Professional Documents
Culture Documents
Your
Excellency,
Good
afternoon.
May
it
please
the
court,
my
name
is
Leo
Joselito
E.
Bono,
for
the
respondent.
The
applicant
contends
that
the
infliction
of
torture
upon
a
suspected
terrorist
in
order
to
obtain
information
on
a
plot
to
blow
up
a
mall
is
legally
justified
for
being
an
exercise
of
the
police
power.
On
behalf
of
the
respondent,
I
would
like
to
submit
2
submission
before
this
honorable
court.
1. Inflicting
torture
on
a
suspected
terrorist
violates
R.A.
9745
or
the
anti-‐
torture
act
of
2009.
2. Inflicting
torture
on
a
suspected
terrorist
violates
section
12
and
section
19
of
the
1987
constitution.
If
there
are
no
preliminary
observations,
I
shall
now
proceed
to
my
submissions,
your
honor?
Thank
You
FIRST
CONTENTION
Your
Exellency,
the
respondent
vehemently
objects
to
this
contention
that
the
infliction
of
torture
is
justified
under
the
police
power
of
the
state.
The
right
of
the
person
against
torture
has
to
be
respected,
protected
and
fulfilled
at
all
times.
This
is
a
human
right
that
cannot
be
curtailed,
diminished
or
taken
away
even
in
times
of
conflict.
Under
Section
1.
article
3
of
the
1987
constitution
,
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.
All
persons
or
things
similarly
situated
should
be
treated
alike,
both
as
to
rights
conferred
and
responsibilities
imposed.
Persons
or
things
ostensibly
similarly
situated
may
nonetheless,
be
treated
differently
if
there
is
a
basis
for
valid
classification.
However
there
is
no
substantial
classification
between
a
suspect
and
a
freeman.
This
contention
is
laid
out
on
the
principle
of
presumption
of
innocence
under
the
Constitution.
So
to
speak.
Under
Section
2
of
REPUBLIC
ACT
9745
states
that
It
is
hereby
declared
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
human
rights
of
all
persons,
including
suspects,
detainees
and
prisoners
are
respected
at
all
times;
and
that
no
person
placed
under
investigation
or
held
in
custody
of
any
person
in
authority
or,
agent
of
a
person
in
authority
shall
be
subjected
to
physical,
psychological
or
mental
harm,
force,
violence,
threat
or
intimidation
or
any
act
that
impairs
his/her
free
will
or
in
any
manner
demeans
or
degrades
human
dignity;
"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.
Section
6.
Torture
and
other
cruel,
inhuman
and
degrading
treatment
or
punishment
as
criminal
acts
shall
apply
to
all
circumstances.
A
state
of
war
or
a
threat
of
war,
internal
political
instability,
or
any
other
public
emergency,
or
a
document
or
any
determination
comprising
an
"order
of
battle"
shall
not
and
can
never
be
invoked
as
a
justification
for
torture
and
other
cruel,
inhuman
and
degrading
treatment
or
punishment.
Your
excellency,
the
infliction
of
torture
upon
a
suspected
terrorist
in
order
to
obtain
information
on
a
plot
to
blow
up
a
mall
strikes
the
very
core
of
the
intentions
of
the
legislative
body
on
enacting
the
anti-‐torture
act.
Applying
section
1
of
article
3
of
the
1987
constitution,
it
goes
to
show
that
the
alleged
terrorist
enjoys
the
right
to
be
equally
protected
of
the
laws
of
the
land
and
one
of
which
is
R.A.
9745.
The
statute
prohibits
acts
inhuman
and
degrading
in
nature
and
is
enjoyed
by
suspects,
detainees,
and
prisoners.
As
a
matter
of
fact.
The
prohibition
of
torture
and
other
cruel,
inhuman
or
degrading
treatment
is
also
to
be
found
in
international
human
rights
law,
both
universal
and
regional.
For
example,
the
Universal
Declaration
of
Human
Rights
(Article
5),
the
International
Covenant
on
Civil
and
Political
Rights
(Article
7),
the
United
Nations
Convention
against
Torture
and
Other
Cruel,
Inhuman
or
Degrading
Treatment
or
Punishment,
the
European
Convention
for
the
Protection
of
Human
Rights
and
Fundamental
Freedoms
(Article
3),
the
American
Convention
on
Human
Rights
(Article
5[2]),
the
African
Charter
on
Human
and
Peoples'
Rights
(Article
5)
and
the
Arab
Charter
on
Human
Rights
(Article
8)
all
contain
provisions
on
this
prohibition.
SECOND
CONTENTION
Under
Article
III,
Sec
12
of
the
constitution
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
a
counsel.
No
torture,
force,
violence,
threat,
intimidation,
or
any
other
means
which
vitiates
the
free
will
shall
be
used
against
him.
Secret
detention
places,
solitary,
incommunicado,
or
other
similar
forms
of
detention
are
prohibited.
The
Miranda
rights
are
available
only
during
custodial
investigation.
Custodial
investigation
is
any
questioning
initiated
by
law
enforcement
officers
after
a
person
has
been
taken
into
custody
or
otherwise
deprived
of
his
freedom
of
action
in
any
significant
way.
The
kernel
of
the
right
is
not
against
all
compulsion
but
only
against
testimonial
compulsion.
It
is
against
the
legal
process
of
extracting
from
the
lips
of
the
accused
an
admission
of
guilt.
More
so,
it
is
against
the
process
of
inflicting
torture,
and
other
means
which
vitiates
the
free
will
in
order
to
obtain
information
from
the
suspect.
In
People
vs.
Mahinay,
the
Supreme
court
laid
down
the
guidelines
and
duties
of
arresting,
detaining,
inviting
or
investigating
officers
or
his
companions,
as
follows:
a. The
person
arrested,
detained,
invited
or
under
custodial
investigation
must
be
informed
in
a
language
known
to
and
understood
by
him
of
the
reason
for
the
arrest
and
he
must
be
shown
the
warrant
of
arrest,
.
b. He
must
be
warned
that
he
has
a
right
to
remain
silent,
and
that
any
statement
he
makes
may
be
used
as
evidence
against
him.
c. He
must
be
informed
that
he
has
the
right
to
be
assisted
at
all
times
and
have
the
presence
of
an
independent
and
competent
lawyer,
preferably
of
his
own
choice.
d. He
must
be
informed
that
if
he
has
no
lawyer
or
cannot
afford
services
of
a
lawyer,
one
will
be
provided
for
him.
Your
Excellency,
inflicting
torture
on
a
suspected
terrorist
violates
his
Miranda
rights,
these
rights
must
not
be
curtailed,
for
there
should
be
due
process
of
law
given
to
the
people
even
to
suspected
terrorists.
In
obtaining
information,
one
must
not
inflict
demeaning
acts
in
order
to
get
this.
Section
19
article
3.
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.
In
People
vs.
Dionisio,
to
violate
the
constitutional
guarantee,
the
penalty
must
be
flagrantly
and
plainly
oppressive,
wholly
disproportionate
to
the
nature
of
the
offense
as
to
shock
the
moral
sence
of
the
community.
Since,
respondent
respectfully
requests
that
the
infliction
of
torture
upon
a
suspected
terrorist
to
obtain
information
on
a
plot
to
blow
up
a
mall
violates
r.a.
9745
and
…
___________________________________________________________________________________
Constitution
casino
centino
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.
Equal
protection
clause
is
a
specific
constitutional
guarantee
of
the
person.
the
equality
that
it
guarantees
is
legal
equality
of
all
person
before
the
law.
Under
it,
each
individual
is
dealt
with
as
an
equal
person
in
law,
which
does
not
treat
the
person
differently
because
of
who
he
is
or
what
he
is
or
what
he
posses.
the
suspect
enjoys
the
equal
protection
of
the
law.
he
enjoys
every
single
right
a
free
man
enjoys.
Without
being
proven
to
be
guilty
of
the
charge;
he
enjoys
the
presumption
of
innocence.
he
is
then
subject
to
all
the
rights
a
freeman
posses.
Art
2.
Section
11.
The
State
values
the
dignity
of
every
human
person
and
guarantees
full
respect
for
human
rights.
(ang
details
btaw
ani
kay
more
likely
kanang
sa
thos
who
have
less
in
life
should
have
mor
ein
law;
pang
lipat
lipat
lang
ni
siya.
not
a
principal
statement
:[])
Art
2.
Section
5.
The
maintenance
of
peace
and
order,
the
protection
of
life,
liberty,
and
property,
and
promotion
of
the
general
welfare
are
essential
for
the
enjoyment
by
all
the
people
of
the
blessings
of
democracy.
The
mention
of
“peace
and
order”
provoked
the
objection
that
it
could
create
the
notion
that
the
peace
and
order
must
be
promoted
at
all
cost
and
even
at
the
expense
of
justice
and
could
encourage
the
use
of
military
solutions
to
what
could
be
normally
treated
as
social
economic
and
political
problems.
But
the
author,
commissioner
Ambrosio
Padilla,
explained
the
provision
recognize
hierarchy
of
rights-‐
Life>liberty>property.
Therefore,
the
life
and
safety
of
the
accused
is
given
more
more
value
than
other
things.
(di
ko
sure
ani
)
Incase
he
is
under
custodial
investigation
Art
3.
Section
12.
Of
the
1987
constitution
states
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
the
rehabilitation
of
victims
of
torture
or
similar
practices,
and
their
families.
rpc
borinaga
cabardo
Acts
of
torture
fall
under
the
offense
of
"physical
injuries"
defined
in
the
Revised
Penal
Code
as
wounding,
beating,
or
assaulting
another
person
resulting
in
injuries
with
no
intention
to
kill.
source
ARTICLE
235
(RPC)
Maltreatment
of
prisoners.
-‐
The
penalty
of
prision
correccional
in
its
medium
period
to
prision
mayor
in
its
minimum
period,
in
addition
to
his
liability
for
the
physical
injuries
or
damage
caused,
shall
be
imposed
upon
any
public
officer
or
employee
who
shall
overdo
himself
in
the
correction
of
handling
of
a
prisoner
or
detention
prisoner
under
his
charge
by
the
imposition
of
punishments
not
authorized
by
the
regulations,
or
by
inflicting
such
punishments
in
a
cruel
and
humiliating
manner.
If
the
purpose
of
the
maltreatment
is
to
extort
a
confession,
or
to
obtain
some
information
from
the
prisoner,
the
offender
shall
be
punished
by
prision
mayor
in
its
minimum
period,
temporary
special
disqualification
and
a
fine
not
exceeding
six
thousand
pesos,
in
addition
to
his
liability
for
the
physical
injuries
or
damage
caused.
offended
party
is
either:
1.
A
convict
by
final
judgment
2.
A
detention
prisoner
(he
must
be
placed
in
the
jail
even
for
a
short
while)
the
public
officer
must
have
actual
charge
of
the
prisoner
to
hold
him
liable
for
maltreatment
of
prisoner
Argument
:
would
this
apply
to
a
terrorist
who
is
a
threat
to
the
national
security?
answer
:
(sorry
wa
jud
ko
kita,
try
naku
pangita
taman)
ARTICLE
II
(1987
CONSTITUTION
international
law
spl
bono
paki
check
na
beb
spl
man
guro
na
ra
9745
asian
human
rights
everyone:cases
guys
every
law
or
provision
butangan
nato
ug
argument
:]]
our
topic
is
against
the
use
of
torture
upon
a
suspected
terrorist
in
order
to
obtain
information
on
a
plot
to
blow
up
a
mall
so
rights
of
the
accused
ni
niya
human
rights
(formulate
possible
defense
of
the
opposing
counsel
)
Possible
arguments
of
the
opposing
counsel
and
how
are
we
going
to
turn
it
down
A=
argument
D=
defense
A:Inherent
right
of
every
state
to
existence
and
self
preservation.
the
state
my
take
up
all
necessary
action,
including
the
used
of
armed
force
to
repel
any
threat
to
its
security
D:
Under
Article
III,
Sec
12
of
the
constitution
which
states
that
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.
under
the
incorporation
clause…
the
philippines
adopts
the
generally
accepted
principles
of
international
law
as
part
of
the
law
of
the
land.1
Under
the
rule
of
Pact
Sunt
Servanda,
a
generally
accepted
principle
of
international
law,
should
be
observed
by
us
in
good
faith.
International
law
like
__________________________should
be
observe
in
good
faith.
(reason
why
we
adopt
international
law)
A:
incase
naa
silay
international
law
na
mo
support
sa
ilang
contention
D:
if
there
is
a
conflict
between
the
international
law
and
municipal
law.
Municipal
law
shall
prevail.
this
was
upheld
in
the
case
of
Gonzales
v.
Hechanova
(issue:
doctrine
of
separation
of
powers),
In
re
garcia
(rule
making
power
of
the
supreme
court).
therefore
the
constitutional
law
shall
prevail.
take
note
the
Constitution
is
considered
as
the
fundamental
law
of
the
law;
anything
that
is
against
it
is
null
and
void.
Constitutional
rights
of
an
accused
–
article
3
Definition
of
a
Terrorist
-‐
A
terrorist
is
just
a
made
of
word
of
propaganda,
a
terrorist
against
the
united
states
is
basically
a
freedom
fighter
for
the
millions
of
families
who
have
lost
family
members,
friends,
compatriot
from
the
middle
east.
A
terrorist
is
a
human
person,
whom
given
the
choice
would
not
die
or
kill
another
person
for
the
simple
virtue
of
self-‐preservation.
A
terrorist
is
basically
just
a
guerilla
fighter
fighting
a
war
in
his
own
capable
ways.
A
human
being,
people
in
the
virtue
of
self-‐preservation
will
not
blow
up
a
mall
without
a
reason
which
he
sees
fit,
he
is
basically
a
soldier
on
the
wrong
side
of
the
news,
the
victim
of
a
propaganda
term,
so
point
is
he
is
just
a
soldier
without
a
big
military
war
chest
backing
him
up,
a
terrorist
for
the
west,
a
freedom
fighter
for
his
families
and
friends.
Basically,
what
rights
you
afford
to
a
soldier
under
the
Geneva
Convention:
The
Geneva
Conventions
of
1949
and
their
Additional
Protocols
of
8
June
1977
contain
a
number
of
provisions
that
absolutely
prohibit
torture
and
other
cruel
or
inhuman
treatment
and
outrages
upon
individual
dignity.
For
example,
torture
is
prohibited
by
Article
3
common
to
the
four
Geneva
Conventions,
Article
12
of
the
First
and
Second
Conventions,
Articles
17
and
87
of
the
Third
Convention,
Article
32
of
the
Fourth
Convention,
Article
75
(2
a
&
e)
of
Additional
Protocol
I
and
Article
4
(2
a
&
h)
of
Additional
Protocol
II.
In
international
armed
conflict,
torture
constitutes
a
grave
breach
under
Articles
50,
51,
130
and
147
respectively
of
these
Conventions.
Under
Article
85
of
Additional
Protocol
I,
these
breaches
constitute
war
crimes.
In
non-‐international
armed
conflict,
they
are
considered
serious
violations.
The
prohibition
of
torture
and
other
cruel
or
inhuman
treatment
and
outrages
upon
personal
dignity,
in
particular
humiliating
and
degrading
treatment,
is
recognized
as
a
customary
rule
in
the
ICRC’s
study
Customary
International
Humanitarian
Law
(Rule
90)
and
by
the
International
Criminal
Tribunal
for
the
former
Yugoslavia.
The
prohibition
of
torture
and
other
cruel,
inhuman
or
degrading
treatment
is
also
to
be
found
in
international
human
rights
law,
both
universal
and
regional.
For
example,
the
Universal
Declaration
of
Human
Rights
(Article
5),
the
International
Covenant
on
Civil
and
Political
Rights
(Article
7),
the
United
Nations
Convention
against
Torture
and
Other
Cruel,
Inhuman
or
Degrading
Treatment
or
Punishment,
the
European
Convention
for
the
Protection
of
Human
Rights
and
Fundamental
Freedoms
(Article
3),
the
American
Convention
on
Human
Rights
(Article
5[2]),
the
African
Charter
on
Human
and
Peoples'
Rights
(Article
5)
and
the
Arab
Charter
on
Human
Rights
(Article
8)
all
contain
provisions
on
this
prohibition.
United
Nations
Convention
against
Torture
Ban
on
torture
and
cruel
and
degrading
treatment
Article
2
of
the
convention
prohibits
torture,
and
requires
parties
to
take
effective
measures
to
prevent
it
in
any
territory
under
its
jurisdiction.
This
prohibition
is
absolute
and
non-‐derogable.
"No
exceptional
circumstances
whatsoever"
may
be
invoked
to
justify
torture,
including
war,
threat
of
war,
internal
political
instability,
public
emergency,
terrorist
acts,
violent
crime,
or
any
form
of
armed
conflict.
Torture
cannot
be
justified
as
a
means
to
protect
public
safety
or
prevent
emergencies.
Neither
can
it
be
justified
by
orders
from
superior
officers
or
public
officials.
The
prohibition
on
torture
applies
to
all
territories
under
a
party's
effective
jurisdiction,
and
protects
all
people
under
its
effective
control,
regardless
of
citizenship
or
how
that
control
is
exercised.
Since
the
convention's
entry
into
force,
this
absolute
prohibition
has
become
accepted
as
a
principle
of
customary
international
law.
Because
it
is
often
difficult
to
distinguish
between
cruel,
inhuman
or
degrading
treatment
and
torture,
the
Committee
regards
Article
16's
prohibition
of
such
treatment
as
similarly
absolute
and
non-‐derogable.
The
other
articles
of
part
I
lay
out
specific
obligations
intended
to
implement
this
absolute
prohibition
by
preventing,
investigating
and
punishing
acts
of
torture.
Bottom
line,
torture
is
not
an
effective
way
of
obtaining
information.
Worse,
it
might
produce
wrong
information
since
the
person
is
under
duress
or
in
pain
…
a
person
who
can
die
as
well.
(and
we
don’t
wanna
dig
into
that
issue,
because
for
one,
even
though
being
suspected,
such
person
still
has
his
right
to
life).
Since
the
beginning
of
2010,
Balay
rehabilitation
center,
Medical
action
group
and
the
International
rehabilitation
council
for
torture
victims,
have
been
actively
involved
in
cases
of
torture
and
ill-‐treatment
in
the
Philippines:
1.
Lenin
Salas
et
al
(Jose
L.
Gomez,
Jerry
Simbulan,
Rodwin
M.
Talaand
Daniel
Navarro)
vs.
PSupt.
Madzgani
M.
Mukaram
&
John
Does
for
Violation
of
RA
9745,
The
CHR
regional
office
filed
the
case
in
Pampanga
shortly
after
the
Anti-‐Torture
Act
took
effect
in
2009.
It
is
among
the
first
case
of
torture
that
reached
the
prosecutor’s
office.
The
complainants
are
five
political
detainees
who
claim
that
they
have
been
badly
beaten
and
threatened
with
death
by
their
police
captors
whose
names
appeared
on
official
records.
The
alleged
torture
and
ill-‐treatment
was
documented
by
forensic
experts
and
the
visual
marks
was
captured
by
a
TV
crew
from
Al
Jazeera
television
visiting
their
detention
facility.
The
complaint
was
filed
on
September
21,
2010
at
the
Office
of
the
City
Prosecutor
of
the
City
of
San
Fernando,
Pampanga.
The
Office
of
City
Prosecutor
of
the
City
of
San
Fernando,
Pampanga
issued
resolutions
dated
July
21,
2011
and
November
21,
2011
dismissing
the
complaint
against
respondents.
The
prosecutor’s
office
found
it
probably
that
torture
had
taken
place
based
on
the
forensic
medical
reports
but
at
the
same
time
rejected
the
victims’
voice
based
identification
of
the
perpetrators.
Since
the
victims
were
blindfolded
from
the
time
of
arrest
and
during
the
alleged
torture.
This
decision
has
now
been
appealed
but
at
as
of
20
July
2012,
no
decision
has
been
issued.
The
alleged
victims
are
still
detained
on