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Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

Prison officials argue that degrading psychological treatment and subhuman detention facilities cannot raise constitutional concerns because the prisoner’s sentence was lawfully imposed. What is correct?
  1. A lawful sentence removes all constitutional protections
  2. Only the length of the prison term can ever matter
  3. Article III section 19 also addresses degrading treatment and specified inhuman detention conditions; lawful conviction is not blanket authorization for them
  4. Prison officials may amend the Constitution by internal memorandum
  5. Only persons awaiting trial retain protection

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution, Article III section 19: excessive fines, cruel/degrading/inhuman punishment and detention safeguards.
  • https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html — RA 9346 sections1–2: current prohibition on imposing death and substitute penalties by statutory nomenclature.
  • https://lawphil.net/judjuris/juri2020/jan2020/gr_208162_2020.html — Fuertes v. Senate, G.R. 208162, January 7, 2020, main decision: punishment character, proportionality and the constitutional standard; historical discussion does not override RA 9346.

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