Anti-Torture Act of 2009

Policy and human-rights purpose

The State must value the dignity of every human person and guarantee full respect for human rights (Section 2).
The State must ensure that the human rights of all persons, including suspects, detainees, and prisoners, are respected at all times (Section 2).
No person placed under investigation or held in custody of any person in authority or agent of a person in authority shall be subjected to physical, psychological or mental harm, force, violence, threat or intimidation, or any act that impairs free will or demeans or degrades human dignity (Section 2).
Secret detention places, solitary confinement, incommunicado detention, or other similar forms of detention where torture may be carried out with impunity are prohibited (Section 2).
The Philippines must fully adhere to the absolute condemnation and prohibition of torture under the 1987 Philippine Constitution and international human-rights standards including ICCPR, CRC, CEDAW, and CAT (Section 2).

Core definitions and key terms

“Torture” is an act intentionally inflicting severe pain or suffering (physical or mental) for purposes such as obtaining information or a confession; punishing; intimidating or coercing; or for any reason based on discrimination, when inflicted by or with the instigation of, or with the consent or acquiescence of, a person in authority or agent of a person in authority (Section 3).
“Torture” excludes pain or suffering arising only from, inherent in, or incidental to lawful sanctions (Section 3).
“Other cruel, inhuman and degrading treatment or punishment” is a deliberate and aggravated treatment or punishment not enumerated under Section 4, inflicted by a person in authority or agent of a person in authority against a person under custody, attaining a severity causing suffering, gross humiliation, or debasement (Section 3).
“Victim” covers 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 any acts of torture or such treatment or punishment (Section 3).
“Order of Battle” is a document or determination made by the military, police, or any law enforcement agency listing names of persons and organizations perceived as enemies of the State and considered legitimate targets as combatants it could deal with through lawful means under domestic and international law (Section 3).

What counts as torture

Section 4 states torture includes, among others, physical torture, defined as treatment or punishment inflicted by a person in authority or agent upon another in custody causing severe pain, exhaustion, disability, or dysfunction (Section 4).
Physical torture includes acts such as systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or similar objects, and jumping on the stomach; food deprivation or forcible feeding with spoiled food, animal or human excreta and other non-normally eaten substances; electric shock; cigarette burning; burning by electrically heated rods, hot oil, acid; rubbing pepper or other chemicals on mucous membranes; acid or spices directly on wounds; submersion of the head in water or polluted water until the brink of suffocation; and being tied or forced to assume fixed and stressful bodily positions (Section 4).
Physical torture includes sexual violence, including rape and sexual abuse, such as insertion of foreign objects into the sex organ or rectum, and electrical torture of the genitals; mutilation or amputation of essential body parts (including genitalia, ear, tongue); dental torture or forced extraction of teeth; pulling out fingernails; harmful exposure to elements (sunlight and extreme cold); and use of plastic bags or other materials over the head to the point of asphyxiation (Section 4).
Physical torture includes use of psychoactive drugs calculated to change perception, memory, alertness, or will—such as drugs to induce confession and/or reduce mental competency, or drugs to induce extreme pain or certain disease symptoms—and other analogous acts of physical torture (Section 4).
“Metal/Psychological Torture” includes acts by a person in authority or agent calculated to affect or confuse the mind and/or undermine dignity and morale, such as blindfolding; threatening bodily harm, execution, or other wrongful acts against the person or relatives; confinement in solitary cells or secret detention places; prolonged interrogation; preparing a prisoner for a “show trial,” public display, or public humiliation; causing unscheduled transfer that creates a belief of summary execution; maltreating family members; causing torture sessions to be witnessed by family/relatives/third parties; denial of sleep/rest; shame infliction (including stripping naked, parading in public, shaving head, or putting marks against will); deliberately prohibiting communication with family; and other analogous mental/psychological torture (Section 4).

Other cruel, inhuman, degrading treatment

Section 5 covers deliberate and aggravated treatment or punishment not enumerated under Section 4, inflicted by a person in authority or agent against a person in custody, reaching a severity sufficient to cause suffering, gross humiliation, or debasement (Section 5).
The severity assessment depends on all circumstances, including duration, physical and mental effects, and—when applicable and relevant—the sex, religion, age, and state of health of the victim (Section 5).

Absolute right and prohibited detention

Torture and other cruel, inhuman and degrading treatment or punishment apply to all circumstances, and no justification may be invoked based on a state of war, threat of war, internal political instability, other public emergency, or an “order of battle” document or determination (Section 6).
Secret detention places, solitary confinement, incommunicado detention, or other similar forms of detention where torture may be carried out with impunity are prohibited (Section 7).
The Philippine National Police (PNP), Armed Forces of the Philippines (AFP), and other concerned law enforcement agencies must make an updated public list of all detention centers and facilities under their jurisdictions, with data on prisoners/detainees such as names, date of arrest and incarceration, and the crime or offense committed (Section 7).
The updated list must 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 (Section 7).
PNP, AFP, and all other law enforcement agencies must submit the complete list to the Commission on Human Rights (CHR) and periodically update it within the first five (5) days of every month (Section 7).
Every regional office of the PNP, AFP, and other law enforcement agencies must maintain a similar regional list, make it available to the public at all times at the respective regional headquarters, and submit updated copies to the respective regional offices of the CHR within the same monthly schedule (Section 7).

Exclusionary rule and habeas/amparo compliance

Any confession, admission, or statement obtained as a result of torture is inadmissible in evidence in any proceedings, except when used as evidence against a person or persons accused of committing torture (Section 8).
Any writ of habeas corpus, writ of amparo, or habeas data proceeding filed on behalf of the victim of torture or other cruel, inhuman, and degrading treatment or punishment must be disposed of expeditiously (Section 10).
Any order of release or other appropriate court order related to such writs or proceedings must be executed or complied with immediately (Section 10).

Rights, institutional protection, and medical exams

A torture victim has a right to a prompt and impartial investigation by the CHR and government agencies such as the Department of Justice (DOJ), Public Attorney’s Office (PAO), PNP, National Bureau of Investigation (NBI), and AFP, with a prompt investigation report and/or resolution completed and made available, and with any appeal resolved within the same period prescribed in Section 9 (Section 9).
A torture victim has a right to sufficient government protection against harassment, threats, and/or intimidation as a consequence of filing a complaint or presenting evidence, including security for the victim and other persons involved such as lawyer, witnesses, and relatives (Section 9).
A torture victim has a right to sufficient protection in the manner of testifying and presenting evidence in any fora to avoid further trauma (Section 9).
The CHR and PAO must render legal assistance in the investigation and monitoring and/or filing of a complaint for a person suffering torture or other cruel, inhuman and degrading treatment or punishment or for any interested party, and victims or interested parties may also seek assistance from the Barangay Human Rights Action Center (BHRAC) nearest them and from duly existing human rights NGOs (Section 11).
Every person arrested, detained, or under custodial investigation has the right to be informed of the right to demand a physical examination by an independent and competent doctor of the person’s own choice (Section 12).
If the person cannot afford the doctor of choice, the State must provide a competent independent doctor to conduct the physical examination (Section 12).
The State must endeavor to provide psychological evaluation if available under the circumstances (Section 12).
If the person is female, she must be attended to preferably by a female doctor (Section 12).
Any person arrested, detained, or under custodial investigation, including immediate family, has the right to immediate access to proper and adequate medical treatment (Section 12).
Physical examination and/or psychological evaluation must be contained in a medical report duly signed by the attending physician, including detailed medical history and findings, and must be attached to the custodial investigation report, and such report is a public document (Section 12).
Medical reports must include details such as the patient/victim’s name, age, address; nearest kin’s name and address; the person who brought the patient/victim; 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, and/or disposition (Section 12).
The person may waive these rights knowingly and voluntarily in writing, executed in the presence and assistance of counsel (Section 12).

Criminal liability of perpetrators and superiors

Any person who actually participated or induced another to commit torture or other cruel, inhuman and degrading treatment or punishment, or who cooperated through previous or simultaneous acts, is liable as a principal (Section 13).
Any superior military, police, or law enforcement officer or senior government official who issued an order to lower ranking personnel to commit torture for any purpose is held equally liable as principals (Section 13).
The immediate commanding officer of the AFP unit concerned and the immediate senior public official of the PNP and other law enforcement agencies are liable as principals for acts or omissions or negligence that led, assisted, abetted, or allowed torture or such treatment or punishment by subordinates—whether directly or indirectly (Section 13).
Commanders and senior officials are also liable when they had knowledge, or should have known under the circumstances, and despite such knowledge failed to take preventive or corrective action before, during, or immediately after commission, and failed to prevent or investigate allegations despite authority (Section 13).
A public officer or employee is liable as accessory if the person has knowledge that torture or such treatment is being committed and, without participating as principal or accomplice, takes part after commission by profiting from or assisting the offender to profit; concealing the act and/or destroying effects or instruments to prevent discovery; or harboring/concealing/assisting escape, with such accessory acts done with abuse of public functions (Section 13).

Penalties for torture and related acts

Section 14 imposes reclusion perpetua for torture resulting in death; torture resulting in mutilation; torture with rape; torture with other forms of sexual abuse where, as a consequence, the victim becomes insane, imbecile, impotent, blind or maimed for life; and torture committed against children (Section 14).
Section 14 imposes reclusion temporal for 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 (Section 14).
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).
Section 14 imposes prison mayor (medium and maximum periods) when, in consequence of torture, the victim loses the power of speech, hearing, or smell; or loses an eye, hand, foot, arm, or leg; or loses the use of any such member; or becomes permanently incapacitated for labor (Section 14).
Section 14 imposes prison mayor (minimum and medium periods) when, in consequence of torture, the victim becomes deformed or loses any part of the body other than the ones cited above; or loses the use thereof; or is ill or incapacitated for labor for more than ninety (90) days (Section 14).
Section 14 imposes prison correccional (maximum period to prison mayor in its minimum period) when the victim is ill or incapacitated for labor for more than thirty (30) days but not more than ninety (90) days in consequence of torture (Section 14).
Section 14 imposes prison correccional (minimum and medium period) when, in consequence of torture, the victim is ill or incapacitated for labor for thirty (30) days or less (Section 14).
Section 14 imposes arresto mayor for acts constituting cruel, inhuman, or degrading treatment or punishment under Section 5 (Section 14).
Section 14 imposes prision correccional on those who establish, operate, and maintain secret detention places and/or effect or cause to effect solitary confinement, incommunicado, or other similar prohibited detention under Section 7 where torture may be carried out with impunity (Section 14).
Section 14 imposes arresto mayor on responsible officers or personnel of the AFP, PNP, and other law enforcement agencies for failure to maintain, submit, or make available to the public an updated list of detention centers and facilities with the corresponding prisoner/detainee data as required in Section 7 (Section 14).

Torture as independent crime and amnesty exclusion

Torture is treated as a separate and independent criminal act and does not absorb, nor is absorbed by, any other crime or felony committed as a consequence or as a means in the conduct or commission of that other crime or felony, with torture penalties imposed without prejudice to other criminal liability under domestic and international laws (Section 15).
Persons who have committed any act of torture do not benefit from any special amnesty law or similar measures that would exempt them from criminal proceedings and sanctions (Section 16).

Non-refoulement protection

No person may be expelled, returned, or extradited to another State where there are substantial grounds to believe the person would be in danger of being subjected to torture (Section 17).
The Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, determine whether substantial grounds exist by considering all relevant considerations, including a consistent pattern of gross, flagrant, or mass violations of human rights in the requesting State, where applicable and not limited to that factor (Section 17).

Victim compensation and rehabilitation programs

Any person who has suffered torture has the right to claim compensation under Republic Act No. 7309, with the minimum compensation not lower than Ten thousand pesos (P10,000.00) (Section 18).
Victims of torture may also claim from other financial relief programs available under existing law and rules and regulations (Section 18).
Within one (1) year from the Act’s effectivity, the DSWD, DOJ, DOH, and other concerned agencies, together with human rights organizations, must formulate a comprehensive rehabilitation program for victims and their families (Section 19).
The DSWD, DOJ, and DOH must also call on duly recognized human rights NGOs to participate in formulating a rehabilitation program providing for physical, mental, social, psychological healing and development of victims and their families (Section 19).
To attain restorative justice, the same agencies must formulate a parallel rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading punishment (Section 19).

Oversight, education, and supplemental rules

An Oversight Committee is created to periodically oversee implementation of the Act, headed by a CHR Commissioner and with members including the Chairperson of the Senate Committee on Justice and Human Rights, the respective Chairpersons of the House Committees on Justice and Human Rights, and the Minority Leaders of both houses or their respective minority representatives (Section 20).
The CHR, DOJ, DND, DILG, and other concerned parties must ensure education and information on the prohibition of torture and other cruel, inhuman and degrading treatment is included in training of law enforcement personnel (civil or military), medical personnel, public officials, and others involved in custody, interrogation, or treatment of individuals under arrest, detention, or imprisonment (Section 21).
DepED and CHED must integrate human rights education courses in all primary, secondary, and tertiary academic institutions nationwide (Section 21).
The provisions of the Revised Penal Code are suppletory to the Act insofar as applicable (Section 22).
If a crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crime Against Personal Liberty and Security) of the Revised Penal Code is attended by any acts constituting torture or other cruel, inhuman and degrading treatment or punishment defined in the Act, the penalty to be imposed is in its maximum period (Section 22).

Appropriations, implementation, and rules

PHP 5,000,000.00 is appropriated to the CHR for the initial implementation of the Act (Section 23).
Continuing implementation requires inclusion of necessary sums in the annual General Appropriations Act thereafter (Section 23).
The DOJ and CHR, with active participation of human rights NGOs, must promulgate rules and regulations for effective implementation and must ensure dissemination of such rules and regulations to all officers and members of various law enforcement agencies (Section 24).

Separability, repeals, and effectivity

If any provision is declared invalid or unconstitutional, the remaining provisions remain in full force and effect (Section 25).
All laws, decrees, executive orders, or rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly (Section 26).
The Act’s effectivity is governed by Section 27: fifteen (15) days after publication in the Official Gazette or in at least two (2) newspapers of general circulation.