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Questions and Answers
Which of the following is considered an act of physical torture based on the text?
Which of the following is considered an act of physical torture based on the text?
- Preparing a prisoner for public humiliation
- Blindfolding (correct)
- Prolonged interrogation
- Threatening a person with execution
What makes a confession obtained through torture inadmissible in court proceedings?
What makes a confession obtained through torture inadmissible in court proceedings?
- If it is used as evidence against the accused of committing torture (correct)
- If it undermines a person's dignity and morale
- If it is obtained through prolonged interrogation
- If it involves threats against relatives
Which of the following is NOT mentioned as an act of mental/psychological torture in the text?
Which of the following is NOT mentioned as an act of mental/psychological torture in the text?
- Preparing a prisoner for a 'show trial'
- Threatening a person with bodily harm (correct)
- Denial of sleep or rest
- Confinement in secret detention places
In the context of torture as a separate crime, what does the text mention about its treatment compared to other crimes committed during the act?
In the context of torture as a separate crime, what does the text mention about its treatment compared to other crimes committed during the act?
Which of the following actions is considered an offense against religious feelings based on the text?
Which of the following actions is considered an offense against religious feelings based on the text?
What exception is mentioned in the text regarding the use of confessions obtained through torture?
What exception is mentioned in the text regarding the use of confessions obtained through torture?
What are the two elements required for an act to be considered as offending the religious feelings?
What are the two elements required for an act to be considered as offending the religious feelings?
What is an act that can be considered notoriously offensive against religious feelings?
What is an act that can be considered notoriously offensive against religious feelings?
What is the corresponding penalty for offending religious feelings as per the text?
What is the corresponding penalty for offending religious feelings as per the text?
Under the Anti-Torture Act, which of the following actions constitute physical torture?
Under the Anti-Torture Act, which of the following actions constitute physical torture?
Which action is NOT considered physical torture under the Anti-Torture Act based on the text?
Which action is NOT considered physical torture under the Anti-Torture Act based on the text?
What is one form of treatment or punishment that constitutes physical torture according to the text?
What is one form of treatment or punishment that constitutes physical torture according to the text?
Who can be held liable as an accessory for torture under Sec. 17 RA 9745?
Who can be held liable as an accessory for torture under Sec. 17 RA 9745?
Which scenario could make a superior military officer liable for the crime of torture?
Which scenario could make a superior military officer liable for the crime of torture?
What action by a commanding officer can lead to liability for the crime of torture?
What action by a commanding officer can lead to liability for the crime of torture?
What is a right granted to victims under Sec. 17 RA 9745?
What is a right granted to victims under Sec. 17 RA 9745?
Under Sec. 17 RA 9745, who can be held liable as an accessory for torture?
Under Sec. 17 RA 9745, who can be held liable as an accessory for torture?
In what scenario can a public officer be held liable as an accessory under Sec. 17 RA 9745?
In what scenario can a public officer be held liable as an accessory under Sec. 17 RA 9745?
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Study Notes
Physical Torture
- Act of physical torture: inflicting severe pain or suffering, whether physical or mental, upon a person to obtain information, punishment, or intimidation.
- Physical torture includes: beating, burning, electric shock, forced injection of any substance, and mutilation.
Mental/Psychological Torture
- Acts of mental/psychological torture: threats, intimidation, humiliation, and other forms of psychological manipulation.
- Not mentioned as an act of mental/psychological torture: none mentioned.
Torture as a Separate Crime
- Torture is considered a separate crime, and it is treated as an aggravated form of other crimes committed during the act.
Offending Religious Feelings
- Act that can be considered notoriously offensive against religious feelings: desecration of a place of worship or any religious venerated object.
- Two elements required for an act to be considered as offending religious feelings: the act must be committed with deliberate intent to offend religious feelings, and the act must be notoriously offensive.
- Penalty for offending religious feelings: imprisonment of not less than 6 months and 1 day, but not more than 1 year and a fine of not more than P10,000.
Confessions Obtained through Torture
- Exception: if the torture is committed by a private person, the confession may be admitted in evidence if the accused affirmatively waives the inadmissibility of the confession.
Liability for Torture
- Under Sec. 17 RA 9745, a superior military officer can be held liable for the crime of torture if they knew or should have known that torture was being committed by their subordinates, but failed to prevent or report it.
- A public officer can be held liable as an accessory if they had knowledge of the commission of torture, but failed to prevent or report it.
- A commanding officer can be held liable if they gave the order, allowed, or tolerated the commission of torture.
- A person who aids or abets the commission of torture can be held liable as an accessory.
- Right granted to victims under Sec. 17 RA 9745: the right to compensation and rehabilitation.
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