THIRTEENTH CONGRESS OF THE REPUBLI 
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OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
The Philippines is a signatory to major international human rights treaties 
including the International Covenant on Civil and Political Rights (ICCPR), and the 
Convention against Torture. 
As enshrined in Article 7 of the ICCPR and other 
standards, “No one may be subjected to torture or to cruel, inhuman or degrading 
treatment or punishment.” By ratifying the Convention on Torture, the Philippines 
became bound by its provisions and thereby committed itself to “take effective 
legislative, administrative, judicial and other measures” to prevent torture in any 
territory under its jurisdiction. 
Likewise, Section 19(2), Article Ill of the Constitution provides that “The 
punishment of physical and psychological, or degrading punishment against any 
prisoner or detainee or the use of substandard or inadequate penal facilities under 
subhuman conditions shall be dealt with by law.” 
Under Executive Order 163, the Philippine Commission on Human Rights 
(PCHR) was established to give effect to the State policy that ”the State values the 
dignity of every human person and guarantees full respect for human rights.” 
Despite international and domestic commitments, torture in the Philippines 
persists, constituting as one of the most serious assaults on the principle of respect for 
human dignity. Techniques of torture used in recent years mirror those used in the 
1970s and 1980s. These torture methods include electro-shocks, the use of plastic 
bags to suffocate detainees, burning detainees with cigarettes, beating with fists, 
metal pipes or gun barrels and placing chilli peppers on the detainees’ eyes or 
genitals. These techniques are used to extract information and force confessions. 
Those most at risk of torture are alleged members of armed opposition groups and 
their suspected sympathizers, ordinary criminal suspects and members of poor or 
marginalized communities, including women and children, who are suspected of 
committing criminal acts. 
While the‘ absolute prohibition on torture and ill-treatment under international 
law is affirmed in the Philippine Constitution, it has not yet been reflected in domestic 
law. It is therefore imperative that the government take immediate steps to prevent 
torture and ill-treatment in custody. This bill therefore seeks to fill in the gap by 
specifically defining and penalizing acts of torture, criminalizing the same in whatever 
stage it may have been committed and in whatever nature the participation of 


perpetrators of torture is, and imposing the penalties proportional to the gravity of the 
offense. 
In view of the foregoing, passage of this bill is earnestly requested. 
SERGIQ QSMENA 111 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S. No. 
QLJ 
Introduced by Senator S. R. Osmefia Ill 
AN ACT 
PENALIZING THE COMMISSION OF ACTS OF TORTURE AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
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Act of 2004”. 
SECTION 1. Short Title - This Act shall be known as the “Anti-Torture 
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SEC. 2. Statement of Policy. It is hereby the policy of the State to fully 
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adhere to the principles and standards on the absolute condemnation and 
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prohibition of torture set by the Constitution and various international 
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instruments, including the UN Convention Against Torture and Other Cruel, 
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Inhuman or Degrading Treatment or Punishment, to which the Philippines is a 
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signatory. Towards this end, the State shall ensure that the rights of all persons, 
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including suspects, detainees or prisoners are respected at all times. 
SEC. 3. Definition of Terms. “Torture” as used in this Act shall mean any 
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act by which severe pain or suffering, whether physical, mental or 
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pharmacological is intentionally inflicted by or at the instigation of or with 
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consent or acquiescence of a public official or other person acting in an official 
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capacity, on a person for such purposes as obtaining from him or a third person 
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information or confession, punishing him for an act he has committed or 
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suspected of having committed, or intimidating and coercing him/her or a third 


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person, or for any reason based on discrimination of any kind, when such pain 
or suffering is inflicted for the purpose of extracting information or confession. 
For purposes of this Act, torture shall include but shall not be limited to the 
following: 
A. Physical Torture: 
systematic beatings, headbangings, punching, kicking, striking with 
truncheons, rifle butts, jumping on the stomach; 
food deprivation or forcible feeding with spoiled food, animal or 
human excreta or other food not normally eaten by the victim; 
electric shocks; 
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 wounds; 
the submersion of the victim’s head in water or water polluted with 
excrement, urine, vomit and/or blood until on the brink of suffocation; 
being tied or forced to assume fixed and stressful bodily positions; 
rape and sexual abuse, including the insertion of foreign bodies into 
the sex organs or rectum or electrical torture of the genitals; 
mutilation, such as amputation of the essential parts of the body 
such as the genitalia, ears, tongue, etc.; 
dental torture or the forced extraction of the teeth; 
harmful exposure to the elements such as sunlight and extreme 
cold; 
the use of plastic bags and other materials placed over the victim’s 
head to the point of asphyxiation; and 
other forms of aggravated and deliberate cruel, inhuman or 
degrading physical treatment or punishment. 
B. Mental/ Psychological Torture: 
I) blindfolding; 


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or other wrongful acts; 
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to their security; 
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threatening the victims or their families with bodily harm, execution 
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confining them in solitary cells or in cells put up in public places; 
confining them in solitary cells against their will or without prejudice 
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prolonged interrogation of victims so as to deny the person normal 
length of sleep and/or rest; 
maltreating a member of the victim's family; 
witnessing the torture sessions by the victim's family or relatives; 
denial of sleep/rest; 
shame infliction such as stripping the victims naked, parading them 
in public places, shaving their heads or putting marks on their bodies 
against their will; and 
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I O )  other forms of deliberate and aggravated cruel, inhuman or 
degrading mental treatment or punishment. 
C. Pharmacological Torture: 
I. administration of drugs to induce confession and/or reduce mental 
competency; 
the use of drugs to induce extreme pain or certain symptoms of 
disease; and 
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other forms of deliberate and aggravated cruel, inhuman or 
degrading pharmacological treatment or punishment. 
SEC. 4. Criminal Liabilily. Torture as defined in Section 2 of this Act is 
hereby declared as a criminal act. The individuals who actually participated in 
the infliction of deliberate and aggravated physical, mental and pharmacological 
harm, as well as the individuals present during the commission of said acts shall 
be liable as principals. An order from a superior officer or from a superior in the 
office or public authority shall not be invoked as a justification of torture. 


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SEC. 5. Liability of Commanding Officer. The immediate Commanding 
Officer or equivalent Senior Official shall be held liable as accessory to the crime 
for any acts of omission or negligence on his part that may have led to the 
commission of overt acts of deliberate and aggravated torture by his 
subordinates. However, he shall be liable as principal if he is present during the 
act of torture, whether he participated or not in the act of torture. 
SEC. 6. Right fo Medical Examination. Any person arrested, detained or 
under custodial investigation shall have the right to demand a medical 
examination by an independent and competent doctor of his own choice before 
and after interrogation, which shall be conducted outside the influence of the 
police or security forces. If such person cannot afford the services of his own 
doctor, he shall be provided with a competent and independent doctor by the 
investigating officer with the female victim provided with a female doctor. 
The medical report shall include in detail the history and the findings of 
the physical examination and shall be attached to the custodial investigation 
report, otherwise, such investigation report shall be deemed null and void and of 
no effect whatsoever. 
SEC. 7. Penalties. Torture that results in the loss of life of any person 
shall be considered as murder and shall be punishable as such. 
Torture that results to sexual abuse of the victim shall be considered as 
rape and shall be punishable as such. 
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person found guilty of any other form of physical and/or 
pharmacological torture shall suffer: 
a) The penalty of reclusion temporal, if in consequence of the physical 
and/or pharmacological torture, the victim shall become insane, imbecile, 
impotent, blind, or maimed for life; 
b) The penalty of prision mayor in its medium and maximum periods, if in 
consequence of the physical and/or pharmacological torture, the victim shall 
have lost the use of speech or the power to hear or to smell, or shall have lost 


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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 incapacitated for the work in which helshe was 
theretofore habitual I y engaged ; 
c) The penalty of prision mayor in its minimum and medium periods, if in 
consequence of the physical and/or pharmacological torture, the victim shall 
have become deformed, or shall have lost any other part of his body, or shall 
have lost the use thereof, or shall have been ill or incapacitated for the 
performance of the work in which he was habitually engaged for a period of 
more than 90 days; and, 
d) The penalty of prision correctional in its maximum period to prision 
mayor in its minimum period, if the consequences of the physical and/or 
pharmacological torture shall have caused the illness or incapacity for labor of 
the victim for more than thirty days. 
If mutilation results as a consequence of physical and pharmacological 
torture, the offender shall suffer the penalty of reclusion perpetua in its 
maximum period. 
Mental torture shall be punishable with reclusion temporal or a fine of not 
less than Fifty Thousand Pesos (P50,OOO.OO) or both, at the discretion of the 
court. 
A public official or employee found guilty of deliberate and aggravated 
torture shall be permanently disqualified from holding any appointive or elective 
position in the government. 
The penalty of imprisonment from three (3) years to six (6) years or a fine 
of not less than Twenty Thousand Pesos (P20,OOO.OO) or both, at the discretion 
of the court, shall be imposed upon any arresting public officer, employee or any 
investigating officer who violated the provision of Section 4 of this Act. 
The above penalties shall be without prejudice to other legal remedies 
available to the victim under the law. 


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SEC. 8. Protection of Victims of and Witnesses to Torture. Any individual 
who alleges he has been subjected to deliberate and aggravated torture shall 
have the right to complain to and to have his case promptly and impartially 
examined by, the competent authorities. Steps shall be taken to ensure that the 
complainant and witnesses are protected against all ill treatment or intimidation 
as a consequence of his complaint or any given evidence. 
SEC. .9. Compensation to Victims of Torture. Any person who has 
suffered torture shall have the right to claim for compensation as provided for 
under Republic Act No. 7309, otherwise known as the “Board of Claims Act of 
1999”, and under other financial relief programs that may be available to him. 
SEC. I O .  Implementing Rules and Regulations. The Department of 
Justice and the Commission on Human Rights, in consultation with human rights 
non-governmental organizations duly recognized and accredited by the 
government shall 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. 
SEC. 11. Repealing Clause. All laws or any part thereof, inconsistent 
herewith are hereby deemed repealed or modified accordingly. 
SEC. 12. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,