(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

(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 mare 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.