Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A custodian denies that severe intentional mental suffering can be torture because no physical mark appears. The statutory purpose and official-involvement elements are established. Which is best?
  1. No mark means automatic constitutional approval.
  2. Only photographs can prove any legal violation.
  3. RA 9745 expressly includes severe mental suffering, so that sole defense fails.
  4. Mental suffering is exempt whenever detention is official.
  5. A custodian may define torture privately.

Legal references

  • Republic Act No. 9745, Anti-Torture Act of 2009: https://lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html Section 3(a).

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