Question & AnswerQ&A (DOH ADMINISTRATIVE ORDER NO. 2013-0008)
The Anti-Torture Act of 2009 (Republic Act No. 9745) is a law penalizing torture and other inhuman and degrading treatment or punishment, reaffirming the absolute condemnation and prohibition of torture under the Philippine Constitution and prescribing penalties for such acts.
The administrative order applies to all government and private health institutions, health facilities, and health practitioners involved in the medical examination and care of torture victims.
Torture is any act by which severe physical or mental pain or suffering is intentionally inflicted on a person for purposes such as obtaining information, punishment, intimidation, or coercion and is committed by or with consent of a person in authority or their agent, excluding pain arising from lawful sanctions.
Rights include the absolute freedom from torture, right to demand a physical examination by a physician of their own choice, right to prompt and thorough medical examination before and after interrogation or transfer, and right to protection through investigation and witness protection laws.
An independent and competent doctor is any physician freely chosen by the victim or authorized representative to conduct medical examinations, excluding those from agencies involved in arrest or detention unless specifically allowed, and must be a licensed medical doctor by the Professional Regulatory Commission.
Medical examiners must not participate in torture, conduct thorough examinations, prepare comprehensive medical reports, provide immediate treatment and referrals, assist in justice administration, and make recommendations for psychological rehabilitation.
Physical torture includes systematic beating, food deprivation, electric shocks, burning, water submersion to cause suffocation, stressful bodily positioning, rape and sexual abuse, mutilation, dental torture, pulling out nails, harmful exposure to elements, use of plastic bags for asphyxiation, administration of drugs to induce confession or pain, and other analogous acts.
Mental or psychological torture includes blindfolding, threats, solitary confinement, prolonged interrogation, public humiliation, unscheduled transfers causing fear of execution, maltreatment of family members, denial of communication, sleep deprivation, shame infliction, and other analogous acts undermining dignity and morale.
DOH must establish forensic diagnostic facilities, maintain injury databases, provide training and standards for healthcare workers, ensure referrals of torture victims to appropriate facilities, support rehabilitation programs, and coordinate with other agencies for the implementation and enforcement of the Act.
Medical reports are public documents accessible only to persons with legal interest such as the victim, next of kin, authorized lawyers, and those with court orders; reports involving children and sexual violence victims are kept confidential. Reports must be properly documented, assigned definitive numbers, securely stored, and completed with accuracy and promptness.