Criminal Law; Rape; The law reclassified rape as a crime

against person and removed it from the ambit of crimes against

chastity.—In 1997, R.A. No. 8353 eradicated the stereotype

concept of rape in Article 335 of the RPC. The law reclassified

rape as a crime against person and removed it from the ambit of

crimes against chastity. More particular to the present case, and

perhaps the law’s most progressive proviso is the 2nd paragraph of

Section 2 thereof recognizing the reality of marital rape and

criminalizing its perpetration, viz.: Article 266-C. Effect of

Pardon.—The subsequent valid marriage between the offended

party shall extinguish the criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the