Republic Act No. 9745, the Anti-Torture Act, penalizes torture — an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by or with the consent of a person in authority to obtain information or a confession, to punish, or to intimidate or coerce. It covers both physical torture (such as beating or electric shock) and mental or psychological torture (such as threats, prolonged interrogation, or humiliation). The law rejects the defense of a superior's order or an 'order of battle,' bars secret detention facilities, guarantees victims the right to a medical examination, and provides for compensation and rehabilitation. Torture cannot be justified even in war, emergency, or a threat to national security.
The Anti-Torture Act gave the Philippines a specific law criminalizing torture by those in authority — and it removed the excuses often used to justify it.
What Torture Is
Under Republic Act No. 9745, torture is an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by or with the consent or acquiescence of a person in authority or agent of a person in authority, for purposes such as:
- Obtaining information or a confession;
- Punishing the person for an act they (or a third person) committed or are suspected of; or
- Intimidating or coercing the person or others.
Physical and Mental Torture
The law expressly covers both:
- Physical torture — such as beating, electric shock, burning, or other bodily harm; and
- Mental or psychological torture — such as threats of harm, prolonged interrogation, blindfolding, humiliation, or being forced to witness the harm of others.
No Excuse: Superior Orders and Emergencies
Two important rules:
- An order from a superior officer or public authority is not a justification — and neither is an “order of battle”; and
- Torture cannot be justified by a state of war, a threat of war, internal political instability, a public emergency, or any threat to national security.
In short, there is no situation in which torture is legally excusable.
Rights of Victims
RA 9745 guarantees victims rights including:
- The right to a physical and psychological examination by a doctor of their choice;
- Protection against secret detention places, solitary confinement, and incommunicado detention as venues for torture;
- Compensation and rehabilitation; and
- The principle that any confession or admission obtained through torture is inadmissible in evidence.
Command Responsibility
The law also reaches superiors — those who order, allow, or fail to prevent torture by subordinates may be held liable, reinforcing accountability up the chain.
Practical Takeaways
- Torture covers both physical and mental suffering inflicted by or with the acquiescence of authorities;
- No superior order, order of battle, or emergency can justify it;
- Victims have rights to examination, compensation, and rehabilitation, and torture-induced confessions are inadmissible.
Frequently Asked Questions
What is torture under RA 9745? It is the intentional infliction of severe physical or mental pain or suffering on a person by or with the consent of a person in authority, to obtain information or a confession, to punish, or to intimidate or coerce.
Does the law cover mental torture? Yes. RA 9745 expressly covers both physical torture (such as beating or electric shock) and mental or psychological torture (such as threats, prolonged interrogation, or humiliation).
Can a superior's order justify torture? No. An order from a superior officer or an 'order of battle' is not a justification, and torture cannot be justified by war, emergency, or a threat to national security.
What rights do torture victims have? Rights to a physical and psychological examination by a doctor of their choice, protection from secret detention, compensation and rehabilitation, and the inadmissibility of any confession obtained through torture.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.