Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A jail official orders deliberate, aggravated physical abuse of a convicted prisoner to humiliate him beyond the lawful sentence. The official argues that conviction extinguishes every constitutional protection against degrading punishment. Which is best?
  1. Conviction permits any treatment
  2. The sentence authorizes all humiliation
  3. The prisoner retains protection against prohibited punishment; conviction is not blanket authority for abuse
  4. Only unconvicted detainees can complain
  5. The warden may amend the Constitution

Legal references

  • 1987 Constitution, Article III, Sections 19-21: https://lawphil.net/consti/cons1987.html
  • Republic Act No. 9745, Sections 3-6: https://lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html

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