When rape is committed (Article 266-A)
- Article 266-A states that rape is committed in two alternative ways.
- Article 266-A(1) defines rape as 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;
- By means of fraudulent machination or grave abuse of authority; or
- When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
- Article 266-A(2) defines rape as committed by any person who, under any circumstances in Article 266-A(1), commits an act of sexual assault by inserting:
- his penis into another person’s mouth or anal orifice, or
- any instrument or object into the genital or anal orifice of another person.
Penalties for rape (Article 266-B)
- Article 266-B provides the base penalty rules and graduated/qualifying circumstances for rape.
- Article 266-B establishes the penalty for rape under paragraph 1 of Article 266-A:
- The penalty is reclusion perpetua.
- Article 266-B increases the penalty to reclusion perpetua to death when rape (under Article 266-B’s paragraph for paragraph 1) is committed:
- With the use of a deadly weapon, or
- By two or more persons.
- Article 266-B mandates these higher penalties where specific consequences occur:
- If, by reason or on the occasion of the rape, the victim has become insane, the penalty is reclusion perpetua to death.
- If rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty is reclusion perpetua to death.
- If by reason or on the occasion of the rape, homicide is committed, the penalty is death.
- Article 266-B requires imposition of death if the rape (under paragraph 1) is committed with any of these 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 rape 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;
- (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; and
- (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 sets penalties for rape under paragraph 2 of Article 266-A:
- The penalty is prision mayor.
- Article 266-B increases the penalty for rape under paragraph 2 when committed:
- With a deadly weapon or by two or more persons → prision mayor to reclusion temporal.
- Article 266-B provides these consequence-based penalties for rape under paragraph 2:
- If the victim becomes insane → reclusion temporal.
- If rape is attempted and homicide is committed by reason or on the occasion thereof → reclusion temporal to reclusion perpetua.
- If by reason or on the occasion of the rape, homicide is committed → reclusion perpetua.
- Article 266-B mandates reclusion temporal if the rape under Article 266-A(2) is committed with any of the ten aggravating/qualifying circumstances enumerated in Article 266-B.
Effect of pardon and marriage (Article 266-C)
- Article 266-C provides that a subsequent valid marriage between the offender and the offended party extinguishes:
- the criminal action, or
- the penalty imposed.
- Article 266-C provides that when the legal husband is the offender, 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 is not extinguished and the party is not abated if the marriage is void ab initio.
Evidentiary guidance on resistance and consent (Article 266-D)
- Article 266-D establishes that a physical overt act manifesting resistance against the act of rape in any degree from the offended party may be accepted as evidence in prosecution.
- Article 266-D establishes that prosecution may accept evidence where the offended party is so situated as to render her/him incapable of giving valid consent.
Separability and repealing rules
- Section 3 states 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.
- All laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to this Act are deemed amended, modified, or repealed accordingly.
Effectivity
- Section 5 provides that this Act takes effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.