QuestionsQuestions (PRESIDENTIAL DECREE NO. 767)
To amend Article 294(2) of the Revised Penal Code so that the penalty for robbery with rape (especially when accompanied by certain qualifying circumstances) aligns with the penalty for rape committed under the same circumstances, eliminating the former disparity.
Article 294(2) of the Revised Penal Code (Robbery with violence against or intimidation of persons—penalties), particularly the portion dealing with robbery accompanied by rape or intentional mutilation and related physical injuries.
Reclusion temporal in its medium period to reclusion perpetua.
Reclusion perpetua to death.
It raises the penalty to reclusion perpetua to death when robbery accompanied by rape is committed with a deadly weapon or by two or more persons.
Because there was an unjustified disparity: rape committed with a deadly weapon or by two or more persons had a higher penalty (reclusion perpetua to death) than robbery with rape under the same circumstances.
Because robbery adds additional unlawful elements and harm beyond rape; hence, PD 767 declares that robbery with rape should be punished by the same penalty when committed under the same qualifying circumstances.
When the robbery accompanied by rape is committed with the use of a deadly weapon or by two or more persons.
Yes. The decree states that when the robbery accompanied by rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
Reclusion temporal in its medium period to reclusion perpetua.
If, by reason or on occasion of such robbery, any physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted, the penalty is reclusion temporal in its medium period to reclusion perpetua.
It refers to injuries inflicted during, because of, or in connection with the robbery—i.e., causally or temporally linked to the robbery.
It takes effect immediately upon its issuance.
It ensures that robbery with rape committed under the same qualifying circumstances that increase the penalty for rape (deadly weapon or two or more persons) will carry the same elevated penalty range.