Purpose and legal classification change
- Section 2 reclassifies rape as a “Crime Against Persons” under Title Eight of Act No. 3815 (the Revised Penal Code), as amended.
- Section 2 mandates the incorporation of a new chapter on rape into Title Eight of the Revised Penal Code.
Inserted Chapter Three: Rape
- Section 2 adds “Chapter Three — Rape” into Title Eight of the Revised Penal Code.
- Article 266-A defines rape and states when and how it is committed.
- Article 266-B establishes the penalties for rape and qualifying circumstances.
- Article 266-C sets the effect of pardon through subsequent marriage or forgiveness.
- Article 266-D sets evidentiary presumptions related to resistance and consent capacity.
Definition: when rape is committed (Article 266-A)
- Article 266-A(1) provides that rape is committed by a man who has carnal knowledge of a woman under any of the following circumstances:
- Through force, threat, or intimidation.
- When the offended party is deprived of reason or otherwise unconscious.
- Through fraudulent machination or grave abuse of authority.
- When the offended party is under twelve (12) years of age or is demented, even though none of the other circumstances mentioned above be present.
- Article 266-A(2) provides that rape is committed by any person who, under any of the circumstances in Article 266-A(1), commits an act of sexual assault by:
- Inserting the offender’s penis into another person’s mouth or anal orifice, or
- Inserting any instrument or object into the genital or anal orifice of another person.
- Article 266-A treats rape as committed only when the specified act is done under the circumstances enumerated in Article 266-A(1).
- Article 266-A uses “carnal knowledge” for paragraph 1 and sexual assault (with oral or anal insertion or insertion of instruments/objects) for paragraph 2.
Penalties and qualifying circumstances (Article 266-B)
- Article 266-B provides that rape under Article 266-A(1) is punished by reclusion perpetua.
- Article 266-B increases the penalty for Article 266-A(1) rape to reclusion perpetua to death when:
- The rape is committed with the use of a deadly weapon, or
- The rape is committed by two or more persons.
- Article 266-B imposes reclusion perpetua to death when:
- By reason or on the occasion of the rape, the victim has become insane.
- Article 266-B imposes reclusion perpetua to death when:
- The rape is attempted and a homicide is committed by reason or on the occasion thereof.
- Article 266-B imposes death when:
- By reason or on the occasion of the rape, homicide is committed.
- Article 266-B mandates the death penalty if rape under Article 266-A(1) is committed with any of the following aggravating/qualifying circumstances:
- (1) The victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
- (2) The victim is under the custody of the police or military authorities or any law enforcement or penal institution.
- (3) The rape is committed in full view of the spouse, parent, any of the children, or other relatives within the third civil degree of consanguinity.
- (4) The victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of commission.
- (5) The victim is a child below seven (7) years old.
- (6) The offender knows he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim.
- (7) The crime is committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate commission of the crime.
- (8) By reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability.
- (9) The offender knew of the pregnancy of the offended party at the time of commission.
- (10) The offender knew of the offended party’s mental disability, emotional disorder and/or physical handicap at the time of commission.
- Article 266-B provides that rape under Article 266-A(2) is punished by prision mayor.
- Article 266-B increases the penalty for Article 266-A(2) rape to prision mayor to reclusion temporal when:
- The rape is committed with the use of a deadly weapon, or
- The rape is committed by two or more persons.
- Article 266-B provides:
- When by reason or on the occasion of the rape, the victim has become insane, the penalty is reclusion temporal.
- When the rape is attempted and a homicide is committed, the penalty is reclusion temporal to reclusion perpetua.
- When by reason or on the occasion of the rape, homicide is committed, the penalty is reclusion perpetua.
- Article 266-B provides that reclusion temporal shall also be imposed if the rape under Article 266-A(2) is committed with any of the ten aggravating/qualifying circumstances mentioned in Article 266-B.
Effect of pardon and subsequent events (Article 266-C)
- Article 266-C provides that the subsequent valid marriage between the offender and the offended party extinguishes the criminal action or the penalty imposed.
- Article 266-C provides that if the offender is the legal husband, the subsequent forgiveness by the wife as the offended party extinguishes the criminal action or the penalty.
- Article 266-C provides a limitation: the crime shall not be extinguished and the party shall not be abated if the marriage is void ab initio.
Evidentiary rule: presumptions (Article 266-D)
- Article 266-D provides that any physical overt act manifesting resistance against the act of rape in any degree from the offended party may be accepted as evidence in the prosecution of acts punished under Article 266-A.
- Article 266-D provides that evidence may also include situations where the offended party is so situated as to render her/him incapable of giving valid consent.
- Article 266-D states that these considerations are accepted as evidence for prosecution of the acts punished under Article 266-A.
Separability, repeal, and effectivity mechanics
- Section 3 provides a separability clause: if any part, section, or provision is declared invalid or unconstitutional, the remaining parts not affected remain valid.
- Section 4 provides a repealing clause:
- Article 335 of Act No. 3815, as amended, is deemed amended, modified, or repealed accordingly.
- All inconsistent or contrary laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations are deemed amended, modified or repealed accordingly.
- Section 5 provides the publication rule and transitory timing for effectivity: fifteen (15) days after completion of publication in two (2) newspapers of general circulation.