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EXECUTIVE ORDER NO. 62 November 7, 1986

INCREASING THE PENALTIES PROVIDED FOR BY ARTICLE 235 OF ACT NO. 3815, AS AMENDED, THE REVISED PENAL CODE, ON THE MALTREATMENT OF PRISONERS

WHEREAS, the penalties provided for under Article 235 of Act No. 3815, as amended, the Revised Penal Code, have not deterred the commission of the acts sought to be penalized by the said article, as evidenced by the widespread occurrence of torture and other cruel, humiliating and degrading treatment of prisoners during the past regime;

WHEREAS, to prevent the occurrence of such crimes, there is a need to increase the penalties provided for by Article 235 of the Revised Penal Code on the maltreatment of prisoners.

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, hereby order:

Sec. 1. Article 235 of Act No. 3815, as amended, the Revised Penal Code, is hereby amended to read as follows:

"Art. 235. Maltreatment of prisoners. The penalty of prision correccional in its medium period to prision mayor in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishments not authorized by the regulations, or by inflicting such punishments in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision mayor in its minimum period, temporary absolute disqualification and a fine not exceeding six thousand (P6,000.00) pesos, in addition to his liability for the physical injuries or damaged caused."

Sec. 2. This Executive Order shall take effect immediately.

Done in the City of Manila, this 7th day of November, in the year of Our Lord, nineteen hundred and eighty-six.

The Lawphil Project - Arellano Law Foundation

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