Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 3384

Introduced by Representative Pedro P. Romualdo

EXPLANATORY NOTE
Section 11, Article II of the Constitution provides that,

“Sec. 11. The State values the dignity of every
human person and guarantees full respect for human
rights.”

Article 5 of the Universal Declaration on Human Rights states that,

“No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment”

while Article 7 of the International Covenant on Civil and Political
Rights declares that,

“No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his free consent
to medical or scientific experimentation.”

Acts of torture are, by themselves, deplorable and reprehensible,
and should be punished. All individuals must be protected by law against
all forms of torture and inhuman and degrading treatment, regardless of
the status, station or personality of the perpetrator. Acts of torture can be


committed by anyone. Anti-Torture legislation must, therefore, cover all
acts of torture and other forms of cruel, inhuman or degrading treatment.

While Article 1 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment defines torture
as:

“x x x any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a
third person has committed or is suspected of having
committed, or intimidating or coercing him 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 public
official or other person acting in an official capacity”

it also provides that:

“This article is without prejudice to any international
instrument or national legislation which does or may contain
provisions of wider application.”

Thus, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to which the Philippines is a
signatory allows, if not encourages, “national legislation which does or
may contain provisions of wider application.”

On November 10, 2009, the President signed into law Republic Act
No. 9745 entitled, “An Act Penalizing The Commission Of Acts Of
Yorture And Other Cruel, Inhuman And Degrading Treatment Or
Punishment, Prescribing Penalties Therefor And For Other Purpos
Unfortunately, Republic Act No. 9745 limits its coverage to acts of
torture committed by. and other cruel, inhuman or degrading treatment or
punishment inflicted by, “a person in authority or an agent of a person in
authority.” Thus, acts of torture committed by members of rebel groups,
criminal syndicates and other private persons are not within the purview
of, and are not punished by, Republic Act No. 9745.

It is incumbent upon Congress to pass legislation which punishes
all acts of torture and other forms cruel, inhuman or degrading treatment.
More importantly, we have the responsibility to enact legislation that


would protect each individual against these acts and to prevent their
occurrence. This measure seeks to amend Republic Act No. 9745 by
punishing all acts of torture and other forms of cruel, inhuman or
degrading treatment, whether the same be committed by public offic’
or their agents or by private individuals.

It should also be recognized, however, that public officers are
subject to a higher standard of responsibility. This measure provides that
where the offense is committed by a public officer who takes advantage
public position in the commission of the offense, the penalty to be
imposed shall be in its maximum period, similar to what is provided in
Article 14(1) in relation to Article 64(3) of the Revised Penal Code.

In view of the foregoing, approval of this bill is earnestly and

urgently recommended. S2)
AB sk


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS

First Regular Session

HOUSE BILLNo,__ 3384

Introduced by Representative Pedro P. Romualdo

AN ACT

AMENDING REPUBLIC ACT NUMBERED NINE
THOUSAND SEVEN HUNDRED AND FORTY-
FIVE ENTITLED, “AN ACT PENALIZING THE
COMMISSION OF ACTS OF TORTURE AND
OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT,
PRESCRIBING PENALTIES THEREFOR AND
FOR OTHER PURPOSES.”

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

Section 1. Section 3 of Republic Act No. 9745 is hereby

amended to read, as follows:

Section 3. Definitions. — For purposes of this Act,
the following terms shall mean:

(a) “Torture” refers to an act by which
severe pain or suffering, whether physical or
mental, is intentionally inflicted on an
individual 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. It
does not include pain or suffering arising only
from, inherent in or incidental to lawful
sanctions.

(b) “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 any person against an
individual under his/her custody or detention,
whether such detention be lawful or not, which
attains a level of severity causing suffering,
gross humiliation or debasement to the latter.

(c) “Victim” refers to the person
subjected to torture or other cruel, inhuman and
degrading treatment or punishment as defined
above and any individual who has suffered
harm as a result of any act(s) of torture, or other
cruel, inhuman and degrading treatment or
punishment.

(d) “Order of Battle” refers to a
document made by the military, police or any
law enforcement agency of the government,
listing the names of persons and organizations
that it perceives to be enemies of the State and
that it considers as legitimate targets as
combatants that it could deal with, through the
use of means allowed by domestic and
international law.

Section2. Section 4 of Republic Act No. 9745 is hereby

amended to read, as follows:

SEC. 4. Acts of Torture. — For purposes of this
Act, torture shall include, but not be limited to, the
following:


(a) Physical torture is a form of
treatment or punishment inflicted by any
person, upon another in his/her custody or
detention, whether such custody or detention is
lawful or not, 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;

di) 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 _~—_—s mental:
competency: or (ii) the use of drugs to
induce extreme pain or certain symptoms
ofa disease; and

(14) other analogous acts of
physical torture; and

(b) | Mental/Psychological torture refers
to acts committed by any person 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 public humiliation
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;

(dl) deliberately prohibiting
the victim to communicate with any
member of his/her family; and

(12) other analogous acts of
mental/psychological torture.

Section 3. Section 5 of Republic Act No. 9745 is hereby

amended to read, as follows:

Section 5. Other Cruel, Inhuman and Degrading
Treatment or Punishment. — 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 any person against another
person in custody or under detention, 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.

Section 4. Section 6 of Republic Act No. 9745 is hereby

amended to read, as follows:

SEC. 6. Freedom from Torture as a_ Non-
derogable Right. — Torture is hereby declared 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. The crime of torture, as defined and punished in
this Act, shall not be absorbed in the offenses of rebellion
and insurrection as defined in Article 134 of the Revised
Penal Code, as amended. 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.

Section 5. Section 12 of Republic Act No. 9745 is hereby

amended to read, as follows:

SEC.12. Criminal Liability. - Any person who
actually participated or induced, directed or commanded
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 person 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 himself profiting from or
assisting the offender to profit from the effects
of the act of torture or other crucl, 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.

Section 6. Section 13 of Republic Act No. 9745 is hereby

amended to read, as follows:

Section 13. Liability of Commanding Officer or
Superior. — If an offense defined in Section 4 or 5 of this
Act is committed by a member of the Armed Forces of the
Philippines, the Philippine National Police or other law
enforcement agency of the Government in the performance
of his official functions or duties and by taking advantage of
his official position, the offender’s immediate superior in the
unit or office Armed Forces of the Philippines, Philippine
National Police or other law enforcement agency 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
comunitted 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.

Section 7. Section 14 of Republic Act No. 9745 is hereby

amended to read, as follows:

Section 14. Penalties. — (a) The penalty of reclusion
perpetua shall be imposed 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.

(b) 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; Provided that, if the offender is a public officer who
took advantage of his position in the commission of the
offense, the penalty herein prescribed shall be imposed in its
maximum period.

(c) | 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; Provided that, if the offender is a public officer who
took advantage of his position in the commission of the
offense, the penalty herein prescribed shall be imposed in its
maximum period.


(d) 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; Provided that, if the offender is a public officer who
took advantage of his position in the commission of the
offense, the penalty herein prescribed shall be imposed in its
maximum period.

(e) 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; Provided
that, if the offender is a public officer who took advantage of
his position in the commission of the offense, the penalty
herein prescribed shall be imposed in its maximum period.

(f) The penalty of prision correccional in its
maximum period shall be imposed on the immediate
superior, as provided in Section 13 of this Act, 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.

g) 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; Provided
that, if the offender is a public officer who took advantage of
his position in the commission of the offense, the penalty
herein prescribed shall be imposed in its maximum period.



(h) The penalty of arresto mayor shall be imposed
for acts constituting cruel, inhuman or degrading treatment
or punishment; Provided that, if the offender is a public
officer who took advantage of his position in the commission
of the offense, the penalty herein prescribed shall be
imposed in its maximum period.

Section 8. Separability Clause. — If any provision of this Act is

declared invalid or unconstitutional, the other provisions not affected

thereby shall continue to be in full force and effect.

Section 9. Repealing Clause. — All laws, decrees, executive
orders or rules and regulations contrary to or inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.

Section 10. Effectivity. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general

circulation.

Approved,