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TITLE VIII: CHAPTER III:

RAPE
(R.A. 8353 )
Arts. 266-A -266- D of the
Revised Penal Code

SALIENT FEATURES OF
R. A. 8353

ART. 335 of the


R.A. 8353
RPC
AS TO CLASSIFICATION OF RAPE:

Rape is classified in An Act expanding the definition


Book 2 Title 11 Crimes
of the crime of rape and
Against Chastity
reclassifying it as a Crime
Chapter 2 Rape and
Against Persons by amending
Acts
of
the Revised Penal Code or The
Lasciviousness
Anti- Rape Law of 1997
It took effect on October 22,
1997
It classifies rape as a CRIME
AGAINST PERSONS under
Title 8 of the RPC and

ART. 335 of the RPC

R.A. 8353

AS TO WHO CAN COMMIT AND AGAINST


WHOM RAPE MAY BE COMMITTED:

Male against female

Male or Female against a


male or female

ART. 335 of the RPC


R.A. 8353
AS TO PENALTY:
Punishment for rape: reclusion Punishment for rape: reclusion
perpetua.
perpetua.
When committed with the use
of a deadly weapon or by two
or more persons: reclusion
perpetua to death.

When committed with the use of a


deadly weapon or by two or more
persons: reclusion perpetua to
death.

When the victim has become


When the victim has become
insane: death.
insane: RECLUSION PERPETUA
TO DEATH.
When the rape is attempted or
frustrated and a homicide is
committed: death.
When THE RAPE IS ATTEMPTED
AND A HOMICIDE IS
When rape with homicide is
COMMITTED: RECLUSION
committed: death
PERPETUA TO DEATH.

ART. 335 OF THE RPC

R.A. 8353

AS TO PENALTY:
DEATH PENALTY is
imposed if the crime of
rape is committed with
any of the ten aggravating
and qualifying
circumstances in Art. 266B. It makes rape a
HEINOUS CRIME.
Penalty for Anal and Oral
Rape is included.

ART. 335 OF THE RPC


R.A.
8353
AS TO WHEN AND HOW RAPE IS
COMMITED:
Rape is commited by having
carnal knowledge of a woman
under any of the following:
By using force or
intimidation
When the woman is
deprived of reason or
unconscious
When the woman is
under twelve years of
age, even without force
or intimidation or even if
she is not unconscious

Circumstances same as the


old law with the FOLLOWING
ELEMENTS ADDED:
use of threat
by means of fraudulent
machination or grave
abuse of authority
if the offended party is
demented
Definition of rape was also
expanded to include oral

ART. 335 OF THE


RPC

R.A. 8353

OTHER SALIENT FEATURES:


There is a provision on the effect
of pardon of the offended party
under Art. 266-C
There is a provision on
presumptions under Art. 266- D
It makes marital rape punishable.
Rape shield rule is also
included.

ARTICLE 266-A. RAPE: WHEN AND HOW


COMMITTED.
Rape is committed:
1) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
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 par. 1 hereof, shall
commit an act of sexual assault by inserting his

ELEMENTS UNDER PAR. 1 OF 266-A


(RAPE BY SEXUAL INTERCOURSE)
1. That the offender is a man;
2. That the offender had carnal
knowledge of a woman; and
3. That such act is accomplished under
any of the following circumstances:
a. By using force, threat or intimidation;
or
b. When the woman is deprived of
reason
or otherwise unconscious; or
c. By means of fraudulent machination
or grave
abuse of authority; or

ELEMENTS UNDER PAR. 2 OF 266-A


(RAPE BY SEXUAL ASSAULT)

1. That the offender commits an act of sexual


assault;
2. That the act of sexual assault is committed by
any of the following means:
a. By inserting his penis into another
persons mouth or anal orifice; or
b. By inserting any instrument or object into
the genital or anal orifice of another person.
3. That the act of sexual assault is
accomplished under any of the following

a. By using force, threat or intimidation; or


b. When the woman is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or grave
abuse of authority; or
d. When the offended party is under twelve (12)
years ofage or is demented

IMPORTANT POINTS
TO REMEMBER

PAR. 1: RAPE BY SEXUAL


INTERCOURSE
The contact of male penis with the womans
vagina is referred to as rape by sexual
intercourse.

There must be sexual intercourse.


People vs. Selfaison, et al.
Penetration, even partial, is necessary. The
slightest penetration is enough. Proof of
emission is not necessary.
People vs. Nula and People vs. Canastre
The absence of spermatozoa in the vagina does
not negative rape.

People vs. Navarro


Touching when applied to rape cases does not
simply mean mere epidermal contact, or
stroking or grazing of organs, a slight brush or
scrape of penis on the external layer of the
victims vagina, or the mons pubis as the case
may be. There must be SUFFICIENT AND
CONVINCING PROOF that the penis indeed
touched the labias or slid into the female organ,
and not merely stroked the external surface
thereof, for an accused to be convicted of
CONSUMMATED RAPE. Hence, the conclusion
that touching the labia majora or labia minora
of the pundendum constitutes consummated

Only one of the four


circumstances mentioned in
par.

1 is sufficient.

If force or intimidation is employed


by the offender, it is not necessary
that the woman is unconscious when
he had carnal knowledge of her.

2: RAPE BY SEXUAL ASSAULT


The sexual abuse under par. 2 is categorized as
PAR.

rape through sexual assault.

A violation of the body orifices by the


fingers is within the expanded
definition of rape under R.A.

8353

Obana vs. Hon. Soriano, et al.


Finger is included within the contemplation of
object in par.

of

266-A.

People vs. Soriano


The appellant is guilty of rape through
sexual assault when he inserted his
finger into the vagina of victim. Thus,
making an insertion of any instrument,
object, or any part of the human body
other than the sexual organ into the
genital or anus of another person is
rape and not merely acts of
lasciviousness.

BY USING FORCE AND


INTIMIDATION
Degree of force necessary to
constitute rape.
People vs. Lago
A verbal refusal alone will not do. There
must be a physical struggle on the part of
the victim, taxing her powers to the
utmost. Thus, mere initial resistance of
the offended part in rape cases is not the
manifest and tenacious resistance that
the law requires.

People vs. Momo


When the victim stated that she defended
herself against the accused as long as she
could, but he overpowered her and held her till
her strength gave out, and then accomplished
his vicious purpose, there is evidence of
sufficient force.

Force employed against the victim


of rape need not be of such
character as could be resisted.
It is enough that the force used is sufficient to
consummate the culprits purpose of
copulating with the offended woman.

Resistance when futile, does not


amount to consent
People vs. Las Pinas, Jr.
The TEST is whether the threat or intimidation
produces a
reasonable fear in the mind of the victim that if she
resists or does not yield to the desires of the
accused, the
threat would be carried out.
Where the resistance would be futile, offering none
at all does not amount to consent to sexual assault.
The law does not impose upon the victim the burden
of proving resistance.

Rape committed by employing


intimidation

MORAL ASCENDANCY OR
INFLUENCE HELD TO
SUBSTITUTE FOR THE
ELEMENT OF PHYSICAL FORCE
OR INTIMIDATION.
The court has applied this rule to
rapes committed by:
a. fathers against their daughters
b. stepfathers against their
stepdaughters
c. a godfather against his
goddaughter
d. uncles against their nieces
e. the first cousin of the victims
mother

When the offender in rape has an


ascendancy or influence over the girl,
it is not necessary that she put up a
determined resistance
People vs. Rinion
The kind of force, violence, threat or
intimidation as between father and daughter
need not be of such nature and degree as
would be required in other cases, for the
father in this instance exercises strong and
moral and physical influence and control over
his daughter.

OFFENDED PARTY
DEPRIVED OF REASON OR
OTHERWISE
UNCONSCIOUS
In the rape of a woman
deprived of reason or otherwise
unconscious, the victim has no
will.
The deprivation of reason
contemplated by law does not
need to be complete. Mental
abnormality or deficiency is
sufficient.

CONSUMMATED RAPE
For consummation of the crime of rape, it is
not essential that there be complete
penetration of the female organ; neither it is
essential that there be a rupture of hymen.
The slightest penetration of labia
consummates the crime of rape.
THERE IS NO CRIME OF FRUSTRATED
RAPE.
In the crime of rape, from the moment the
offender has carnal knowledge of his victim,
he actually attains his purpose and from that
moment also, all essential elements of the
offense have been accomplished. Thus, the

ATTEMPTED RAPE
Necessarily, rape is attempted if there is no
penetration of the female organ because not all acts
of execution was performed. The offender merely
commenced the commission of a felony directly by
overt acts.
Resignation to consummated act is not
consent.
Taking advantage of the fact that the woman was
asleep, the accused entered upon the commission of
the act. When prosecuted for rape, the accused
stated that the victim consented because when she
woke up she made no resistance. SC held that the
crime has already been consummated and the
offended partys final consent, after she realized the

STATUTORY RAPE: WHEN THE GIRL IS UNDER


12 YEARS OF AGE

Where the offended party is less than 12


years of age, rape is committed although
she consented to the sexual act. It is also
committed even if the girl under 12 years
old is a prostitute.
NOTE: The law does not consider the
consent voluntary, as the offended party
under 12 years of age cannot have a will of
her own.

CHARACTER OF THE OFFENDED WOMAN IS


IMMATERIAL IN RAPE (RAPE SHIELD RULE)
The fact that the offended party may have been
an unchaste character constitutes no defense in
the charge of rape, provided that the illicit
relations were committed force and violence, etc.
MULTIPLE RAPE BY

2 OR MORE OFFENDERS

People vs. Villa


Each of the four defendants who raped the victim,
having conspired with the others to rape her, is
responsible not only for the crime committed
personally by him by him, but also for those of
others, because each sexual intercourse was
consummated separately and independently from
that had by each of the others.