Art 266 – A: RAPE

TWO MODES OF COMMITING RAPE

1. THRU SEXUAL INTERCOURSE

2.THRU SEXUAL ASSAULT

Art 266 – A: RAPE
 PARAGRAPH 1 COMITTED THRU SEXUAL INTERCOURSE

 1.OFFENDER IS A MAN
 2.OFFENDER HAD CARNAL KNOWLEDGE
 3.SUCH ACT IS ACCOMPLISHED UNDER OF THE F.F CIRCUMSTANCES
 A.BY USING FORCE OR INTIMIDATION OR
 B. WHEN THE WOMAN IS DEPRIVES OF REASON OR OTHERWISE
UNCONSCIOUS
 C. BY MEANS OF FRAUDELENT MACHINATION OR GRAVE ABUSE OF AUTHORITY.
 D. WHEN THE WOMAN IS UNDER 12YRS OF AGE OR DEMENTED
Art 266 – A: RAPE
 PARAGRAPH 2 COMITTED THRU SEXUAL ASSAULT

 1.OFFENDER COMMITS AN ACT OF SEXUAL ASSAULT

 THAT THE ACT OF SEXUAL ASSAULT IS COMMITED BY ANY OF THE FOLLOWING
MEANS:
 A. BY NSERTING HIS PENIS INTO ANOTHER PERSON’S MOUTH OR ANAL ORIFICE
 B. BY INSERTING ANY INSTRUMENT OR OBJECT INTO THE GENITAL OR ANAL
ORIFICE OF ANOTHER PERSON
 3. THAT THE SEXUAL ACT IS ACCOMPLISHED UNDER THE CIRCUMSTANCES
MENTIONED IN PAR. 1
 266-B PENALTIES OF RAPE

PARAGRAPH 1- RECLUSION PERPETUA TO

DEATH

 PARAGRAPH 2- PRISION MAYOR TO

RECLUSION TEMPORAL
 QUALIFYING CIRCUMSTANCES
 266-C :EFFECT OF PARDON
 1. SUBSEQUENT VALID MARRIAGE BETWEEN THE OFFENDER AND THE
OFFENDED PARTY SHALL EXTINGUISH THE CRIMINAL ACTION OR THE PENALTY
IMPOSED.

 2. IN CASE IT IS THE LEGAL HUSBAND WHO IS THE OFFENDER, THE SUBSEQUENT

FORGIVENESS BY THE WIFE AS THE OFFENDED PARTY SHALL EXTINGUISH THE
CRIINAL ACTION OR THE PENALTY
 266-D PRESUMPTIONS

 1. ANY PHYSICAL OVERT ACT MANIFESTING RESISTANCE AGAINST THE ACT OF

RAPE IN ANY DEGREE FROM THE OFFENDED PARTY OR

 2. WHEN THE OFFENDED PARTY IS SO SITUATED AS TO RENDER HIM/HER

INCAPABLE OF GIVING CONSENT