House approves Anti-Torture Bill

MANILA, Philippines - The House of Representatives has approved on third and final reading the Anti-Torture Bill that will serve as antidote to human rights.

Rep. Edcel Lagman (1st District, Albay), one of the authors of the bill, said the measure aims to ensure that the rights of all persons, including suspects, detainees and prisoners, shall be respected and followed at all times as also declared in the 1987 Constitution.

Rep. Satur Ocampo (Party list, Bayan Muna), one of the prime movers of the measure, said the bill may stop or deter torture or summary execution against suspected political dissenters or a plain criminal.

"It is high time to enact a measure that will address the act of torture which violates the rights of those who espouse political beliefs, ideology, religion or views," Ocampo said.

Rep. Matias Defensor (3rd District, Quezon City), chairman of the House committee on justice, said it is the declared policy of the government to value the dignity of every human person and guarantee full respect for human rights.

Defensor said House Bill No.5709 also known as the Anti-Torture Act of 2009, aims to sustain the Constitutional mandate that "the employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substantial or inadequate penal facilities under subhuman conditions shall be dealt with by law."

Defensor said no person shall be placed under investigation or held in custody by any person in authority or agent of a person in authority shall be subjected to torture, physical harm, force, violence, threat or any act that impairs his or her free will.

Under the measure, torture among other definitions refers to an act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession.

Among other acts of torture as specified under the measure are: systematic beating, punching, kicking, striking with a rifle or truncheon, food deprivation, electric shock, cigarette burning, submersion of the head in the water polluted with excrement, urine or vomit, rape and sexual abuse, dental torture, pulling out of fingernails and other analogous acts of mental or psychological torture.

The bill imposes 40 years imprisonment on violators for torture resulting in death or mutilation, torture with rape, torture with other forms of sexual abuse resulting to the victim being insane, imbecile, impotent, blind or maimed for life and torture committed against children.

The bill further provides 20 years imprisonment to those who commit any act of mental or psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.

Violators shall also face 12 years imprisonment if the victim as a consequence of torture has lost the power of speech or the power to hear or to smell.

The other authors of the bill are Reps. Junie E. Cua (Lone District, Quirino), Lorenzo R. Tanada III (4th District, Quezon), Teodoro A. Casino (Bayan Muna), Liza L. Maza and Luzviminda C. Ilagan (Gabriela) and Minority Leader Ronaldo B. Zamora (Lone District, San Juan). (Isagani Yambot Jr.)

Congresswomen To Play An Active Role On Issue Of Controversial Reproductive Health Bill

DAVAO CITY, Philippines (Mindanao Examiner / Sept. 23, 2008) – Women members of the Philippine Congress may soon play an active role on the issue of the Reproductive Health Bill.

Speaker Prospero Nograles said he will commission women members of the House of Representatives and the Congressional Spouses Foundation Inc. to conduct “all-women” district consultations on the Reproductive Health Bill.

The controversial bill has sparked debates from various groups and lawmakers in the largely Catholic country. Nograles said that women are the ones directly affected by the measure so “let's hear it from the women themselves.”

But Nograles was quick to say that as a devout Catholic, he will maintain “cold neutrality” in the Reproductive Health Bill and pointed out that he is neither for nor against the measure until he “listens to all sides.”

Nograles stressed, however, that he is also prepared to put the measure to a vote in the plenary “when the proper time comes.”

“The arguments of the proponents that overpopulations is the cause of poverty in the Philippines and those against it that human resource is our country’s best asset are both valid and correct,” Nograles said. "But as Speaker, I will not avoid the issue and I will call for a vote after all the plenary debates in the House.”

Nograles said he is prepared to set aside his own personal views on the issue in favor of the position of the majority members of the House of Representatives whom he has asked to consult with their constituents with regards to the raging debate on the Reproductive Health Bill, along with two other contentious issues which are the amendments to the Change and the extension of the Comprehensive Agrarian Reform Law.

“Even if I’m the Speaker, I only have one vote. This is the reason why I have asked our peers to conduct massive consultations in their districts so that their positions on these controversial issues will be reflective of the sentiment of their constituents,” Nograles said, adding that even the members of Congress should set aside their personal views in favor of the sentiment of their constituents.

“And as a lawyer, I was trained to deal only with facts and not speculations. I will maintain cold neutrality on this issue but I will take my personal stand based on facts and not on speculations,” he said.

Nograles also appealed to the proponents and the oppositionists of the Reproductive Health Bill not to resort to “name-calling” and personal attacks and focus their arguments only on facts.

“We cannot avoid this issue forever. We have to confront it head on sooner or later so why not sooner than later? The House may or may not approve this measure but what is more important is that we are able to bring all arguments on the table and decide which is best for our country. No one has the monopoly of wisdom so the best thing to do is listen and learn from the proponents and those who are against it,” he said.

Nograles said the proponents and the oppositionists of the bill should find a middle ground and craft a measure that is acceptable to both sides. And since the arguments of both sides have their own merits, Nograles said it will be best if the proponents are willing to accept amendments based on the recommendations of those who are opposing the bill.

“This issue should not be treated as something that one is wrong and the other is right. This is not black or white. Both sides have their strong and weak points so why not bring the strong points together and remove or reword the provisions in a way that is acceptable to everyone?” he pointed out.

“We should find a win-win solution or a middle ground that is acceptable to both sides. There is no need to fight over something that we can still compromise on,” Nograles said.

Bishops and priests have branded the bill as “anti-life,” but there is nothing in the Reproductive Health Bill that promotes abortion, while those who are supporting it said women should be given a choice of their own and decide for their future.

Albay Rep. Edcel Lagman is the main proponent of House Bill 5043 or the Reproductive Health, Responsible Parenthood, Family Planning and Population Management Bill.

“We must not fear to legislate because it is courage which is the handmaiden of a good and vital law,” Lagman said. “This bill is not solely about pills, condoms and IUDs. Neither is it about sex, morality or religion no matter how desperately its oppositors claim it is.” (Romy Bwaga)