Legal basis and amendment made
- Section 1 amends Article 335 of the Revised Penal Code by replacing its provisions on rape, including the circumstances constituting rape and the penalties.
- Republic Act No. 2632 specifically targets the rape provisions under Article 335.
Policy and purpose
- Republic Act No. 2632 adjusts the criminal law framework for rape by amending Article 335 of the Revised Penal Code.
Definition and when rape is committed
- Article 335 provides that rape is committed by having carnal knowledge of a woman under any of the following circumstances:
- rape is committed by using force or intimidation;
- rape is committed when the woman is deprived of reason or otherwise unconscious; or
- rape is committed when the woman is under twelve years of age, even though neither the force/intimidation circumstance nor the deprived-of-reason/unconscious circumstance is present.
- Article 335 classifies the act of carnal knowledge of a woman, when accompanied by any listed circumstance, as rape.
Penalties for rape and maximum-period rule
- Article 335 provides that the crime of rape shall be punished by reclusión temporal.
- Article 335 provides that whenever rape is committed with the use of a deadly weapon or by two or more persons, the penalty is imposed in its maximum period.
Increased penalties when other crimes occur
- Article 335 provides that when, by reason or on the occasion of the rape, a homicide is committed, the penalty shall be reclusión perpetua to death.
- Article 335 provides that when the rape is frustrated or attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusión perpetua.
- Article 335 provides that when, by reason or on the occasion of the rape, the victim has become insane, the penalty shall be likewise reclusión perpetua.