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?
- War threats are express authorization
- The prohibition applies in all circumstances and rejects war or threat of war as justification
- Only actual war but not threatened war is excluded
- A detention order automatically permits every punishment
- 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
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