How is RAPE Commited ( The Anti Rape Law 1997)

[dimple]

Date:    1997

Source:    Republic of the Philippines (Congress and Senate)

Subject:    The Anti-Rape Law of 1997

 
Republic Act 8353


Text:

The Crime Against Persons. The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:

Chapter Three

RAPE:

Article 266-A. Rape: When And How Committed.

1.   By a man who shall have carnal knowledge of a woman under any of the   
                following:

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; and
d.   When the offended party is under twelve (12) years of age or is 
                demented, even though none of the circumstances mentioned above be 
                present.

2.   By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sixual assault by inserting his p*n*s into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

Article 266-B. Penalties. Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua to death.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1.   When 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.   When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
3.   When the rape is committed in full view of the spouse, parent, any of the children or relatives within the third civil degree of consanguinity;
4.   When 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 the commission of the crime;
5.   When the victim is a child below seven (7) years old;
6.   When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV) Acquired Immune Deficiency Syndrome (AIDS) or any other sixually transmissible disease and the virus or disease is transmitted to the victim;
7.   When committed by any member of the Armed Forces of the Philippines of 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 the commission of the crime;
8.   When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
9.   When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of crime.

Rape under paragraph 2 of the next preceding article shall be punished by prison mayor.

Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal to reclusion perpetua.

When by reason or on the occasion of the rape, homicide is committed , the penalty shall be reclusion perpetua.

Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article.

Article 266-C. Effect of Pardon. The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty:

Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

Article 266-D. Presumptions. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A.
 

Medyo himayin natin mga ka PT.

Under Art. 266-A, may idinagdag na isa pang paraan kung paano ma commit ang rape, and that is thru " means of fraudulent machination or grave abuse of authority". Sa madaling salita, fraudulent machination means,panlilinlang or nalinlang mo yung biktima to believe into something na hindi naman pala totoo, kaya mo sya napapayag bumigay (example...A wife believing that her husband entered their room (the lights were off)acceded to the advances made by the intruder and later on realized na hindi nya pala asawa yun). Yung abuse of authority naman e self explanatory na yun.

Sa second paragraph naman, it is now clear that the crime of rape can be committed even to MEN. Before kasi, sa babae lang pwede ma commit yung rape but because of this 2nd paragraph...mere oral six and insertion of any instrument into the anal orifice against the will of that person is considered as rape na.

Before, penetration of the man's p*n*s into the woman's v*g*n* ay kelangan para makasuhan ka ng consummated rape. This also means na a girl can commit rape na din either sa kapwa babae or sa lalaki,whew!

Article 266-B...medyo self explanatory lang yan mga ka PT.

Article 266-C...1st paragraph is almost similar sa dati...if the offender marries the offended party (assuming na pumayag yung victim), the criminal action is extinguished...in short,la ka na kaso.

Sa 2nd paragraph naman, ito na yung marital rape. Naging specific na talaga yung batas na even if married to each other kayo...pwede pa rin magkaron ng rape.

Arts 266- D ay self explanatory na and is in relation to the rules on evidence.

Sana naman ay naliwanagan kayo dito mga ka PT.

*courtesy if my habagat 12*

[monde8]

Thanks for sharing po mam dimple.

 

[caligula]

Are you a lawyer, ma'am?
I thoroughly read it and I guess you covered pretty much everything here.
Ang tanong ko lang Admin Dimple is this. If you got raped or sixually abused when you were a child at ngayon ay malaki ka na to speak out, is there a statute of limitations if you want to file rape charges that occurred more than 10 years ago?

[charliehouse]

Is there a crime of frustrated rape?

[dimple]

Are you a lawyer, ma'am?
I thoroughly read it and I guess you covered pretty much everything here.
Ang tanong ko lang Admin Dimple is this. If you got raped or sixually abused when you were a child at ngayon ay malaki ka na to speak out, is there a statute of limitations if you want to file rape charges that occurred more than 10 years ago?

What I know is rape has prescriptive period of 10 years and statutory rape 20 years so  yes pwede pa sya mag file.. but then filing the case is one thing; whether it will prosper is another, and it will depends on the evidence.


 it is still possible to file, madali lang gawin yan  but it will depends on the evidence ( may decial reports ba sya, video, or any hard evidence na makakatulong) and we should also consider if whether the case will prosper or not...

[dimple]

Is there a crime of frustrated rape?

Sir, Under our criminal law there is no such thing as frustrated rape...it's either you attempted or tried to rape a person or just consumated the act of rape itself..as I explained earlier rape is commited by having carnal knowledge with another person without her/his consent.

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; and
d.   When the offended party is under twelve (12) years of age or is 
                demented, even though none of the circumstances mentioned above be 
                present

In your case the most that they can file is act of lasciviousness or light coercion kung tipong nahawakan lang or di sinasadya na mahipuan...

hope this answer your query...

[Lord Nok Von Hauten]

He he he Nose bleed tayo dito... Salamat for sharing...

Wala po ba kayo tungkol sa bigamy and adultery?

[Lord Nok Von Hauten]

Mam dimple, ano po ang ibig sabihin ng "prison mayor"?

[dimple]

He he he Nose bleed tayo dito... Salamat for sharing...

Wala po ba kayo tungkol sa bigamy and adultery?

Sir marami na po kami an post dun sa nawalang PT hayaan nyo susubukan ko po na ibalik yun ill try to post something on bigamy ór adultery as soon as possible

[caligula]

Wala po ba kayo tungkol sa bigamy and adultery?

...Just make sure when dimple posted it and you're reading it na wala sa likod si misis... hehehe

[Hashishtemasu]

"By a man..."
"inserting his p*n*s into another person's mouth or anal orifice, or any instrument or object"

Interesting, so technically, a woman cannot be legally prosecuted for rape in this country.

[Lord Nok Von Hauten]

...Just make sure when dimple posted it and you're reading it na wala sa likod si misis... hehehe

TAmang tama ito bro kasi wala talaga sa tabi ko si misis nasa pinas siya he he he... magpa convert ako para di ako mademanda ha ha ha...

[dimple]

Mam dimple, ano po ang ibig sabihin ng "prison mayor"?

term lang ba ang tanong mo nok? kase kung term lang.. the prison mayor is the prisoner who is able to forcefully control a cell block. Many times, other inmates have to pay the prison mayor for protection. eto ba yung mga bossing sa loob ng kulungan... minsan nagiging illegal protection to...

about sa bigamy at adultery na request mo sige mag post ako by this week medyo nabusy lang sa holiday.... interesting yung sinabi mo na

magpa convert ako para di ako mademanda ha ha ha...

hehehe alam ko na tackle na namin itong issue na to.. di excuse ang pagcoconvert... remember Shariah Law is different from Civil Code of the Philippines pero meron din presedential agreement tungkol dito.. will talk more on this sa other topic.. para di naman sila malito heheheheh

[Lord Nok Von Hauten]

term lang ba ang tanong mo nok? kase kung term lang.. the prison mayor is the prisoner who is able to forcefully control a cell block. Many times, other inmates have to pay the prison mayor for protection. eto ba yung mga bossing sa loob ng kulungan... minsan nagiging illegal protection to...

about sa bigamy at adultery na request mo sige mag post ako by this week medyo nabusy lang sa holiday.... interesting yung sinabi mo na

hehehe alam ko na tackle na namin itong issue na to.. di excuse ang pagcoconvert... remember Shariah Law is different from Civil Code of the Philippines pero meron din presedential agreement tungkol dito.. will talk more on this sa other topic.. para di naman sila malito heheheheh

ok po... i will wait na lang...

[Habagat12]

Prision Mayor simply refers to a Duration of a penalty. The Judge kasi is given the discretion as to up when the imprisonment will be depending on the gravity of the case and the attending circumstances. Thus, as provided for under the Imdeterminate Sentence Law (ISLAW) Act no 4103, after serving the MINIMUM, the convict may be released on parole, or if he is not fitted for release, he shall continue serving his sentence until the end of the MAXIMUM.

The Revised Penal Code  says in relation to the duration of penalties...

Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months.

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days.

Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may determine.

To summarize, eto po yun:

1. Reclusion Perpetua- imprisonment for at least thirty [30] years after which the convict becomes eligible for pardon. It also carries with it accessory penalties, namely: perpetual special disqualification, etc.
2. Reclusion Temporal- 12 years and 1 day to 20 years
3. Prision Mayor and Temporary Disqualification- 6 years and 1 day to 12 years
4. Prision correccional, suspension, and destierro-  6 months and 1 day to 6 years
5. Arresto Mayor- 1 month and 1 day to 6 months
6. Arresto Menor- 1 day to 30 days
7. Bond to keep the peace— The bond to keep the peace shall be required to cover such period of time as the court may determine.