REPUBLIC ACT NO.

10353

AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. This Act shall be known as the "Anti-Enforced or Involuntary
Disappearance Act of 2012.

Section 2. Declaration of Policy. The State values the dignity of every human person and
guarantees full respect for human rights for which highest priority shall be given to the enactment
of measures for the enhancement of the right of all people to human dignity, the prohibition against
secret detention places, solitary confinement, incommunicado, or other similar forms of detention,
the provision for penal and civil sanctions for such violations, and compensation and rehabilitation
for the victims and their families, particularly with respect to the use of torture, force, violence,
threat, intimidation or any other means which vitiate the free will of persons abducted, arrested,
detained, disappeared or otherwise removed from the effective protection of the law.

Furthermore, the State adheres to the principles and standards on the absolute condemnation of
human rights violations set by the 1987 Philippine Constitution and various international
instruments such as, but not limited to, the International Covenant on Civil and Political Rights
(ICCPR), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT), to which the Philippines is a State party.

Section 3. Definitions. For purposes of this Act, the following terms shall be defined as follows:

(a) Agents of the State refer to persons who, by direct provision of the law, popular election
or appointment by competent authority, shall take part in the performance of public
functions in the government, or shall perform in the government or in any of its branches
public duties as an employee, agent or subordinate official, of any rank or class.

(b) Enforced or involuntary disappearance refers to the arrest, detention, abduction or any
other form of deprivation of liberty committed by agents of the State or by persons or groups
of persons acting with the authorization, support or acquiescence of the State, followed by
a refusal to acknowledge the deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person, which places such person outside the protection
of the law.

(c) 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 which it considers as legitimate targets as combatants that
it could deal with, through the use of means allowed by domestic and international law.

(d) Victim refers to the disappeared person and any individual who has suffered harm as a
direct result of an enforced or involuntary disappearance as defined in letter (b) of this
Section.

Section 4. Nonderogability of the Right Against Enforced or Involuntary Disappearance. The right
against enforced or involuntary disappearance and the fundamental safeguards for its prevention
shall not be suspended under any circumstance including political instability, threat of war, state of
war or other public emergencies.
Section 5. "Order of Battle" or Any Order of Similar Nature, Not Legal Ground, for Enforced or
Involuntary Disappearance. An "Order of Battle" or any order of similar nature, official or
otherwise, from a superior officer or a public authority causing the commission of enforced or
involuntary disappearance is unlawful and cannot be invoked as a justifying or exempting
circumstance. Any person receiving such an order shall have the right to disobey it.

Section 6. Right of Access to Communication. It shall be the absolute right of any person
deprived of liberty to have immediate access to any form of communication available in order for
him or her to inform his or her family, relative, friend, lawyer or any human rights organization on
his or her whereabouts and condition.

Section 7. Duty to Report Victims of Enforced or Involuntary Disappearance. Any person, not
being a principal, accomplice or accessory, who has an information of a case of enforced or
involuntary disappearance or who shall learn of such information or that a person is a victim of
enforced or involuntary disappearance, shall immediately report in writing the circumstances and
whereabouts of the victim to any office, detachment or division of the Department of the Interior
and Local Government (DILG), the Department of National Defense (DND), the Philippine National
Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation
(NBI), the City or Provincial Prosecutor, the Commission on Human Rights (CHR) or any human
rights organization and, if known, the victims family, relative, or lawyer.

Section 8. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared Persons
Whereabouts. In case a family member, relative, lawyer, representative of a human rights
organization or a member of the media inquires with a member or official of any police or military
detention center, the PNP or any of its agencies, the AFP or any of its agencies, the NBI or any
other agency or instrumentality of the government, as well as any hospital or morgue, public or
private, on the presence or whereabouts of a reported victim of enforced or involuntary
disappearance, such member or official shall immediately issue a certification in writing to the
inquiring person or entity on the presence or absence and/or information on the whereabouts of
such disappeared person, stating, among others, in clear and unequivocal manner the date and
time of inquiry, details of the inquiry and the response to the inquiry.

Section 9. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial Official

or Employee. Any inquest or investigating public prosecutor, or any judicial or quasi-judicial official
or employee who learns that the person delivered for inquest or preliminary investigation or for any
other judicial process is a victim of enforced or involuntary disappearance shall have the duty to
immediately disclose the victims whereabouts to his or her immediate family, relatives, lawyer/s or
to a human rights organization by the most expedient means.

Section 10. Official Up-to-Date Register of All Persons Detained or Confined. - All persons
detained or confined shall be placed solely in officially recognized and controlled places of detention
or confinement where an official up-to-date register of such persons shall be maintained. Relatives,
lawyers, judges, official bodies and all persons who have legitimate interest in the whereabouts
and condition of the persons deprived of liberty shall have free access to the register.

The following details, among others, shall be recorded, in the register:

(a) The identity or name, description and address of the person deprived of liberty;

(b) The date, time and location where the person was deprived of liberty and the identity of
the person who made such deprivation of liberty;
 (c) The authority who decided the deprivation of liberty and the reasons for the deprivation
of liberty or the crime or offense committed;

(d) The authority controlling the deprivation of liberty;

(e) The place of deprivation of liberty, the date and time of admission to the place of
deprivation of liberty and the authority responsible for the place of deprivation of liberty;

(f) Records of physical, mental and psychological condition of the detained or confined
person before and after the deprivation of liberty and the name and address of the
physician who examined him or her physically, mentally and medically;

(g) The date and time of release or transfer of the detained or confined person to another
place of detention, the destination and the authority responsible for the transfer;

(h) The date and time of each removal of the detained or confined person from his or her
cell, the reason or purpose for such removal and the date and time of his or her return to
his or her cell;

(i) A summary of the physical, mental and medical findings of the detained or confined
person after each interrogation;

(j) The names and addresses of the persons who visit the detained or confined person and
the date and time of such visits and the date and time of each departure;

(k) In the event of death during the deprivation of liberty, the identity, the circumstances
and cause of death of the victim as well as the destination of the human remains; and

(l) All other important events bearing on and all relevant details regarding the treatment of
the detained or confined person.

Provided, That the details required under letters (a) to (f) shall be entered immediately in the
register upon arrest and/or detention.

All information contained in the register shall be regularly or upon request reported to the CHR or
any other agency of government tasked to monitor and protect human rights and shall be made
available to the public.

Section 11. Submission of List of Government Detention Facilities. Within six (6) months from the
effectivity of this Act and as may be requested by the CHR thereafter, all government agencies
concerned shall submit an updated inventory or list of all officially recognized and controlled
detention or confinement facilities, and the list of detainees or persons deprived of liberty under
their respective jurisdictions to the CHR.

Section 12. Immediate Issuance and Compliance of the Writs of Habeas Corpus, Amparo and
Habeas Data. All proceedings pertaining to the issuance of the writs of habeas corpus,
amparo and habeas data shall be dispensed with expeditiously. As such, all courts and other
concerned agencies of government shall give priority to such proceedings.

Moreover, any order issued or promulgated pursuant to such writs or their respective proceedings
shall be executed and complied with immediately.
Section 13. Visitation /Inspection of Places of Detention and, Confinement. The CHR or its duly
authorized representatives are hereby mandated and authorized to conduct regular, independent,
unannounced and unrestricted visits to or inspection of all places of detention and confinement.

Section 14. Liability of Commanding Officer or Superior. - The immediate commanding officer of
the unit concerned of the AFP or the immediate senior official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of enforced or involuntary disappearance
for acts committed by him or her that shall have led, assisted, abetted or allowed, whether directly
or indirectly, the commission thereof by his or her subordinates. If such commanding officer has
knowledge of or, owing to the circumstances at the time, should have known that an enforced or
involuntary disappearance is being committed, or has been committed by subordinates or by others
within the officers area of responsibility and, despite such knowledge, did not take preventive or
coercive action either before, during or immediately after its commission, when he or she has the
authority to prevent or investigate allegations of enforced or involuntary disappearance but failed
to prevent or investigate such allegations, whether deliberately or due to negligence, shall also be
held liable as principal.

Section 15. Penal Provisions. (a) The penalty of reclusion perpetua and its accessory penalties
shall be imposed upon the following persons:

(1) Those who directly committed the act of enforced or involuntary disappearance;

(2) Those who directly forced, instigated, encouraged or induced others to commit the act
of enforced or involuntary disappearance;

(3) Those who cooperated in the act of enforced or involuntary disappearance by

committing another act without which the act of enforced or involuntary disappearance
would not have been consummated;

(4) Those officials who allowed the act or abetted in the consummation of enforced or
involuntary disappearance when it is within their power to stop or uncover the commission
thereof; and

(5) Those who cooperated in the execution of the act of enforced or involuntary
disappearance by previous or simultaneous acts.

(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon those who
shall commit the act of enforced or involuntary disappearance in the attempted stage as provided
for and defined under Article 6 of the Revised Penal Code.

(c) The penalty of reclusion temporal and its accessory penalties shall also be imposed upon
persons who, having knowledge of the act of enforced or involuntary disappearance and without
having participated therein, either as principals or accomplices, took part subsequent to its
commission in any of the following manner:

(1) By themselves profiting from or assisting the offender to profit from the effects of the
act of enforced or involuntary disappearance;

(2) By concealing the act of enforced or involuntary disappearance and/or destroying the
effects or instruments thereof in order to prevent its discovery; or
 (3) By harboring, concealing or assisting in the escape of the principal/s in the act of
enforced or involuntary disappearance, provided such accessory acts are done with the
abuse of official functions.

(d) The penalty of prision correctional and its accessory penalties shall be imposed against persons
who defy, ignore or unduly delay compliance with any order duly issued or promulgated pursuant
to the writs of habeas corpus, amparo and habeas data or their respective proceedings.

(e) The penalty of arresto mayor and its accessory penalties shall be imposed against any person
who shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.

Section 16. Preventive Suspension/Summary Dismissal. Government officials and personnel

who are found to be perpetrators of or participants in any manner in the commission of enforced or
involuntary disappearance as a result of a preliminary investigation conducted for that purpose
shall be preventively suspended or summarily dismissed from the service, depending on the
strength of the evidence so presented and gathered in the said preliminary investigation or as may
be recommended by the investigating authority.

Section 17. Civil Liability. The act of enforced or involuntary disappearance shall render its
perpetrators and the State agencies which organized, acquiesced in or tolerated such
disappearance liable under civil law.

Section 18. Independent Liability. The criminal liability of the offender under this Act shall be
independent of or without prejudice to the prosecution and conviction of the said offender for any
violation of Republic Act No. 7438, otherwise known as "An Act Defining Certain Rights of Person
Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting,
Detaining, and Investigating Officers, and Providing Penalties for Violations Thereof; Republic Act
No. 9745, otherwise known as "An Act Penalizing Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment, and Prescribing Penalties Therefor"; and applicable provisions of the
Revised Penal Code.

Section 19. Nonexclusivity or Double Jeopardy Under International Law. Any investigation, trial
and decision in any Philippines court, or body for any violation of this Act shall; be without prejudice
to any investigation, trial, decision or any other legal or administrative process before any
appropriate international court or agency under applicable international human rights and
humanitarian law.

Section 20. Exemption from Prosecution. Any offender who volunteers information that leads to
the discovery of the victim of enforced or involuntary disappearance or the prosecution of the
offenders without the victim being found shall be exempt from any criminal and/or civil liability under
this Act: Provided, That said offender does not appear to be the most guilty.

Section 21. Continuing Offense. An act constituting enforced or involuntary disappearance shall
be considered a continuing offense as long as the perpetrators continue to conceal the fate and
whereabouts of the disappeared person and such circumstances have not been determined with
certainty.

Section 22. Statue of Limitations Exemption. The prosecution of persons responsible for
enforced or involuntary disappearance shall not prescribe unless the victim surfaces alive. In which
case, the prescriptive period shall be twenty-five (25) years from the date of such reappearance.
Section 23. Special Amnesty Law Exclusion. Persons who are changed with and/or guilty of the
act of enforced or involuntary disappearance shall not benefit from any special amnesty law or
other similar executive measures that shall exempt them from any penal proceedings or sanctions.

Section 24. State Protection The State, through its appropriate agencies, shall ensure the safety
of all persons involved in the search, investigation and prosecution of enforced or involuntary
disappearance including, but not limited to, the victims, their families, complainants, witnesses,
legal counsel and representatives of human rights organizations and media. They shall likewise be
protected from any intimidation or reprisal.

Section 25. Applicability of Refouler. No person shall be expelled, returned or extradited to

another State where there are substantial grounds to believe that such person shall be in danger
of being subjected to enforced or involuntary disappearance. For purposes of determining whether
such grounds exist, the Secretary of the Department, of Foreign Affairs (DFA) and the Secretary of
the Department of Justice (DOJ) in coordination with the Chairperson of the CHR, shall take into
account all relevant considerations including where applicable and not limited to, the existence in
the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.

Section 26. Restitution and Compensation to Victims of Enforced or Involuntary Disappearance

and/or Their Immediate Relatives. The victims of enforced or involuntary disappearance who
surface alive shall be entitled to monetary compensation, rehabilitation and restitution of honor and
reputation. Such restitution of honor and reputation shall include immediate expunging or
rectification of any derogatory record, information or public declaration/statement on his or her
person, personal circumstances, status, and/or organizational affiliation by the appropriate
government or private agency or agencies concerned.

The immediate relatives of a victim of enforced or involuntary disappearance, within the fourth civil
degree of consanguinity or affinity, may also claim for compensation as provided for under Republic
Act No. 7309, entitled "An Act Creating a Board of Claims under the Department of Justice for
Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and For Other
Purposes", and other relief programs of the government.

The package of indemnification for both the victims and the immediate relatives within the fourth
civil degree of consanguinity or affinity shall be without prejudice to other legal remedies that may
be available to them.

Section 27. Rehabilitation of Victims and/or Their Immediate Relatives, and Offenders. In order
that the victims of enforced or involuntary disappearance who surfaced alive and/or their immediate
relatives within the fourth civil degree of consanguinity or affinity, may be effectively reintegrated
into the mainstream of society and in the process of development, the State, through the CHR, in
coordination with the Department of Health, the Department of Social Welfare and Development
(DSWD) and the concerned nongovernment organization/s, shall provide them with appropriate
medical care and rehabilitation free of charge.

Toward the attainment of restorative justice, a parallel rehabilitation program for persons who have
committed enforced or involuntary disappearance shall likewise be implemented without cost to
such offenders.

Section 28. Implementing Rules and Regulations. Within thirty (30) days from the effectivity of
this Act, the DOJ, the DSWD, the CHR, the Families of Victims of Involuntary Disappearance
(FIND) and the Families ofDesaparecidos for Justice (Desaparecidos), in consultation with other
human rights organizations, shall jointly promulgate the rules and regulations for the effective
implementation of this Act and shall ensure the full dissemination of the same to the public.
Section 29. Suppletory Applications. The applicable provisions of the Revised Penal Code shall
have suppletory application insofar as they are consistent with the provisions of this Act.

Section 30. Appropriations. The amount of Ten million pesos (P10,000,000.00) is hereby
appropriated for the initial implementation of this Act by the CHR. Subsequent fluids for the
continuing implementation of this Act shall be included in the respective budgets of the CHR and
the DOJ in the annual General Appropriations Act.

Section 31. Separability Clause. If for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in
full force and effect.

Section 32. Repealing Clause. All laws, decrees, executive orders, rules and regulations and
other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Section 33. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation or the Official Gazette, which shall not be later
than seven (7) days after the approval thereof.

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING

TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared 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 human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or held
in custody of any person in authority or, agent of a person authority shall be subjected to
physical, psychological or mental harm, force, violence, threat or intimidation or any act
that impairs his/her free will or in any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms
of detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a State party such as, but not limited
to, 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 (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT); and all other relevant international human
rights instruments to which the Philippines is a signatory.
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 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.

(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 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.

(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 any document or determination 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.

Section 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 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 objects 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 or 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 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;

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

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

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 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.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Right. - Torture and other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war,
internal political instability, or any other public emergency, or a document or any determination
comprising an "order of battle" shall not and can never be invoked as a justification for torture and
other cruel, inhuman and degrading treatment or punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado

or other similar forms of detention, where torture may be carried out with impunity are hereby
prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement. agencies concerned shall make an updated list of all detention centers and
facilities under their respective jurisdictions with the corresponding data on the prisoners or
detainees incarcerated or detained therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed. This list shall be made available to the public at
all times, with a copy of the complete list available at the respective national headquarters of the
PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP, AFP and all
other law enforcement agencies to the Commission on Human Rights (CHR), such list to be
periodically updated, by the same agencies, within the first five (5) days of every month at the
minimum. Every regional office of the PNP, AFP and other law enforcement agencies shall also
maintain a similar list for all detainees and detention facilities within their respective areas, and
shall make the same available to the public at all times at their respective regional headquarters,
and submit a copy. updated in the same manner provided above, to the respective regional offices
of the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or

statement obtained as a result of torture shall be inadmissible in evidence in any proceedings,
except if the same is used as evidence against a person or persons accused of committing torture.

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of
torture shall have the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the Department of Justice (DOJ), the Public Attorney's
 Office (PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt
investigation shall mean a maximum period of sixty (60) working days from the time a
complaint for torture is filed within which an investigation report and/or resolution shall be
completed and made available. An appeal whenever available shall be resolved within the
same period prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or
intimidation as a consequence of the filing of said complaint or the presentation of evidence
therefor. In which case, the State through its appropriate agencies shall afford security in
order to ensure his/her safety and all other persons involved in the investigation and
prosecution such as, but not limited to, his/her lawyer, witnesses and relatives; and

(c) To be accorded sufficient protection in the manner by which he/she testifies and
presents evidence in any fora in order to avoid further trauma.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - 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.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall 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 (BRRAC) nearest him/her as well as from human rights nongovernment
organizations (NGOs).

Section 12. Right to Physical, Medical and Psychological Examination. - Before and after
interrogation, every person arrested, detained or under custodial investigation shall have the right
to he informed of his/her right to demand 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 he provided by the State with a competent and independent doctor to conduct physical
examination. The State shall endeavor 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, including his/her immediate family, shall have the right to immediate access to proper
and adequate medical treatment. The physical examination and/or psychological evaluation of the
victim shall be contained in a medical report, duly signed by the attending physician, which shall
include in detail his/her medical history and findings, and which shall he attached to the custodial
investigation report. Such report shall be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological
and mental examinations, the medical reports shall, among others, include:

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

(b) The name and address of the nearest kin of the patient or victim;
 (c) The name and address of the person who brought the patient or victim for physical,
psychological and mental examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or
trauma;

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

(f) The place where the injury, pain, disease and/or trauma was/were sustained;

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

(h) The diagnosis, the 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.

Section 13. Who are Criminally Liable. - 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 or other cruel, inhuman and degrading treatment
or punishment 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 any lower ranking personnel to commit torture for whatever purpose shall be held equally
liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the
crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or
omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed,
whether directly or indirectly, the commission thereof by his/her subordinates. 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 also be liable as principals.

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 m 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.

Section 14. Penalties. - (a) The penalty of reclusion perpetual 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.

(c) The penalty of prision correccional shall be imposed on those who commit any act of
torture resulting in psychological, mental and emotional harm other than those described
1n paragraph (b) of this section. '

(d) 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.

(e) 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.

(f) 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 mare than thirty (30) days but not more than ninety (90) days.

(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.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.
 (i) The penalty of prision correccional shall be imposed upon those who establish, operate
and maintain secret detention places and/or effect or cause to effect solitary confinement,
incommunicado or other similar forms of prohibited detention as provided in Section 7 of
this Act where torture may be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible officers or
personnel of the AFP, the PNP and other law enforcement agencies for failure to perform
his/her duty to maintain, submit or make available to the public an updated list of detention
centers and facilities with the corresponding data on the prisoners or detainees
incarcerated or detained therein, pursuant to Section 7 of this Act.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb
or shall not be absorbed by any other crime or felony committed as a consequence, or as a means
in the conduct or commission thereof. In which case, torture shall be treated as a separate and
independent criminal act whose penalties shall be imposable without prejudice to any other criminal
liability provided for by domestic and international laws.

Section 16. Exclusion from the Coverage of Special Amnesty Law. - 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.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to

another State where there are substantial grounds to believe that such person shall be in danger
of being subjected to torture. For the purposes of determining whether such grounds exist, the
Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination
with the Chairperson of the CHR, shall take into account all relevant considerations including,
where applicable and not limited to, the existence in the requesting State of a consistent pattern of
gross, flagrant or mass violations of human rights.

Section 18. 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: Provided, That in
no case shall compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture
shall also have the right to claim for compensation from such other financial relief programs that
may be made available to him/her under existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of
this Act, the Department of Social Welfare and Development (DSWD), the DOJ and the Department
of Health (DOH) and such other concerned government agencies, and human rights organizations
shall formulate a comprehensive rehabilitation program for victims of torture and their families. The
DSWD, the DOJ and thc DOH shall also call on human rights nongovernment organizations duly
recognized by the government to actively participate in the formulation of such program that shall
provide for the physical, mental, social, psychological healing and development of 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 punishment shall
likewise be formulated by the same agencies.

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created
to periodically oversee the implementation of this Act. The Committee shall be headed by a
Commissioner of the CRR, with the following as members: 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 Minority Leaders of both
houses or their respective representatives in the minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of
National Defense (DND), the Department of the Interior and Local Government (DILG) and such
other concerned parties in both the public and private sectors shall ensure that education and
information regarding prohibition against torture and other cruel, inhuman and degrading treatment
or punishment shall be fully included in the training of law enforcement personnel, civil or military,
medical personnel, public officials and other persons who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission on Higher Education
(CHED) shall also ensure the integration of human rights education courses in all primary,
secondary and tertiary level academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code
insofar as they are applicable shall be suppletory to this Act. Moreover, if the commission of any
crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment or punishment as defined herein, the
penalty to be imposed shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active
participation of human rights nongovernmental organizations, shall promulgate the rules and
regulations for the effective implementation of tills Act. They shall also ensure the full dissemination
of such rules and regulations to all officers and members of various law enforcement agencies.

Section 25. 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 26. 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 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.