Philippine Bar review · Question

Practice question: Right Against Excessive Fines, Cruel and Inhuman Punishment

Multiple Choice Hard

Practice question

A confession is proved to have been obtained through torture. Prosecutors offer it against the tortured person as the sole proof of the charged offense, arguing that a signature makes it admissible. No statutory exception applies. Which rule controls?
  1. A signature cures every method of obtaining it.
  2. Torture automatically proves the confession true.
  3. Any official may waive the victim’s statutory protection.
  4. RA 9745, Section 8 makes a torture-obtained confession inadmissible in proceedings, subject to its specific exception.
  5. Only a public emergency determines admissibility.

Legal references

  • Republic Act No. 9745, Anti-Torture Act of 2009: https://lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html Section 8.

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