Philippine Bar review · Question

Practice question: Anti-Torture Act (RA 9745, Secs. 3–8 and 13–16)

Multiple Choice Hard

Practice question

A detainee's statement was obtained through torture. In the torturers' criminal trial, the prosecution offers that statement as evidence against the persons accused of committing the torture. The defense claims Section 8 makes it unusable for every purpose. Which conclusion is correct?
  1. Section 8 expressly permits this use against persons accused of committing torture.
  2. The statement becomes freely admissible against the detainee in every unrelated case.
  3. Section 8 contains no exception.
  4. The exception depends on obtaining the torturers' consent.
  5. The statement must be treated as a voluntary confession by the detainee.

Legal references

  • https://lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html — RA 9745, Section 8.

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