to the latter.

One day when Pedro visited If Juan was shot by Pedro in the eye, purposely and
deliberately, that is, to deprive Juan of that part of his body other than the essential organ for
reproduction, then there is mutilation. But at the case at bar there is no intention by Pedro. The case will
be considered only as a physical injuries
1. Yes, Pedro is liable for RA 9262, since he is in a dating relationship with Maria and by Pedro
committing section 5, h., 4, when he kicked Maria’s pet named Jose, which stated that inflicting
harm to animals of the woman is a violation of RA 9262.
2. No, woman cannot be held criminally liable for Rape by sexual intercourse, since the element
required for Rape by sexual intercourse is that the offender must be a man having a carnal
knowledge of a woman. Woman can only be held liable for rape is by sexual assault and that is
by inserting any instrument or object (including finger, as it is included within the contemplation
of “object”) into the genital or anal orifice of another person by using force or intimidation or by
means of fraudulent machination or grave abuse of authority.
3. Yes, Pedro can be held liable for Rape even though he was in love, it is Rape by sexual
intercourse through fraudulent machination, by promising to Maria that Pedro will marry her if
they will have sexual intercourse. By this promise Maria allowed Pedro to have carnal
knowledge with her in belief that they will get married without the knowledge that Pedro will
run away if she got pregnant.

ART.266-A RAPE
ART.266-A TO ART.266-D (Rape) has been inserted in Title 8 under Physical Injuries by RA
8353 on October 22, 1997. With this, RAPE was removed from Crimes against Chastity and was
transferred to Crimes against Persons. By this transfer, it appears that RAPE is now considered a
public crime unlike before when it was considered a private crime which can only be prosecuted
and filed at the instant of the offended party and persons allowed by law. Now, Rape can be
prosecuted de officio, meaning authorities can initiate the filing of the Complaint.
4. Under RA 8353 which is now Art.266-A to 266-D, Rape may be committed under the
following manner:
5. A) Sexual Act (Carnal knowledge by a man of a woman under the circumstances
enumerated in Art.266-A, Paragraph 1. This is known as RAPE BY SEXUAL
INTERCOURSE.)
6. B) Sexual Assault(By inserting one’s penis into another’s mouth or anal orifice or by
inserting any instrument or object into the genital or anal orifice of another person.
Art.266-A, Paragraph 2) This is also known as RAPE BY SEXUAL ASSAULT.
7. Please take note of the following:
8. 1.To be RAPE, either by sexual intercourse or sexual assault, it must be committed under
the circumstances enumerated under Art.266-A. If not, no crime of RAPE is committed.
9. 2. RAPE IS EITHER CONSUMMATED OR ATTEMPTED. There is no frustrated Rape
except that decision of the SC in People vs. Erinia, which was subsequently considered
by the SC as a “stray decision” in its subsequent decision in People vs.Orita. With RA
8353, it was made clear that Rape cannot be committed in Frustrated stage.
10. 3.SLIGHTEST PENETRATION is Rape by Sexual Assault consummates the crime. In
PEOPLE v. CAMPUHAN (GR No.129433) the SC has ruled on how rape is
consummated in this wise: Jurisprudence dictates that the labia majora must be entered
for rape to be consummated, and not merely for the penis to stroke the surface of the
female organ. Thus, a grazing of the surface of the female organ or touching the mons
pubis of the pudendum is not sufficient to constitute consummated rape. Absent any
showing of the slightest penetration of the female organ, i.e., touching of either labia of
the pudendum by the penis, there can be no consummated rape; at most, it can only be
attempted rape, if not acts of lasciviousness. It seems from this ruling that if the labia
majora were not entered by the penis, Rape is only in its attempted stage. If there is no
sexual intercourse but only acts of lewdness are performed, it may be rape through sexual
assault under Paragraph 2 of Art.266-A or at most, acts of lasciviousness under Art.366.