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ANTI-TORTURE ACT (RA 9745) (12) Use of plastic bag and other materials placed over parading him/her

her materials placed over parading him/her in public


the head to the point of asphyxiation; places, shaving the victim's head
"Torture" - act by which severe pain or suffering, whether physical or mental, is intentionally (13) Use of psychoactive drugs to change the or putting marks on his/her
inflicted on a person for such purposes as: perception, memory. alertness or will of a person, body against his/her will;
a) obtaining from him or a third person information or a confession; such as: (11) Deliberately prohibiting the
b) punishing him for an act he or a third person has committed or is suspected of having (i) Administration or drugs to induce confession victim to communicate with any
committed; and/or reduce mental competency; or member of his/her family; and
c) intimidating or coercing him or a third person; or (ii) Use of drugs to induce extreme pain or (12) Other analogous acts of
d) for any reason based on discrimination of any kind, certain symptoms of a disease; and mental/psychological torture.
 when such pain or suffering is inflicted by or at the instigation of or with the consent or (14) Other analogous acts of physical torture;
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. [S3(a)] Section 15. Torture as a Separate and Independent Crime.
 Torture not absorb or shall not be absorbed by any other crime or felony committed as a
"Other cruel, inhuman and degrading treatment or punishment" - deliberate and aggravated consequence, or as a means in the conduct or commission thereof.
treatment or punishment not enumerated under S4, inflicted by a person in authority or agent  Torture shall be treated as a separate and independent criminal act whose penalties shall
of a person in authority against a person under his custody, which attains a level of severity be imposable without prejudice to any other criminal liability provided for by domestic and
causing suffering, gross humiliation or debasement to the latter. [S3(b)] international laws.

Act of Torture under S4: Section 13. Who are Criminally Liable.
Physical torture - form of treatment or punishment "Mental/Psychological Torture" - PRINCIPALS:
inflicted by a person in authority or agent of a acts committed by a person in  Actually participated (principal by direct participation) or induced (principal by inducement)
person in authority upon another in his custody that authority or agent of a person in another to commit torture or other cruel, inhuman and degrading treatment or punishment
causes severe pain, exhaustion, disability or dysfunction authority calculated to affect or or who cooperated in the execution of the act of torture or other cruel, inhuman and
(SpEDD) of one or more parts of the body: confuse the mind and/or undermine degrading treatment or punishment by previous or simultaneous acts (principal by
a person's dignity and morale: indispensable cooperation and accomplice – treated as principal in torture law)
(1) Systematic beating, headbanging, punching, (1) Blindfolding;  Any superior military, police or law enforcement officer or senior government official who
kicking, striking with truncheon or rifle butt or (2) Threatening a person or his issued an order to any lower ranking personnel to commit torture for whatever purpose
similar objects, and jumping on the stomach; relatives with bodily harm or  The immediate commanding officer of the unit concerned of the AFP or the immediate
(2) Food deprivation or forcible feeding with spoiled other wrongful acts; senior public official of the PNP and other law enforcement agencies for any act or
food, animal or human excreta and other stuff not (3) Confinement in solitary cells or omission, or negligence committed by him that shall have led, assisted, abetted or allowed
normally eaten; secret detention places; (directly or indirectly) the commission thereof by his/her subordinates.
(3) Electric shock; (4) Prolonged interrogation;  If he/she has knowledge of or, should have known that acts of torture etc. shall be
(4) Cigarette burning; burning by electrically heated (5) Preparing a prisoner for a "show committed, is being committed, or has been committed by his/her subordinates or by
rods, hot oil, acid; by rubbing of pepper or other trial", public display or public others within his/her area of responsibility and, despite such knowledge, did not take
chemical substances on mucous membranes, or humiliation of a detainee or preventive or corrective action either before, during or immediately after its commission,
acids or spices directly on the wound(s); prisoner; when he/she has the authority to prevent or investigate allegations of such but failed to dp
(5) Submersion of the head in water or water polluted (6) Causing unscheduled transfer of so, whether deliberately or due to negligence.
with excrement, urine, vomit and/or blood until a person deprived of liberty ACCESSORY:
the brink of suffocation; from one place to another,  Any public officer or employee who has knowledge that torture or other cruel, inhuman and
(6) Being tied or forced to assume fixed and stressful creating the belief that he shall degrading treatment or punishment is being committed and without having participated
bodily position; be summarily executed; therein, either as principal or accomplice, takes part subsequent to its commission:
(7) Rape and sexual abuse, including the insertion of (7) Maltreating a member/s of a  By themselves profiting from or assisting the offender to profit from the effects of the
foreign objects into the sex organ or rectum, or person's family; act of torture or other cruel, inhuman and degrading treatment or punishment;
electrical torture of the genitals; (8) Causing torture sessions to be  By concealing the act of torture or other cruel, inhuman and degrading treatment or
(8) Mutilation or amputation of the essential parts of witnessed by the person's punishment and/or destroying the effects or instruments thereof in order to prevent
the body such as the genitalia, ear, tongue, etc.; family, relatives or any third its discovery; or
(9) Dental torture or forced extraction of the teeth; party;  By harboring, concealing or assisting m the escape of the principal/s in the act of
(10) Pulling out of fingernails; (9) Denial of sleep/rest; torture or other cruel, inhuman and degrading treatment or punishment: Provided,
(11) Harmful exposure to the elements such as (10) Shame infliction such as That the accessory acts are done with the abuse of the official's public functions.
sunlight and extreme cold; stripping the person naked,