Article 165Act No. 3815, Sec./Art. 165

Selling of false or mutilated coin, without connivance.-Any person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.

SECTION THREE.-Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(c) "Victim" refers to the person subjected to torture or

other

cruel,

inhuman

and

degrading

treatment

or

punishment as defined above and any individual who has

suffered harm as a result of any act(s) of torture, or other

cruel, inhuman and degrading treatment or punishment.

(d)

"Order

of

Battle"

refers

to

any

document

or

determination made by the military, police or any law

enforcement

agency

of

the

government, listing the

names of persons and organizations that it perceives to

be

enemies

of

the

State

and

that

it

considers as

legitimate targets as combatants that it could deal with,

through the use of means allowed by domestic and

international law.

Section 4. Acts of Torture. - For purposes of this Act,

torture shall include, but not be limited to, the following:

(a) Physical torture is a form of treatment or punishment

inflicted by a person in authority or agent of a person in

authority upon another in his/her custody that causes

severe pain, exhaustion, disability or dysfunction of one or

more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking,

striking with truncheon or rifle butt or other similar

objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food,

animal or human excreta and other stuff or substances

not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods,

hot oil, acid; by the rubbing of pepper or other chemical

substances on mucous membranes, or acids or spices

directly on the wound(s);

(5) The submersion of the head in water or water polluted

with excrement, urine, vomit and/or blood until the brink

of suffocation;

(6) Being tied or forced to assume fixed and stressful

bodily position;

(7) Rape and sexual abuse, including the insertion of

foreign objects into the sex organ or rectum, or electrical

torture of the genitals;

(8) Mutilation or amputation of the essential parts of the

body such as the genitalia, ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight

and extreme cold;

(12) The use of plastic bag and other materials placed over

the head to the point of asphyxiation;

(13)

The

use

of

psychoactive

drugs

to

change

the

perception, memory. alertness or will of a person, such as:

(i) The administration or drugs to induce confession

and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain

symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b)

"Mental/Psychological

Torture"

refers

to

acts

committed by a person in authority or agent of a person

in authority which are calculated to affect or confuse the

mind and/or undermine a person's dignity and morale,

such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/her relative(s) with

bodily harm, execution or other wrongful acts;

(3) Confinement in solitary cells or secret detention

places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or

public humiliation of a detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of

liberty from one place to another, creating the belief that

he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the

person's family, relatives or any third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked,

parading him/her in public places, shaving the victim's

head or putting marks on his/her body against his/her

will;

(11) Deliberately prohibiting the victim to communicate

with any member of his/her family; and

(12) Other analogous acts of mental/psychological torture.

Section

5.

Other

Cruel,

Inhuman

and

Degrading

Treatment or Punishment. - Other cruel, inhuman or

degrading treatment or punishment refers to a deliberate

and

aggravated

treatment

or

punishment

not

enumerated under Section 4 of this Act, inflicted by a

person in authority or agent of a person in authority

against another person in custody, which attains a level of

severity sufficient to cause suffering, gross humiliation or

debasement to the latter. The assessment of the level of

severity shall depend on all the circumstances of the case,

including the duration of the treatment or punishment,

its physical and mental effects and, in some cases, the

sex, religion, age and state of health of the victim.

Section

6.

Freedom from Torture and Other Cruel,

Inhuman and Degrading Treatment or Punishment, An

Absolute Bight. - 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.

Section

7.

Prohibited

Detention.

-

Secret

detention

places, solitary confinement, incommunicado or other

similar forms of detention, where torture may be carried

out with impunity. Are hereby prohibited.

In which case, the Philippine National Police (PNP), the

Armed Forces of the Philippines (AFP) and other law

enforcement. agencies concerned shall make an updated

list of all detention centers and facilities under their

respective jurisdictions with the corresponding data on

the

prisoners

or

detainees

incarcerated or detained

therein such as, among others, names, date of arrest and

incarceration, and the crime or offense committed. This

list shall be made available to the public at all times, with

a copy of the complete list available at the respective

national headquarters of the PNP and AFP. A copy of the

complete list shall likewise be submitted by the PNP, AFP

and

all

other

law

enforcement

agencies

to

the

Commission on Human Rights (CHR), such list to be

periodically updated, by the same agencies, within the

first five (5) days of every month at the minimum. Every

regional

office

of

the

PNP,

AFP

and

other

law

enforcement agencies shall also maintain a similar list far

all

detainees

and

detention

facilities

within

their

respective areas, and shall make the same available to the

public

at

all

times

at

their

respective

regional

headquarters, and submit a copy. updated in the same

manner provided above, to the respective regional offices

of the CHR.

Section

8.

Applicability

of

the

Exclusionary

Rule;

Exception. - Any confession, admission or statement

obtained as a result of torture shall be inadmissible in

evidence in any proceedings, except if the same is used

as evidence against a person or persons accused of

committing torture.

Section 9. Institutional Protection of Torture Victims and

Other Persons Involved. - A victim of torture shall have the

© Compiled By RGL

165 of 201