Law Summary
Reason for Amendment
- The disparity resulted from the failure to increase penalties for robbery with rape following the enhancement of penalties for aggravated rape.
- Recognition that robbery with rape is more serious than rape alone.
- Need to align penalties for robbery with rape to those of aggravated rape for parity and proportionality.
Amendments to Article 294(2) of the Revised Penal Code
- The penalty for robbery with the use of violence or intimidation is increased when accompanied by rape or intentional mutilation.
- Standard penalty for robbery with rape or intentional mutilation: reclusion temporal in its medium period to reclusion perpetua.
- If robbery with rape is committed with a deadly weapon or by two or more persons, the penalty is elevated to reclusion perpetua to death, matching the penalty for aggravated rape.
Scope and Application
- Covers robbery involving violence or intimidation against a person.
- Specifically addresses cases where rape or intentional mutilation occurs.
- Also applies when, during robbery, physical injuries as defined under subdivision 1 of Article 263 are inflicted.
Penalty Provisions
- Baseline penalty for robbery with violence: various terms of imprisonment.
- Enhanced penalty for robbery with rape or intentional mutilation: medium period of reclusion temporal to reclusion perpetua.
- Highest penalty for robbery with rape committed with deadly weapon or multiple perpetrators: reclusion perpetua to death.
Effective Date
- The law took effect immediately upon its promulgation on August 15, 1975.
Legal Significance
- Ensured proportionality and consistency in penalties for crimes involving sexual violence and robbery.
- Reflected state policy to impose stricter penalties on more heinous crimes to serve justice and deterrence.
- Clarified and strengthened the penal provisions for robbery cases complicated by rape or mutilation, addressing previous legal gaps.