Landmark anti-torture bill set to become law
Two proposed laws, one against torture and another to mitigate the impact of climate change, are on their way to Malacanang for the President's signing following their ratification by both Houses of Congress Wednesday, House Speaker Prospero Nograles announced Thursday.
He was referring to the proposed Torture Act of 2009 and Climate Change Act of 2009.
"We approved Thursday the conference committee reports which reconciled the House and Senate versions of the proposed landmark laws, both aimed at promoting quality human development," he said.
The committee report on the Anti-Torture Act is a reconciled version of HB 5709 and SB 1978, while that of the proposed Climate Change Act is the consolidation of HB 5982 and SB 2583.
The first measure would penalize any act of torture. It defines torture 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 or a third person information or a confession.
Among acts of torture punishable under the measure are systematic beating; punching; kicking; striking with a rifle or truncheon; food deprivation; electric shock; cigarette burning; submersion of the head in water polluted with excrement, urine or vomit; rape and sexual abuse; dental torture; pulling out of fingernails; and other analogous acts of mental or psychological torture.
The bill imposes 40 years’ imprisonment on violators for torture resulting in death or mutilation; torture with rape; torture with other forms of sexual abuse resulting in the victim turning insane, imbecile, impotent, blind or maimed for life; and torture committed against children.
It further provides 20 years imprisonment to those who commit any act of mental or psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the victim from guilt, worthlessness or shame.
Violators shall also face 12 years’ imprisonment if the victim, as a consequence of torture, has lost the power of speech or the sense of hearing and smell.
Under the climate change measure, the Climate Change Commission and local government units (LGUs) are mandated to formulate and implement a national climate action plan based on the United Nations Framework Convention on Climate Change and other international agreements.
It likewise provides for a Climate Change Fund, which LGUs can avail to provide financial assistance to adaptation and mitigation projects identified by the Commission.
Sen. Francis “Chiz” Escudero lauded the Senate ratification of the reconciled version of the anti-torture bill, saying it is a landmark piece of legislation that will alleviate the deplorable state of human rights in the country.
“This is victory against human rights violators. Torture is to be abhorred.
Torturers should be put away for life," said Escudero, who steered the passage of the measure in the Senate as chairman of the Committee on Justice and Human Rights.
Aside from criminalizing torture, Escudero said the bill prohibits the use of “secret detention centers” by state authorities.
Once the bill is passed into law, state authorities such as the police and the military would be required to submit to the Commission on Human Rights a list of all their detention centers on a monthly basis.
“No more secret or clandestine hideouts or holding areas where torture is most of the time performed,” Escudero said.
The bill also includes provisions for the protection of complainants and witnesses and persons involved in the prosecution, and the establishment of a rehabilitation program for victims.
Under the bill, no justification can be offered to justify torture and other inhuman punishments, which will be declared as criminal acts.




