BILL OF RIGHTS, ARTICLE III

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall
not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public health, as may be provided by
law.

Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms
of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released
on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his failure
to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall
be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act
is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

ANTI-TORTURE ACT OF 2009

The purpose of the Anti-Torture Act of 2009, also known as Republic Act No. 9745, is to prohibit
and penalize any form of physical or mental harm against individuals under investigation or in
custody. The law aims to protect the dignity and human rights of all persons, including suspects,
detainees, and prisoners, and ensure that they are not subjected to torture or other cruel, inhuman,
and degrading treatment or punishment.

Key Entities Involved

The State: The government of the Philippines, which declares its commitment to value the dignity
of every human person and guarantee full respect for human rights.

Commission on Human Rights (CHR): The government agency responsible for the protection and
promotion of human rights in the Philippines.

Law enforcement agencies: Government agencies responsible for the enforcement of laws,
including the prevention and investigation of crimes.
Public Attorney’s Office (PAO): A government agency that provides legal assistance to indigent
individuals, including torture victims.

Barangay Human Rights Action Centers: Local community centers that provide assistance and
support for human rights issues at the barangay (village) level.

Human rights non-governmental organizations (NGOs): Non-profit organizations that work to

promote and protect human rights.

Key Details of the Anti-Torture Act of 2009

Section 1. Short Title: The law is known as the “Anti-Torture Act of 2009.”

Section 2. Statement of Policy: The State declares its commitment to value the dignity of every
human person and guarantee full respect for human rights. It ensures that the human rights of all
persons, including suspects, detainees, and prisoners, are respected at all times. The law prohibits
physical, psychological, or mental harm, force, violence, threat, intimidation, or any act that
impairs free will or degrades human dignity. It also prohibits secret detention places, solitary
confinement, and other similar forms of detention where torture may be carried out with impunity.

Section 3. Definitions: The law provides definitions for key terms used in the Act, including
“torture,” “other cruel, inhuman and degrading treatment or punishment,” “victim,” and “order of
battle.”

Section 4. Acts of Torture: The law lists various acts that constitute torture, including physical
torture (e.g., beating, burning, electric shock, rape, mutilation) and mental/psychological torture
(e.g., blindfolding, threatening, confinement, humiliation).

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment: This section defines
other cruel, inhuman, and degrading treatment or punishment as deliberate and aggravated
treatment or punishment that causes suffering, gross humiliation, or debasement to a person. The
severity of the treatment or punishment is assessed based on various factors, including its duration,
physical and mental effects, and the characteristics of the victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, an Absolute Right: The law emphasizes that torture and other cruel, inhuman, and
degrading treatment or punishment are absolute rights that apply in all circumstances. It states that
a state of war, public emergency, or any other justification shall not be invoked to justify torture
or other cruel treatment.

Section 7. Prohibited Detention: The law prohibits secret detention places, solitary confinement,
and other similar forms of detention where torture may be carried out with impunity. Law
enforcement agencies are required to maintain an updated list of all detention centers and facilities
under their jurisdiction and make it available to the public and the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception: Confessions, admissions, or

statements obtained as a result of torture are inadmissible as evidence in any proceedings, except
when used as evidence against a person accused of committing torture.

Section 9. Institutional Protection of Torture Victims and Other Persons Involved: Victims of
torture have the right to a prompt and impartial investigation by the CHR and other government
agencies. They are entitled to government protection against harassment, threats, and intimidation.
The law also ensures their protection during testimony and evidence presentation.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial Order: Writs of habeas corpus, amparo, or habeas data filed on behalf
of torture victims shall be disposed of expeditiously, and any order of release or other appropriate
court order shall be executed immediately.
Section 11. Assistance in Filing a Complaint: The CHR and the PAO shall provide legal assistance
to torture victims in the investigation and filing of complaints. Victims may also seek assistance
from Barangay Human Rights Action Centers and human rights NGOs.

Section 12. Right to Physical, Medical and Psychological Examination: Persons arrested, detained,
or under custodial investigation have the right to demand a physical examination by an
independent doctor of their choice. If they cannot afford their own doctor, the state shall provide
one. The law also ensures access to proper medical treatment and psychological evaluation.

Section 13. Who are Criminally Liable: The law holds accountable those who directly participate,
induce, or cooperate in the commission of torture. It also holds superior officers and public officials
liable if they issue orders to commit torture or fail to prevent or investigate allegations of torture.
Section 14. Penalties: The law imposes severe penalties, including reclusion perpetua (life
imprisonment) and reclusion temporal (imprisonment for a fixed period), for various acts of
torture. The penalties vary depending on the severity and consequences of the torture.

Section 15. Torture as a Separate and Independent Crime: Torture is treated as a separate and
independent criminal act, and its penalties are imposed without prejudice to any other criminal
liability.

Section 16. Exclusion from the Coverage of Special Amnesty Law: Persons who have committed
acts of torture are not eligible for special amnesty laws or similar measures that exempt them from
criminal proceedings and sanctions.

Section 17. Applicability of Refouler: No person shall be expelled, returned, or extradited to

another state where there are substantial grounds to believe they will be subjected to torture.
Section 18. Compensation to Victims of Torture: Torture victims have the right to claim
compensation, which shall not be lower than Ten thousand pesos (P10,000.00). They may also
seek compensation from other financial relief programs available under existing laws.

Section 19. Formulation of a Rehabilitation Program: Government agencies, including the DSWD,
DOJ, and DOH, shall formulate a comprehensive rehabilitation program for torture victims and
their families. Human rights NGOs shall actively participate in the formulation of the program.

Section 20. Monitoring of Compliance with this Act: An Oversight Committee, headed by a
Commissioner of the CHR, shall oversee the implementation of the Act. The Committee includes
members from the Senate and House of Representatives.

Section 21. Education and Information Campaign: Various government agencies, including the
CHR, DOJ, DND, and DILG, shall ensure that education and information on the prohibition
against torture are included in the training of law enforcement personnel, medical personnel, and
public officials. Human rights education courses shall also be integrated into academic institutions.
Section 22. Applicability of the Act: The provisions of the Act shall apply to all persons within the
Philippines, regardless of their nationality or citizenship.

Section 23. Appropriations: An initial amount of Five million pesos (Php5,000,000.00) is

appropriated to the CHR for the implementation of the Act. Further funding shall be included in
the annual General Appropriations Act.

Section 24. Implementing Rules and Regulations: The DOJ and the CHR, with the participation
of human rights NGOs, shall promulgate the rules and regulations for the effective implementation
of the Act. They shall also ensure the dissemination of such rules and regulations to law
enforcement agencies.

Section 25. Separability Clause: If any provision of the Act is declared invalid or unconstitutional,
the other provisions shall continue to be in full force and effect.

Section 26. Repealing Clause: Laws, decrees, executive orders, or rules and regulations contrary
to or inconsistent with the provisions of the Act are repealed or modified accordingly.
Section 27. Effectivity: The Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.