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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A torture-obtained statement is offered in a prosecution against the alleged torturer to prove the torture, rather than against the victim for the underlying offense. An objection says Section 8 contains no exception for any use. Which is best?
  1. Every use is forbidden even against a torturer.
  2. Section 8 expressly permits the stated exception for evidence against persons accused of committing torture.
  3. The exception permits every unrelated use against the victim.
  4. The statement automatically convicts the torturer without proof.
  5. A private agreement alone creates the exception.

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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