SALIENT FEATURES

OF RA NR 9745
(An act Penalizing Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment)
 What is the Perspective of Civilian
 AFP Mandate
 What is Torture
 Policies of the State with regards to Torture
 Elements of the Crime of Torture
 What is Physical Torture
 What is Mental/Psychological Torture
 When is a person criminally liable as
principal
 When is a person criminally liable as
accessory
 As in all other Philippine human rights-
related laws, we still have to wait and see
how serious, sincere, and honest the
military and police sectors of the
Philippine society would enforce and
respect the letter and spirit of the law. As
we all know, the military and police
officers and personnel are the number
one human rights violators in the
Philippines, abetted and funded by
What is the national and local war, drug, and crime
perspective of lords and by regional and local political
dynasties.
Civilian -ATTY MANUEL J. LASERNA JR
Law professor of FEU, Manila,
 As the protectorate of the people and the
state, we need to sustain the trust of the
society in the pursuit of peace. We must
always be guided by our adherence to the
rule of law, respect for human rights and
strict observance of rules of engagement.
 A grave human rights violation
 Is impractical and declared
unacceptable by international law and
domestic laws of other countries
 To ensure that the human rights of all
persons including suspects, prisoners and
detainees are respected at all times.
 To ensure that secret detention place,
solitary confinement, incommunicado, or
other similar forms of detention are
prohibited
 Adhere to the principles and standards
on the absolute condemnation and
prohibition of torture.
 act by which severe pain or suffering
 whether physical or mental
 is intentionally inflicted on a person for
purposes (obtaining information, or
intimidating another person)
-is a form of treatment that causes severe pain,
exhaustion, disability or dysfunction
It shall include, but not limited to the following:
a. Systematic beating, punching, kicking, striking;
b. Food deprivation/ Forcible feeding not normally eaten;
c. Electric shock, cigarette burning, burning by heated
items
d. Submersion of head in water;
e. Being tied or forced to stressful bodily position;
f. Rape/Sexual abuse/insertion of foreign objects into the
sex organ or rectum/ Electrocution of genitals
 g. Mutilation or amputation of the essential parts of
the body;
h. Dental Torture or forced extraction of teeth;
i. Pulling of fingernails;
j. Use of plastic bag placed over the head-
asphyxiation
k. Use of psychoactive drugs to change the
perception or will of the person; and
l. Other analogous acts of torture
- Refers to acts that affect or confuse the mind and/or
undermine a person’s dignity.
It shall include, but not limited to the following:
a. Blindfolding;
b. Threat with body harm, execution or wrongful acts;
c. Confinement in solitary cells/secret detention places
d. Prolonged interrogation;
e. “Show trial” public display as detainee/humilation;
f. Unscheduled transfer creating belief of summary
execution;
g. Maltreating a member of a person’s family;
h. Causing the torture session to be witnessed by the
person’s family or relatives
i. Denial of sleep/rest
j. Shame infliction such as stripping naked;
k. Deliberate prohibition to communicate with
family; and
l. Other analogous acts of mental/psychological
torture.