REPUBLIC ACT NO.
10883, July 17, 2016 another factory-made body or vehicle unit, of the same
AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE
PHILIPPINES
Section 1. Short Title. – This Act shall be known as the “New Anti-
Carnapping Act of 2016”.
Sec. 2. Definition of Terms. – As used in this Act:
(a) Body building refers to a job undertaken on a motor vehicle in
order to replace its entire body with a new body;
(b) Defacing or tampering with a serial number refers to the
altering, changing, erasing, replacing or scratching of the original
factory inscribed serial number on the motor vehicle engine, engine
block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial number on its
engine, engine block or chassis which is different from that which is
listed in the records of the Bureau of Customs for motor vehicle
imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered serial number;
(c) Dismantling refers to the tearing apart, piece-by-piece or part-
by-part, of a motor vehicle;
(d) Identity transfer refers to the act of transferring the engine
number, chassis number, body tag number, plate number, and any
other identifying marks of a motor vehicle declared as “total wreck"
or is beyond economic repair by concerned car insurance
companies and/or law enforcement agencies after its involvement
in a vehicular accident or other incident and registers the same into
classification, type, make or model;
(e) Motor vehicle refers to any vehicle propelled by any power other
than muscular power using the public highways, except road rollers,
trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers,
graders, forklifts, amphibian trucks, and cranes if not used on public
highways; vehicles which run only on rails or tracks; and tractors,
trailers and traction engines of all kinds used exclusively for
agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor vehicle with no
power rating;
(f) Overhauling refers to the cleaning or repairing of the whole
engine of a motor vehicle by separating the motor engine and its
parts from the body of the motor vehicle;
(g) Repainting refers to changing the color of a motor vehicle by
means of painting. There is painting whenever the new color of a
motor vehicle is different from its color registered in the Land
Transportation Office (LTO);
(h) Remodeling refers to the introduction of some changes in the
shape or form of the body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from a
carnapped vehicle used in assembling another vehicle;
(j) Total wreck refers to the state or status of a motor vehicle after a
vehicular accident or other incident, so that it is rendered in
operational and beyond economic repair due to the extent of
damage in its body, chassis and engine; and
(k) Unlawful transfer or use of vehicle plates refers to the use or
transfer of a vehicle plate issued by the LTO to a certain vehicle to
another vehicle. It is presumed illegally transferred when the motor
vehicle plate does not correspond with that as appearing in the
certificate of registration of the motor vehicle to which it was
issued.
Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with intent
to gain, of a motor vehicle belonging to another without the latter’s
consent, or by means of violence against or intimidation of persons,
or by using force upon things.
Any person who is found guilty of carnapping shall, regardless of the
value of the motor vehicle taken, be punished by imprisonment for
not less than twenty (20) years and one (1) day but not more than
thirty (30) years, when the carnapping is committed without
violence against or intimidation of persons, or force upon things;
and by imprisonment for not less than thirty (30) years and one (1)
day but not more than forty (40) years, when the carnapping is
committed by means of violence against or intimidation of persons,
or force upon things; and the penalty of life imprisonment shall be
imposed when the owner, driver, or occupant of the carnapped
motor vehicle is killed or raped in the commission of the
carnapping.
Any person charged with carnapping or when the crime of
carnapping is committed by criminal groups, gangs or syndicates or
by means of violence or intimidation of any person or persons or
forced upon things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped in the course of
the carnapping shall be denied bail when the evidence of guilt is
strong.
Sec. 4. Concealment of Carnapping. – Any person who conceals
carnapping shall be punished with imprisonment of six (6) years up
to twelve (12) years and a fine equal to theamount of the
acquisition cost of the motor vehicle, motor vehicle engine, or any
other part involved in the violation: Provided, That if the person
violating any provision of this Act is a juridical person, the penalty
herein provided shall be imposed on its president, secretary, and/or
members of the board of directors or any of its officers and
employees who may have directly participated in the violation.
Any public official or employee who directly commits the unlawful
acts defined in this Act or is guilty of gross negligence of duty or
connives with or permits the commission of any of the said unlawful
acts shall, in addition to the penalty prescribed in the preceding
paragraph, be dismissed from the service, and his/her benefits
forfeited and shall be permanently disqualified from holding public
office.
Sec. 5. Original Registration of Motor Vehicles. – Any person seeking
the original registration of a motor vehicle, whether that motor
vehicle is newly assembled or rebuilt or acquired from a registered
owner, shall, within one (1) week after the completion of the
assembly or rebuilding job or the acquisition thereof from the
registered owner, apply to the Philippine National Police (PNP) for
the clearance of the motor vehicle for registration with the LTO. The
PNP shall, upon receipt of the application, verify if the motor vehicle
or its numbered parts are in the list of carnapped motor vehicles or
stolen motor vehicle parts. If the motor vehicle or any of its
numbered parts is not in the list, the PNP shall forthwith issue a
certificate of clearance. Upon presentation of the certificate of
clearance from the PNP and after verification of the registration of
the motor vehicle engine, engine block and chassis in the
permanent registry of motor vehicle engine, engine block and
chassis, the LTO shall register the motor vehicle in accordance with
existing laws, rules and regulations within twenty (20) working days.
Sec. 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine
Block and Chassis. – Within one (1) year upon approval of this Act,
every owner or possessor of unregistered motor vehicle or parts
thereof in knock down condition shall register before the LTO the
motor vehicle engine, engine block and chassis in the name of the
possessor or in the name of the real owner who shall be readily
available to answer any claim over the registered motor vehicle
engine, engine block and chassis. Thereafter, all motor vehicle
engines, engine blocks and chassis not registered with the LTO shall
be considered as a carnapped vehicle, an untaxed importation or
coming from illegal source and shall be confiscated in favor of the
government.
Sec. 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines,
Engine Blocks and Chassis. – The LTO shall keep a permanent
registry of motor vehicle, motor vehicle engines, engine blocks and
chassis of all motor vehicles, specifying therein their type, make,
serial numbers and stating therein the names and addresses of their
present and previous owners. Copies of the registry and of all
entries made there on shall be furnished the PNP and all LTO
regional, provincial and city branch offices; Provided, That all LTO
regional, provincial and city offices are likewise obliged to furnish
copies of all registrations of motor vehicles to the main office and to
the PNP: Provided, further, That the original copy of the certificate
of registration shall be given to the registered owner, the second
copy shall be retained with the LTO and the third copy shall be
submitted to the PNP. Moreover, it shall be unlawful for any person
or employee who willfully encodes in the registry of motor vehicles
a non-existing vehicle or without history, new identity of already
existing vehicle or double/ multiple registration (“KAMBAL”) of
vehicle.
Sec. 8. Registration of Sale, Transfer, Conveyance of a Motor
Vehicle, Substitution or Replacement of a Motor Vehicle Engine,
Engine Block or Chassis. – Every sale, transfer, conveyance of a
motor vehicle, substitution or replacement of a motor vehicle
engine, engine block or chassis of a motor vehicle shall be registered
with the LTO within twenty (20) working days upon
purchase/acquisition of a motor vehicle and substitution or
replacement of a motor vehicle engine, engine block or chassis. A
motor vehicle, motor vehicle engine, engine block or chassis not
registered with the LTO shall be presumed as a carnapped vehicle,
an untaxed imported vehicle, or a vehicle proceeding from illegal
sources unless proven otherwise and shall be confiscated in favor of
the government.
Sec. 9. Duty of Collector of Customs to Report. – Within seven (7)
days after the arrival of an imported vehicle, motor vehicle engine,
engine block, chassis or body, the Collector of Customs of a principal
port of entry where the imported vehicle or parts enumerated
above are unloaded shall report the shipment to the LTO, specifying
the make, type and serial numbers, if any, of the motor vehicle,
motor vehicle engine, engine block, chassis or body, and stating the
names and addresses of the owner or consignee thereof. If the
motor vehicle, motor vehicle engine, engine block, chassis or body
does not bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle, motor vehicle engine,
engine block, chassis or body until it is numbered by the LTO:
Provided, That a PNP clearance shall be required prior to engraving
the engine or chassis number.
Sec. 10. Duty of Importers, Distributors and Sellers of Motor
Vehicles to Keep Record of Stocks. – Any person engaged in the
importation, distribution, and buying and selling of motor vehicles,
motor vehicle engines, engine blocks, chassis or body shall keep a
permanent record of one’s stocks, stating therein their type, make
and serial numbers, and the names and addresses of the persons
from whom they were acquired and the names and addresses of the
persons to whom they are sold, and shall render accurately a
monthly report of his/her transactions in motor vehicles to the LTO.
SEC.11. Duty of Manufacturers of Engine Blocks, Chassis or Body to
Cause the Numbering of Engine Blocks, Chassis or Body
Manufactured. – Any person engaged in the manufacture of engine
blocks, chassis or body shall cause the numbering of every engine
block, chassis or body manufactured in a convenient and
conspicuous part thereof which the LTO may direct for the purpose
of uniformity and identification of the factory and shall submit to
the LTO a monthly report of the manufacture and sale of engine
blocks, chassis or body.
Sec. 12. Clearance and Permit Required for Assembly or Rebuilding
of Motor Vehicles. – Any person who shall undertake to assemble or
rebuild or cause the assembly or rebuilding of a motor vehicle shall
first secure a certificate of clearance from the PNP: Provided, That
no such permit shall be issued unless the applicant shall present a
statement under oath containing the type, make and serial numbers
of the engine, chassis and body, if any, and the complete list of the
spare parts of the motor vehicle to be assembled or rebuilt together
with the names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats,
motor bancas, water crafts and other light water vessels, the
applicant shall secure a permit from the PNP, which office shall in
turn furnish the LTO pertinent data concerning the motor vehicle
engines including their type, make and serial numbers.
Sec. 13. Clearance Required for Shipment of Motor Vehicles, Motor
Vehicle Engines, Engine Blocks, Chassis or Body. – The Philippine
Ports Authority (PPA) shall submit a report to the PNP within seven
(7) days upon boarding all motor vehicles being boarded the
“RORO”, ferry, boat, vessel or ship for interisland and international
shipment. The PPA shall not allow the loading of motor vehicles in
all interisland and international shipping vessels without a motor
vehicle clearance from the PNP, except cargo trucks and other
trucks carrying goods. Land Transportation Franchising and
Regulatory Board (LTFRB)-accredited public utility vehicles (PUV)
and other motor vehicles carrying foodstuff and dry goods.
Sec. 14. Defacing or Tampering with Serial Numbers of Motor
Vehicle Engines, Engine Blocks and Chassis. – It shall be unlawful for
any person to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines, engine blocks
and chassis.
Sec. 15. Identity Transfer. – It shall be unlawful for any person,
office or entity to cause and/or allow the sale, registration, and/or
transfer into another name, the chassis number, engine number
and plate number of a motor vehicle declared as “total wreck” or
beyond economic repair by concerned insurance company, and/or
law enforcement agencies, due to its involvement in a vehicular
accident or for some other causes. The LTO shall cancel the
registration of total wreck vehicle as reported by the PNP and/or as
declared by the Insurance Commission.
Sec. 16. Transfer of Vehicle Plate. – It shall be unlawful for any
person, office or entity to transfer or use a vehicle plate from one
vehicle to another without securing the proper authority from the
LTO.
Sec. 17. Sale of Second Hand Spare Parts. – It shall be unlawful for
any person, office or entity to buy and/or sell any second hand
spare parts taken from a carnapped vehicle.
Sec. 18. Foreign Nationals. – Foreign nationals convicted under the
provisions of this Act shall be deported immediately after service of
sentence without further proceedings by the Bureau of
Immigration.
Sec. 19. Reward. – Any person who voluntarily gives information
leading to the recovery of carnapped vehicles and for the
apprehension of the persons charged with carnapping shall be given
monetary reward as the PNP may determine. The PNP shall include
in their annual budget the amount necessary to carry out the
purposes of this section. Any information given by informers shall
be treated as confidential matter.
Sec. 20. Implementing Rules and Regulations. – The PNP together
with the Department of Transportation and Communications, LTO,
Philippine Coast Guard, Maritime Industry Authority, Bureau of
Customs and relevant motorists and automotive sectors shall,
within sixty (60) days from the effectivity of this Act, after
unanimous approval, promulgate the necessary implementing rules
and regulations to effectively carry out the provisions of this Act,
including the setting up of a coordinated online access and the
effective clearance system mentioned in Section 12 of this Act to
expedite motor vehicle data and details verification.
Sec. 21. Separability Clause. – If any provision of this Act is declared
invalid, the remainder of this Act or any provision not affected
thereby shall remain in full force and effect.
Sec. 22. Repealing Clause. – Republic Act No. 6539, otherwise
known as the “Anti-Carnapping Act of 1972”, is hereby repealed. All
laws, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby amended or
repealed accordingly.
Sec. 23. Effectivity. – This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in two (2) newspapers of
general circulation, whichever comes earlier.
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of the
government reveal that fires and other crimes involving destruction
in Metro Manila and other urban centers in the country are being
perpetrated by criminal syndicates, some of which have foreign
connections;
WHEREAS, the current law on arson suffers from certain
inadequacies that impede the successful enforcement and
prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other
crimes involving destruction be prevented to protect the national
economy and preserve the social, economic and political stability of
the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the law of the
land, the following:
Section 1. Arson. Any person who burns or sets fire to the property
of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his
own property under circumstances which expose to danger the life
or property of another.
Section 2. Destructive Arson. The penalty of Reclusion Temporal in
its maximum period to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any ammunition factory and other establishment where
explosives, inflammable or combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice
devoted to culture, education or social services.
3. Any church or place of worship or other building where people
usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or
conveyance for transportation of persons or property
4. Any building where evidence is kept for use in any legislative,
judicial, administrative or other official proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie house
or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a
populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal
to Reclusion Perpetua shall be imposed if the property burned is any
of the following:
1. Any building used as offices of the government or any of its
agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special Aggravating Circumstances in Arson. The penalty
in any case of arson shall be imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried
out by a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason of or on
the occasion of the arson death results, the penalty of Reclusion
Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the following
circumstances shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the
building or establishment.
2. If substantial amount of flammable substances or materials are
stored within the building note necessary in the business of the
offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the burned building
or property.
4. If the building or property is insured for substantially more than
its actual value at the time of the issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or other premises
owned or under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been withdrawn
from the premises except in the ordinary course of business.
6. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for
the safety of the person or property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson
shall be punished by Prision Mayor in its minimum period.
Section 8. Confiscation of Object of Arson. The building which is the
object of arson including the land on which it is situated shall be
confiscated and escheated to the State, unless the owner thereof
can prove that he has no participation in nor knowledge of such
arson despite the exercise of due diligence on his part.
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B
of the Revised Penal Code and all laws, executive orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this
Decree are hereby repealed or amended accordingly.
Section 10. Effectivity. This Decree shall take effect immediately
upon publication thereof at least once in a newspaper of general
circulation.
Done in the City of Manila, this 7th day of March, in the year of Our
Lord, nineteen hundred and seventy-nine.
REPUBLIC ACT No. 6426
AN ACT INSTITUTING A FOREIGN CURRENCY DEPOSIT SYSTEM IN
THE PHILIPPINES, AND FOR OTHER PURPOSES.
Section 1. Title.– This act shall be known as the "Foreign Currency
Deposit Act of the Philippines."
Section 2. Authority to deposit foreign currencies. – Any person,
natural or juridical, may, in accordance with the provisions of this
Act, deposit with such Philippine banks in good standing, as may,
upon application, be designated by the Central Bank for the
purpose, foreign currencies which are acceptable as part of the
international reserve, except those which are required by the
Central Bank to be surrendered in accordance with the provisions of
Republic Act Numbered two hundred sixty-five (Now Rep. Act No.
7653).
Section 3. Authority of banks to accept foreign currency deposits. –
The banks designated by the Central Bank under Section two hereof
shall have the authority:
(1) To accept deposits and to accept foreign currencies in trust
Provided, That numbered accounts for recording and servicing of
said deposits shall be allowed;
(2) To issue certificates to evidence such deposits;
(3) To discount said certificates;
(4) To accept said deposits as collateral for loans subject to such
rules and regulations as may be promulgated by the Central Bank
from time to time; and
(5) To pay interest in foreign currency on such deposits.
Section 4. Foreign currency cover requirements. – Except as the
Monetary Board may otherwise prescribe or allow, the depository
banks shall maintain at all times a one hundred percent foreign
currency cover for their liabilities, of which cover at least fifteen
percent shall be in the form of foreign currency deposit with the
Central Bank, and the balance in the form of foreign currency loans
or securities, which loans or securities shall be of short term
maturities and readily marketable. Such foreign currency loans may
include loans to domestic enterprises which are export-oriented or
registered with the Board of Investments, subject to the limitations
to be prescribed by the Monetary Board on such loans. Except as
the Monetary Board may otherwise prescribe or allow, the foreign
currency cover shall be in the same currency as that of the
corresponding foreign currency deposit liability. The Central Bank
may pay interest on the foreign currency deposit, and if requested
shall exchange the foreign currency notes and coins into foreign
currency instruments drawn on its depository banks. (As amended
by PD No. 1453, June 11, 1978.)
Depository banks which, on account of networth, resources, past
performance, or other pertinent criteria, have been qualified by the
Monetary Board to function under an expanded foreign currency
deposit system, shall be exempt from the requirements in the
preceding paragraph of maintaining fifteen percent (15%) of the
cover in the form of foreign currency deposit with the Central Bank.
Subject to prior Central Bank approval when required by Central
Bank regulations, said depository banks may extend foreign
currency loans to any domestic enterprise, without the limitations
prescribed in the preceding paragraph regarding maturity and
marketability, and such loans shall be eligible for purposes of the
100% foreign currency cover prescribed in the preceding paragraph.
(As added by PD No. 1035.)
Section 5. Withdrawability and transferability of deposits. – There
shall be no restriction on the withdrawal by the depositor of his
deposit or on the transferability of the same abroad except those
arising from the contract between the depositor and the bank.
Section 6. Tax exemption. – All foreign currency deposits made
under this Act, as amended by PD No. 1035, as well as foreign
currency deposits authorized under PD No. 1034, including interest
and all other income or earnings of such deposits, are hereby
exempted from any and all taxes whatsoever irrespective of
whether or not these deposits are made by residents or
nonresidents so long as the deposits are eligible or allowed under
aforementioned laws and, in the case of nonresidents, irrespective
of whether or not they are engaged in trade or business in the
Philippines. (As amended by PD No. 1246, prom. Nov. 21, 1977.)
Section 7. Rules and regulations. – The Monetary Board of the
Central Bank shall promulgate such rules and regulations as may be
necessary to carry out the provisions of this Act which shall take
effect after the publications in the Official Gazette and in a
newspaper of national circulation for at least once a week for three
consecutive weeks. In case the Central Bank promulgates new rules
and regulations decreasing the rights of depositors, rules and
regulations at the time the deposit was made shall govern.
Section 8. Secrecy of foreign currency deposits. – All foreign
currency deposits authorized under this Act, as amended by PD No.
1035, as well as foreign currency deposits authorized under PD No.
1034, are hereby declared as and considered of an absolutely
confidential nature and, except upon the written permission of the
depositor, in no instance shall foreign currency deposits be
examined, inquired or looked into by any person, government
official, bureau or office whether judicial or administrative or
legislative, or any other entity whether public or private; Provided,
however, That said foreign currency deposits shall be exempt from
attachment, garnishment, or any other order or process of any
court, legislative body, government agency or any administrative
body whatsoever. (As amended by PD No. 1035, and further
amended by PD No. 1246, prom. Nov. 21, 1977.)
Section 9. Deposit insurance coverage. – The deposits under this Act
shall be insured under the provisions of Republic Act No. 3591, as
amended (Philippine Deposit Insurance Corporation), as well as its
implementing rules and regulations: Provided, That insurance
payment shall be in the same currency in which the insured deposits
are denominated.
Section 10. Penal provisions. – Any willful violation of this Act or any
regulation duly promulgated by the Monetary Board pursuant
hereto shall subject the offender upon conviction to an
imprisonment of not less than one year nor more than five years or
a fine of not less than five thousand pesos nor more than twenty-
five thousand pesos, or both such fine and imprisonment at the
discretion of the court.
Section 12-A. Amendatory enactments and regulations. – In the
event a new enactment or regulation is issued decreasing the rights
hereunder granted, such new enactment or regulation shall not
apply to foreign currency deposits already made or existing at the
time of issuance of such new enactment or regulation, but such new
enactment or regulation shall apply only to foreign currency
deposits made after its issuance. (As added by PD No. 1246, prom.
Nov. 21, 1977.)
R.A. No. 9745, anti-torture act of 2009
Sec. 2 of the new law declares 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 rights of all persons, including suspects,
detainees and prisoners are respected at all times; that no person
placed under investigation or held in custody by any person in
authority or agent of a person in authority shall be subjected to
torture, physical harm, force, violence, threat or intimidation or any
act that impairs his/her free will; and that secret detention places,
solitary, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are hereby prohibited;
and
(c) to fully adhere to the principles and standards on the absolute
condemnation and prohibition of torture set by the 1987 Philippine
Constitution and various international instruments, such as 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 (CEDAW)
and the Convention Against Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment (CAT), to which the Philippines
is a State party.
Under Sec. 3, “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.
“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.
Sec. 4 provides that torture (physical and mental) shall include, but
is 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 bodies
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
of 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.
Per Sec. 5, 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.
Sec. 6 expressly declares that torture as a criminal act. No
exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal political instability or any other public
emergency, may be invoked as a justification for torture. An “Order
of Battle” or any order from a superior officer or public authority
shall not be invoked as a justification for the commission of torture.
Sec. 7 commands that any confession, admission or statement
obtained as a result of torture shall not be invoked as evidence in
any proceedings, except against a person accused of torture as
evidence that said confession, admission or statement was made.
Sec. 8 provides that any individual who alleges that he/she has been
subjected to torture and other cruel, inhuman and degrading
treatment or punishment shall have the right to complain to and to
have his/her case promptly and impartially examined by competent
authorities. The State through its appropriate agencies shall ensure
the safety of the complainant or victim and all other persons
involved in the investigation and prosecution of cases of torture and
other cruel, inhuman and degrading treatment or punishment such
as the legal counsel, witnesses, relatives of the victims,
representatives of human rights organizations and media. They shall
be entitled to the Witness Protection, Security and Benefit Program,
as provided under Republic Act No. 6981, and other laws, rules and
regulations. They shall be protected from ill-treatment and any act
of intimidation or reprisal as a result of the complaint or filing of
charges. Any person committing such acts shall be punished under
existing laws.
Under Sec. 9 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.
Sec. 10 commandes the the Commission on Human Rights of the
Philippines (CHRP) and the Public Attorney’s Office (PAO) to 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 nearest him/her as well
as from human rights nongovernment organizations (NGOs).
Under Sec. 11, before and after interrogation, every person
arrested, detained or under custodial investigation shall have the
right to be informed of his/her right to demand a 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 be provided by the State with a competent and
independent doctor to conduct physical examination. The State
shall endeavour 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 shall have the right to immediate access to quality
medical treatment.
The physical examination and/or psychological evaluation of the
victim shall be contained in a medical report which shall include in
detail his/her medical history and findings, and which shall be
attached to the custodial investigation report. Following applicable
protocol agreed upon by agencies, medical reports shall, among
others, include the following:
(a) The name, age and address of the patient;
(b) The name and address of the nearest of kin of the patient;
(c) The name and address of the person who brought the patient to
a hospital clinic or to a health care practitioner for physical and
psychological examination;
(d) The nature and probable cause of the patient’s injuries and
trauma;
(e) The approximate time and date when the injury and/or trauma
was sustained;
(f) The place where the injury and/or trauma was sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, 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.
Sec. 12 expressly provides that 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 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 a lower ranking personnel to subject a victim to
torture or other cruel, inhuman and degrading treatment or
punishment for whatever purpose shall be held equally liable as
principal. 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 in 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.
Command responsibility is enshrined in the new law. Under Sec.
13,the immediate superior of the unit concerned of the Armed
Forces of the Philippines or the equivalent senior official of the
offender shall be held accountable for “neglect of duty” under the
doctrine of “command responsibility” 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, without prejudice to criminal liability, be held
administratively liable under the principle of command
responsibility.
Sec. 14 provides for the penalty of reclusion perpetua 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.
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.
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.
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.
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
more than thirty (30) days but not more than ninety (90) days.
The penalty of prision correccional in its maximum period shall be
imposed on the immediate officer who, either deliberately or by
inexcusable negligence, failed to do an act even if he/se has
knowledge or, owing to the circumstances at the time, should have
known that acts of torture or other cruel, inhuman or 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.
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.
The penalty of arresto mayor shall be imposed for acts constituting
cruel, inhuman or degrading treatment or punishment.
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. (Sec.
15).
Sec. 16 provides for the international law aspect of the crime.
Notwithstanding the provisions of the foregoing section, any
investigation, trial and decision in any Philippine court or other
agency for any violation of this Act shall be without prejudice to any
investigation, trial, decision or any other legal or administrative
process before the appropriate international court or agency under
applicable international human rights and humanitarian laws.
Sec. 17 provides that no person shall be expelled, returned or
extradited to another State where there are substantial grounds for
believing that such person would be in danger of being subjected to
torture and other cruel, inhuman and degrading treatment or
punishment.
For the purpose of determining whether there are such grounds,
the Secretary of Foreign Affairs and the Secretary of Justice, in
coordination with the Chairperson of the CHRP, shall take into
account all relevant considerations including, where applicable, the
existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.
Sec. 18 contains the compensation clause of the law. Any person
who has suffered torture or other cruel, inhuman and degrading
treatment or punishment shall have the right to claim for
compensation as provided for under Republic Act No. 7309:
Provided, That in no case shall the compensation be any lower; than
Ten thousand pesos (P10,000.00). The victim shall also have the
right to claim for compensation from such other financial relief
programs that may be available to him/her.
Sec. 19 provides that within one (1) year from the effectivity of this
Act, the Department of Social Welfare and Development (DSWD),
together with the Department of Justice (DOJ) and the Department
of Health (DOH) and such other concerned government agencies,
shall formulate a comprehensive rehabilitation program for 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
treatment or punishment shall likewise be formulated by the same
agencies.
Sec. 20 assigns the CHRP as the head of the oversight committee to
monitor the enforcement of the new law. An oversight committee is
created to periodically oversee the implementation of this Act. The
committee shall be headed by a commissioner of the CHRP, with
the following as members: an undersecretary of the DOJ, 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 respective
chairpersons of two (2) nationally organized human rights NGOs,
one of whose functions is the monitoring of cases of torture and
other cruel, inhuman and degrading treatment or punishment.
Sec. 22 provides that the provisions of the Revised Penal Code shall
be suppletory to the new law.
Sec. 24 commands the DOJ and the CHRP, with the active
participation of human rights NGOs, to jointly promulgate the rules
and regulations for the effective implementation of this Act. They
shall also ensure the full dissemination of such rules and regulations
to all officers and members of various law enforcement agencies.