QuestionsQuestions (Republic Act No. 8353)
Rape is classified as a Crime Against Persons under Title Eight of Act No. 3815 (Revised Penal Code). RA 8353 incorporates a new Chapter Three on Rape (Articles 266-A to 266-D).
Paragraph 1: carnal knowledge of a woman through specified circumstances (force/threat/intimidation; deprivation of reason/unconsciousness; fraudulent machination/grave abuse of authority; or victim under 12 years or demented). Paragraph 2: any person commits sexual assault by inserting his penis into another person’s mouth or anal orifice, or inserting any instrument/object into the genital or anal orifice of another person, when the act is committed under the same circumstances in paragraph 1.
(a) Through force, threat, or intimidation; (b) When the offended party is deprived of reason or otherwise unconscious; (c) By means of fraudulent machination or grave abuse of authority; (d) When the offended party is under 12 years of age or is demented, even if none of the other circumstances are present.
No. The law states that when the offended party is under 12 years of age or is demented, the circumstances in (a)–(c) need not be present.
Any person may be the offender, and the act applies to another person (the victim is not limited to a woman) as long as the act is done under the circumstances in Article 266-A(1).
Rape under paragraph 1 of Article 266-A is punished by reclusion perpetua.
When the rape is committed with the use of a deadly weapon or by two or more persons.
The base penalty is prision mayor. It increases depending on qualifying circumstances: with deadly weapon or two or more persons—prision mayor to reclusion temporal; when the victim becomes insane—reclusion temporal; when a homicide is committed by reason or on the occasion of the rape—reclusion temporal to reclusion perpetua; when homicide results—reclusion perpetua.
For paragraph 1 rape: if rape is attempted and a homicide is committed by reason or on the occasion thereof—reclusion perpetua to death; if by reason or on the occasion of the rape homicide is committed—death. For paragraph 2 rape: if rape is attempted and homicide occurs—reclusion temporal to reclusion perpetua; if homicide occurs by reason or on the occasion of the rape—reclusion perpetua.
Examples: (1) victim under 18 and offender is parent/ascendant/step-parent/guardian/relative within 3rd civil degree or common-law spouse of parent; (2) victim in custody of police/military or law enforcement/penal institution; (3) rape committed in full view of spouse/parent/children or relatives within 3rd civil degree; (4) victim is a child below 7; (5) offender knows he has HIV/AIDS or other sexually transmissible disease and transmits it. (More are listed in the law.)
The subsequent valid marriage between the offender and the offended party extinguishes the criminal action or the penalty imposed.
No. The crime shall not be extinguished if the marriage is void ab initio.
In case the legal husband is the offender, the subsequent forgiveness by the wife as offended party extinguishes the criminal action or the penalty—provided the marriage is not void ab initio.
It provides that any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of acts punished under Article 266-A.
It states that if any part/section/provision is declared invalid or unconstitutional, the remaining unaffected parts remain valid. This helps preserve the validity of the rest of the law even if some provisions are struck down.
It deems Article 335 of Act No. 3815 (as amended) and all inconsistent laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations as amended, modified, or repealed accordingly.