Log In Create Account

Philippine Bar review · Question

Practice question: Excessive Fines; Cruel, Degrading, or Inhuman Punishment

Multiple Choice Hard

Practice question

A detainee is subjected to established cruel, inhuman and degrading treatment during a threatened war. Officials invoke Section6 as an emergency exception. What does its text actually require?
  1. War threats are express authorization
  2. The prohibition applies in all circumstances and rejects war or threat of war as justification
  3. Only actual war but not threatened war is excluded
  4. A detention order automatically permits every punishment
  5. A public officer may create exceptions by declaration

Legal references

  • Constitution Article III Section 19; RA9745 Sections3-6, punishment and absolute torture prohibition: https://lawphil.net/consti/cons1987.html ; https://lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html

Answer this question in flashcards to review your response and continue practicing.