation shall have the right to be
informed of his/her right to demand a physical examination by an
independent and competent doctor of his/her own choice. If such person
cannot afford the services of his/her own doctor, he/she shall be provided
by the State with a competent and independent doctor to conduct physical
examination. The State shall endeavour to provide the victim with
psychological evaluation if available under the circumstances. If the person
arrested is a female, she shall be attended to preferably by a female
doctor. Furthermore, any person arrested, detained or under custodial
investigation shall have the right to immediate access to quality medical
treatment.

The physical examination and/or psychological evaluation of the victim

shall be contained in a medical report which shall include in detail his/her
medical history and findings, and which shall be attached to the custodial
investigation report. Following applicable protocol agreed upon by
agencies, medical reports shall, among others, include the following:

(a) The name, age and address of the patient;

(b) The name and address of the nearest of kin of the patient;

(c) The name and address of the person who brought the patient to a
hospital clinic or to a health care practitioner for physical and psychological
examination;

(d) The nature and probable cause of the patient’s injuries and trauma;

(e) The approximate time and date when the injury and/or trauma was
sustained;

(f) The place where the injury and/or trauma was sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this provision
may knowingly and voluntarily waive such rights in writing, executed in the
presence and assistance of his/her counsel.

Sec. 12 expressly provides that any person who actually participated or

induced another in the commission of torture or other cruel, inhuman and
degrading treatment or punishment or who cooperated in the execution of
the act of torture by previous or simultaneous acts shall be liable as
principal. Any superior military, police or law enforcement officer or senior
government official who issued an order to a lower ranking personnel to
subject a victim to torture or other cruel, inhuman and degrading
treatment or punishment for whatever purpose shall be held equally liable
as principal. Any public officer or employee shall be liable as an accessory if
he/she has knowledge that torture or other cruel, inhuman and degrading
treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part
subsequent to its commission in any of the following manner:

(a) By themselves profiting from or assisting the offender to profit from the
effects of the act of torture or other cruel, inhuman and degrading
treatment or

punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading
treatment or punishment and/or destroying the effects or instruments
thereof in order to prevent its discovery; or
(c) By harboring, concealing or assisting in the escape of the principal/s in
the act of torture or other cruel, inhuman and degrading treatment or
punishment: Provided, That the accessory acts are done with the abuse of
the official’s public functions.

Command responsibility is enshrined in the new law. Under Sec. 13,the

immediate superior of the unit concerned of the Armed Forces of the
Philippines or the equivalent senior official of the offender shall be held
accountable for “neglect of duty” under the doctrine of “command
responsibility” if he/she has knowledge of or, owing to the circumstances at
the time, should have known that acts of torture or other cruel, inhuman
and degrading treatment or punishment shall be committed, is being
committed or has been committed by his/her subordinates or by others
within his/her area of responsibility and, despite such knowledge, did not
take preventive or corrective action either before, during or immediately
after its commission, when he/she has the authority to prevent or
investigate allegations of torture or other cruel, inhuman and degrading
treatment or punishment but failed to prevent or investigate allegations of
such act, whether deliberately or due to negligence, shall, without
prejudice to criminal liability, be held administratively liable under the
principle of command responsibility.

Sec. 14 provides for the penalty of reclusion perpetua upon the

perpetrators of the following acts:

1. Torture resulting in the death of any person;

2. Torture resulting in mutilation;

3. Torture with rape;

4. Torture with other forms of sexual abuse and, in consequence of torture,
the victim shall have become insane, imbecile, impotent, blind or maimed
for life; and

5. Torture committed against children.

The penalty of reclusion temporal shall be imposed on those who commit

any act of mental/psychological torture resulting in insanity, complete or
partial amnesia, fear of becoming insane or suicidal tendencies of the
victim due to guilt, worthlessness or shame.

The penalty of prision mayor in its medium and maximum periods shall be
imposed if, in consequence of torture, the victim shall have lost the power
of speech or the power to hear or to smell; or shall have lost an eye, a
hand, a foot, an arm or a leg; or shall have lost the use of any such
member; or shall have become permanently incapacitated for labor.

The penalty of prision mayor in its minimum and medium periods shall be
imposed if, in consequence of torture, the victim shall have become
deformed or shall have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.

The penalty of prision correccional in its maximum period to prision mayor

in its minimum period shall be imposed if, in consequence of torture, the
victim shall have been ill or incapacitated for labor for more than thirty (30)
days but not more than ninety (90) days.
The penalty of prision correccional in its maximum period shall be imposed
on the immediate officer who, either deliberately or by inexcusable
negligence, failed to do an act even if he/she has knowledge or, owing to
the circumstances at the time, should have known that acts of torture or
other cruel, inhuman or degrading treatment or punishment shall be
committed, is being committed or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite
such knowledge, did not take preventive or corrective action either before,
during or immediately after its commission, when he/she has the authority
to prevent or investigate allegations of torture or other cruel, inhuman and
degrading treatment or punishment.

The penalty of prision correccional in its minimum and medium period shall
be imposed if, in consequence of torture, the victim shall have been ill or
incapacitated for labor for thirty (30) days or less.

The penalty of arresto mayor shall be imposed for acts constituting cruel,
inhuman or degrading treatment or punishment.

In order not to depreciate the crime of torture, persons who have

committed any act of torture shall not benefit from any special amnesty
law or similar measures that will have the effect of exempting them from
any criminal proceedings and sanctions. (Sec. 15).

Sec. 16 provides for the international law aspect of the crime.

Notwithstanding the provisions of the foregoing section, any investigation,
trial and decision in any Philippine court or other agency for any violation
of this Act shall be without prejudice to any investigation, trial, decision or
any other legal or administrative process before the appropriate
international court or agency under applicable international human rights
and humanitarian laws.

Sec. 17 provides that no person shall be expelled, returned or extradited to

another State where there are substantial grounds for believing that such
person would be in danger of being subjected to torture and other cruel,
inhuman and degrading treatment or punishment.

For the purpose of determining whether there are such grounds, the
Secretary of Foreign Affairs and the Secretary of Justice, in coordination
with the Chairperson of the CHRP, shall take into account all relevant
considerations including, where applicable, the existence in the requesting
State of a consistent pattern of gross, flagrant or mass violations of human
rights.

Sec. 18 contains the compensation clause of the law. Any person who has
suffered torture or other cruel, inhuman and degrading treatment or
punishment shall have the right to claim for compensation as provided for
under Republic Act No. 7309:

Provided, That in no case shall the compensation be any lower; than Ten
thousand pesos (P10,000.00). The victim shall also have the right to claim
for compensation from such other financial relief programs that may be
available to him/her.

Sec. 19 provides that within one (1) year from the effectivity of this Act,
the Department of Social Welfare and Development (DSWD), together with
the Department of Justice (DOJ) and the Department of Health (DOH) and
such other concerned government agencies, shall formulate a
comprehensive rehabilitation program for victims of torture and their
families. Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture and other
cruel, inhuman and degrading treatment or punishment shall likewise be
formulated by the same agencies.

Sec. 20 assigns the CHRP as the head of the oversight committee to

monitor the enforcement of the new law. An oversight committee is
created to periodically oversee the implementation of this Act. The
committee shall be headed by a commissioner of the CHRP, with the
following as members: an undersecretary of the DOJ, the chairperson of
the Senate Committee on Justice and Human Rights, the respective
chairpersons of the House of Representatives’ Committees on Justice and
Human Rights and the respective chairpersons of two (2) nationally
organized human rights NGOs, one of whose functions is the monitoring of
cases of torture and other cruel, inhuman and degrading treatment or
punishment.

Sec. 22 provides that the provisions of the Revised Penal Code shall be
suppletory to the new law.

Sec. 24 commands the DOJ and the CHRP, with the active participation of
human rights NGOs, to jointly promulgate the rules and regulations for the
effective implementation of this Act. They shall also ensure the full
dissemination of such rules and regulations to all officers and members of
various law enforcement agencies.