Anti-Torture Act of 2009

Policy, Purpose, and Human Rights Commitments

Section 2 declares State policy to value the dignity of every human person and guarantee full respect for human rights.
Section 2 requires that the human rights of all persons, including suspects, detainees and prisoners, are respected at all times.
Section 2 mandates that no person under investigation or held in custody of any person in authority or agent shall be subjected to physical or psychological harm, force, violence, threat, intimidation, or any act impairing free will or demeaning human dignity.
Section 2 prohibits secret detention places and similar detention forms where torture may be carried out with impunity, including solitary and incommunicado detention.
Section 2 requires full adherence to the absolute condemnation and prohibition of torture under the 1987 Philippine Constitution, and to relevant international human rights instruments, including the ICCPR, CRC, CEDAW, and CAT, among others.

Key Definitions and Special Terms

Section 3 defines “Torture” as an intentional act causing severe pain or suffering (physical or mental) for purposes such as obtaining information/confession, punishing for an act committed or suspected, intimidating or coercing, or discrimination of any kind.
Section 3 provides that torture must be 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, and it excludes pain or suffering arising only from, inherent in, or incidental to lawful sanctions.
Section 3 defines “Other cruel, inhuman and degrading treatment or punishment” as deliberate and aggravated treatment not enumerated under Section 4, inflicted by a person in authority or agent against a person under custody, reaching a level of severity causing suffering, gross humiliation, or debasement.
Section 3 defines “Victim” as the person subjected to torture or other cruel, inhuman and degrading treatment or punishment, and any individual who has suffered harm as a result of such acts.
Section 3 defines “Order of Battle” as a document or determination made by military, police, or law enforcement agencies listing perceived enemies and legitimate targets as combatants for the use of means allowed by domestic and international law.

What Counts as Torture

Section 4 states that torture includes, among others, physical torture inflicted by a person in authority or agent on another in custody that causes severe pain, exhaustion, disability, or dysfunction of one or more parts of the body.
Section 4 lists physical torture examples, including systematic beating (and similar violent acts), food deprivation or forcible feeding with spoiled food or excreta, electric shock, cigarette burning and other chemical burns, immersion of the head in water polluted with excrement/urine/vomit/blood until near suffocation, forced stressful bodily positions, rape and sexual abuse (including insertion of foreign objects and electrical torture of genitals), mutilation or amputation of essential body parts, dental torture, pulling out fingernails, harmful exposure to elements, use of plastic bag materials to the point of asphyxiation, and use of psychoactive drugs to change perception or induce confession or extreme pain/symptoms, plus other analogous acts.
Section 4 defines “Metal/Psychological Torture” as acts committed by a person in authority or agent calculated to affect or confuse the mind and/or undermine dignity and morale, including blindfolding; threats of bodily harm, execution, or wrongful acts; confinement in solitary cells or secret detention places; prolonged interrogation; “show trial” preparation and public humiliation; unscheduled transfers creating belief of summary execution; maltreating family; causing torture sessions to be witnessed by family/relatives/third parties; denial of sleep/rest; shame infliction (e.g., stripping, parading in public, shaving head, or putting marks against will); deliberate prohibition of communication with family; and other analogous acts.
Section 5 provides that other cruel, inhuman or degrading treatment or punishment is deliberate and aggravated treatment not enumerated under Section 4, inflicted by a person in authority or agent against another in custody, reaching severity sufficient for suffering, gross humiliation, or debasement.
Section 5 provides that severity is assessed using all circumstances of the case, including duration, physical and mental effects, and, in some cases, sex, religion, age, and state of health of the victim.

Prohibitions, Absolute Right, and Detention Controls

Section 6 declares that torture and other cruel, inhuman and degrading treatment or punishment apply to all circumstances and are an absolute right.
Section 6 prohibits invoking a state of war, threat of war, internal political instability, other public emergency, or any “order of battle” document/determination as justification for torture or other cruel, inhuman and degrading treatment or punishment.
Section 7 prohibits secret detention places, solitary confinement, incommunicado or similar detention where torture may be carried out with impunity.
Section 7 requires the PNP, AFP, and other concerned law enforcement agencies to maintain an updated list of detention centers and facilities under their jurisdictions, including data on prisoners or detainees such as names, date of arrest and incarceration, and the crime or offense committed.
Section 7 requires the list to be available to the public at all times, with a copy at the respective national headquarters of the PNP and AFP, and a copy to be submitted to the Commission on Human Rights (CHR) for periodic updating within the first five (5) days of every month.
Section 7 requires every regional office of the PNP, AFP, and other law enforcement agencies to maintain a similar regional list for detainees and detention facilities in their areas, make it available to the public at all times at their regional headquarters, and submit copies updated in the same manner to the respective regional offices of the CHR.

Evidence, Complaints, Examinations, and Court Orders

Section 8 provides that any confession, admission or statement obtained as a result of torture is inadmissible in evidence in any proceedings, except when used as evidence against persons accused of committing torture.
Section 9 grants a torture victim rights in filing a criminal complaint, including prompt and impartial investigation by the CHR and concerned government agencies such as the DOJ, PAO, PNP, NBI, and AFP, with a prompt investigation report/resolution completed and made available, and any available appeal resolved within the same period prescribed by the Act.
Section 9 grants victims government protection against harassment, threats, and intimidation as a consequence of filing the complaint or presenting evidence, including State security for the victim and other persons involved in investigation and prosecution such as lawyer, witnesses, and relatives.
Section 9 grants victims sufficient protection in how they testify and present evidence in any fora to avoid further trauma.
Section 10 requires expeditious disposition of any writ of habeas corpus, writ of amparo, or habeas data proceeding filed on behalf of a torture victim, and requires immediate execution/compilation of any order of release or other appropriate court order relative thereto.
Section 11 requires the CHR and PAO to render legal assistance in investigating and monitoring and/or filing a complaint for torture and other cruel, inhuman and degrading treatment or punishment, including for an interested party.
Section 11 allows victims or interested parties to seek legal assistance from the Barangay Human Rights Action Center (BHRAC) nearest them and from duly engaged human rights NGOs.
Section 12 grants every person arrested, detained, or under custodial investigation the right to demand physical examination by an independent and competent doctor of their own choice before and after interrogation.
Section 12 provides that if a person cannot afford their chosen doctor, the State shall provide an independent and competent doctor for the physical examination.
Section 12 requires the State to endeavor to provide psychological evaluation if available under the circumstances, and provides that a female detainee shall be attended to preferably by a female doctor.
Section 12 grants immediate family members the right to immediate access to proper and adequate medical treatment.
Section 12 requires that physical examination and/or psychological evaluation be contained in a medical report duly signed by the attending physician, including detailed medical history and findings, attached to the custodial investigation report, and treated as a public document.
Section 12 lists medical report contents, including: patient/victim name, age, address; nearest kin name and address; name/address of the person who brought the patient/victim for examination and/or treatment; nature and probable cause of injury/pain/disease/trauma; approximate time and date sustained; place sustained; time/date/nature of necessary treatment; and diagnosis/prognosis/disposition.
Section 12 allows the person who does not wish to avail of rights to waive in writing, executed in the presence and assistance of counsel.

Criminal Liability of Offenders and Superiors

Section 13 makes any person who actually participated or induced another in torture or other cruel, inhuman and degrading treatment or punishment, or who cooperated through prior or simultaneous acts, liable as a principal.
Section 13 makes any superior military, police, or law enforcement officer or senior government official who issued an order to lower personnel to commit torture equally liable as principals.
Section 13 makes the immediate commanding officer of the AFP unit or the immediate senior public official of the PNP and other law enforcement agencies liable as principals for acts of their subordinates that led, assisted, abetted, or were allowed through direct or indirect conduct, or for omission/negligence that led/assisted/allowed the acts.
Section 13 includes liability for failure to prevent or investigate where the officer had knowledge or should have known torture or other prohibited treatment was being committed or had been committed within their area of responsibility and, despite authority to prevent or investigate, did not act before, during, or immediately after commission.
Section 13 provides accessory liability for any public officer or employee who, without participating as principal or accomplice, takes part after commission through: profiting from or assisting the offender to profit; concealing/destroying to prevent discovery; or harboring/concealing/assisting escape, but only where accessory acts are done with the abuse of official public functions.

Penalties and Sanctions for Torture and Related Acts

Section 14 imposes reclusion perpetua for:
- torture resulting in the death of any person;
- torture resulting in mutilation;
- torture with rape;
- torture with other forms of sexual abuse and, as a consequence, the victim becoming insane, imbecile, impotent, blind or maimed for life; and
- torture committed against children.
Section 14 imposes reclusion temporal for mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane, or suicidal tendencies due to guilt, worthlessness, or shame.
Section 14 imposes prison correccional for mental/psychological torture resulting in psychological, mental, and emotional harm other than those described for reclusion temporal.
Section 14 imposes prison mayor (medium and maximum periods) if, as a consequence of torture, the victim lost the power of speech, hearing, or smell; lost an eye, hand, foot, arm, or leg; lost use of any such member; or became permanently incapacitated for labor.
Section 14 imposes prison mayor (minimum and medium periods) if, as a consequence of torture, the victim became deformed; lost any part of the body other than those cited; lost the use thereof; or was ill or incapacitated for labor for more than ninety (90) days.
Section 14 imposes prison correccional in its maximum period to prision mayor in its minimum period if, as a consequence of torture, the victim was ill or incapacitated for labor for more than thirty (30) days but not more than ninety (90) days.
Section 14 imposes prison correccional in its minimum and medium period if, as a consequence of torture, the victim was ill or incapacitated for labor for thirty (30) days or less.
Section 14 imposes arresto mayor for acts constituting cruel, inhuman or degrading treatment or punishment under Section 5.
Section 14 imposes prision correccional on those who establish, operate, and maintain secret detention places and/or effect or cause to effect prohibited solitary confinement, incommunicado, or similar forms of detention where torture may be carried out with impunity.
Section 14 imposes arresto mayor on responsible AFP/PNP/law enforcement personnel for failure to maintain, submit, or make available to the public the required updated detention-center and facility lists with corresponding prisoner/detainee data under Section 7.

Torture as Separate Crime; No Amnesty for Torturers

Section 15 provides that torture is a separate and independent crime and does not absorb or get absorbed by any other crime or felony committed as a consequence or as a means in the conduct or commission of that other crime.
Section 16 bars persons who have committed any act of torture from benefiting from any special amnesty law or similar measures that would exempt them from criminal proceedings and sanctions.

Non-Refoulement and Compensation Rights

Section 17 prohibits expulsion, return, or extradition of a person to another State when there are substantial grounds to believe the person shall be in danger of being subjected to torture.
Section 17 requires that for determining whether 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, take into account relevant considerations, including the existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.
Section 18 grants any torture victim the right to claim compensation under Republic Act No. 7309, with a minimum compensation of Ten thousand pesos (P10,000.00).
Section 18 grants torture victims the right to claim compensation from other available financial relief programs under existing law and rules and regulations.

Rehabilitation, Oversight, Education, and Implementation

Section 19 requires formulation within one (1) year from the effectivity of the Act of a comprehensive rehabilitation program for victims of torture and their families by the DSWD, DOJ, DOH, and other concerned government agencies, and human rights organizations.
Section 19 requires DSWD, DOJ, and DOH to call on duly recognized human rights NGOs to participate in formulating the rehabilitation program to provide physical, mental, social, psychological healing, and development for victims and their families.
Section 19 requires formulation of a parallel rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading punishment to attain restorative justice.
Section 20 creates an Oversight Committee to periodically oversee implementation of the Act, headed by a Commissioner of the CHR, with members including 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 minority representatives.
Section 21 requires the CHR, DOJ, DND, DILG, and other concerned parties to ensure education and information on the prohibition against torture and other cruel, inhuman and degrading treatment or punishment are fully included in training of law enforcement personnel, civil or military, medical personnel, public officials, and other persons involved in custody, interrogation, or treatment.
Section 21 requires DepED and CHED to integrate human rights education courses in all primary, secondary, and tertiary academic institutions nationwide.
Section 23 appropriates Five million pesos (Php5,000,000.00) to the CHR for initial implementation, and provides that thereafter necessary sums for continued implementation shall be included in the annual General Appropriations Act.
Section 24 requires the DOJ and the CHR, with active participation of human rights NGOs, to promulgate implementing rules and regulations and disseminate them to all officers and members of law enforcement agencies.

Supplementary Rules, Penalty Maximization, and Legal Effect

Section 22 provides that the provisions of the Revised Penal Code, insofar as applicable, are suppletory to Republic Act No. 9745.
Section 22 provides that if a crime punishable under Title Eight (Crimes Against Persons) or Title Nine (Crime Against Personal Liberty and Security) of the Revised Penal Code is attended by any acts constituting torture and other cruel, inhuman and degrading treatment or punishment as defined in the Act, the penalty to be imposed shall be in its maximum period.
Section 25 contains a separability clause: if any provision is invalid or unconstitutional, the remaining provisions continue in force and effect.
Section 26 provides a repealing clause: all laws, decrees, executive orders, or rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.