Article 167Act No. 3815, Sec./Art. 167

Counterfeiting, importing and uttering instruments payable to bearer.-Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding 6,000 pesos.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in

consequence of torture, the victim shall have become

insane, imbecile, impotent, blind or maimed for life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on

those

who

commit

any

act

of mental/psychological

torture resulting in insanity, complete or partial amnesia,

fear of becoming insane or suicidal tendencies of the

victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on

those

who

commit

any

act

of

torture

resulting

in

psychological, mental and emotional harm other than

those described 1n paragraph (b) of this section. '

(d) The penalty of prision mayor in its medium and

maximum periods shall be imposed if, in consequence of

torture, the victim shall have lost the power of speech or

the power to hear or to smell; or shall have lost an eye, a

hand, a foot, an arm or a leg; or shall have lost the use of

any such member; Or shall have become permanently

incapacitated for labor.

(e) The penalty of prision mayor in its minimum and

medium periods shall be imposed if, in consequence of

torture, the victim shall have become deformed or shall

have lost any part of his/her body other than those

aforecited, or shall have lost the use thereof, or shall have

been ill or incapacitated for labor for a period of more

than ninety (90) days.

(f) The penalty of prision correccional in its maximum

period to prision mayor in its minimum period shall be

imposed if, in consequence of torture, the victim shall

have been ill or incapacitated for labor for more than

thirty (30) days but not more than ninety (90) days.

(g) The penalty of prision correccional in its minimum and

medium period shall be imposed if, in consequence of

torture, the victim shall have been ill or incapacitated for

labor for thirty (30) days or less.

(h) The penalty of arresto mayor shall be imposed for acts

constituting cruel, inhuman or degrading treatment or

punishment as defined in Section 5 of this Act.

(i) The penalty of prision correccional shall be imposed

upon those who establish, operate and maintain secret

detention places and/or effect or cause to effect solitary

confinement, incommunicado or other similar forms of

prohibited detention as provided in Section 7 of this Act

where torture may be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon

the responsible officers or personnel of the AFP, the PNP

and

other

law

enforcement

agencies

for

failure

to

perform

his/her

duty

to

maintain,

submit

or

make

available to the public an updated list of detention

centers and facilities with the corresponding data on the

prisoners or detainees incarcerated or detained therein,

pursuant to Section 7 of this Act.

Section 15. Torture as a Separate and Independent

Crime. - Torture as a crime shall not absorb or shall not be

absorbed by any other crime or felony committed as a

consequence,

or

as

a

means

in

the

conduct

or

commission

thereof. In which case, torture shall be

treated as a separate and independent criminal act

whose penalties shall be imposable without prejudice to

any other criminal liability provided for by domestic and

international laws.

Section 16. Exclusion from the Coverage of Special

Amnesty Law. - In order not to depreciate the crime of

torture, persons who have committed any act of torture

shall not benefit from any special amnesty law or similar

measures that will have the effect of exempting them

from any criminal proceedings and sanctions.

Section 17. Applicability of Refouler. - No person shall be

expelled, returned or extradited to another State where

there are substantial grounds to believe that such person

shall be in danger of being subjected to torture. For the

purposes of determining whether such grounds exist, the

Secretary of the Department of Foreign Affairs (DFA) and

the

Secretary

of the DOJ, in coordination with the

Chairperson of the CHR, shall take into account all

relevant considerations including, where applicable and

not limited to, the existence in the requesting State of a

consistent pattern of gross, flagrant or mass violations of

human rights.

Section 18. Compensation to Victims of Torture. - Any

person who has suffered torture shall have the right to

claim for compensation as provided for under Republic

Act

No.

7309:

Provided,

That

in

no

case

shall

compensation be any lower than Ten thousand pesos

(P10,000.00). Victims of torture shall also have the right to

claim for compensation from such other financial relief

programs that may be made available to him/her under

existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. -

Within one (1) year from the effectivity of this Act, the

Department of Social Welfare and Development (DSWD),

the DOJ and the Department of Health (DOH) and such

other

concerned

government

agencies,

and

human

rights organizations shall formulate a comprehensive

rehabilitation program for victims of torture and their

families. The DSWD, the DOJ and thc DOH shall also call

on

human rights nongovernment organizations duly

recognized by the government to actively participate in

the formulation of such program that shall provide for the

physical,

mental,

social,

psychological

healing

and

development of victims of torture and their families.

Toward the attainment of restorative justice, a parallel

rehabilitation program for persons who have committed

torture

and

other

cruel,

inhuman

and

degrading

punishment shall likewise be formulated by the same

agencies.

Section 20. Monitoring of Compliance with this Act. - An

Oversight Committee is hereby created to periodically

oversee the implementation of this Act. The Committee

shall be headed by a Commissioner of the CRR, with the

following as members: the Chairperson of the Senate

Committee on Justice and Human Rights, the respective

Chairpersons

of

the

House

of

Representatives'

Committees on Justice and Human Rights, and the

Minority

Leaders

of both houses or their respective

representatives in the minority.

Section 21. Education and Information Campaign. - The

CHR, the DOJ, the Department of National Defense

(DND),

the

Department

of

the

Interior

and

Local

Government (DILG) and such other concerned parties in

both the public and private sectors shall ensure that

education and information regarding prohibition against

torture

and

other

cruel,

inhuman

and

degrading

treatment or punishment shall be fully included in the

training of law enforcement personnel, civil or military,

medical personnel, public officials and other persons who

may

be

involved

in

the

custody,

interrogation

or

treatment of any individual subjected to any form of

arrest, detention or imprisonment. The Department of

Education

(DepED)

and

the

Commission on Higher

Education (CHED) shall also ensure the integration of

human rights education courses in all primary, secondary

and tertiary level academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The

provisions of the Revised Penal Code insofar as they are

applicable shall be suppletory to this Act. Moreover, if the

commission of any crime punishable under Title Eight

(Crimes Against Persons) and Title Nine (Crimes Against

Personal Liberty and Security) of the Revised Penal Code

is attended by any of the acts constituting torture and

other

cruel,

inhuman

and

degrading

treatment

or

punishment as defined herein, the penalty to be imposed

shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million

pesos (Php5,000,000.00) is hereby appropriated to the

CHR for the initial implementation of tills Act. Thereafter,

such

sums as may be necessary for the continued

© Compiled By RGL

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