This document summarizes the key points of the Anti-Rape Law of 1997 (RA 8353) in the Philippines. It defines the different forms of rape, including rape through sexual intercourse and rape through sexual assault. It outlines the elements and circumstances of rape through sexual intercourse under Article 266-A. It also discusses innovations introduced by RA 8353, such as recognizing marital rape and allowing men to be victims. The document provides details on aggravating circumstances, exceptions, and doctrines from jurisprudence related to rape cases in the Philippines.

1. ANTI-RAPE LAW
of 1997
(R.A. No. 8353)

2. FORMS of RAPE:
a. RAPE through SEXUAL INTERCOURSE
 penile rape
 traditional rape
b. RAPE through SEXUAL ASSAULT
 gender-free rape
 instrument/object rape

3. RAPE through SEXUAL
INTERCOURSE)
Article 266-A, Paragraph 1
Rape is committed 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;
d. When offended party is under sixteen (16) years of age
or is demented.

4. RAPE through SEXUAL
INTERCOURSE)
Article 266-A, Paragraph 1
Rape is committed by a man who shall have
carnal knowledge of a woman under any of
the following circumstances:
a.Through force, threat, or intimidation
 “dahas” ,“pagbabanta” at “pananakot”
 “The force and intimidation is naturally a relative
term, depending on the age, size and strength of
the parties and their relation to each other.”

5. RAPE through SEXUAL
INTERCOURSE)
Article 266-A, Paragraph 1
 “dahas” “pagbabanta” at “pananakot”
 Moral ascendancy or influences exercised by the
accused over the victim substitutes for the
element of physical force or intimidation in case
of rape. ( People of the Philippines vs. Bazona,
G.R. No. 133343-44, March 2, 2000

6. RAPE through SEXUAL
INTERCOURSE)
Article 266-A, Paragraph 1
b. When the offended party is deprived of
reason or otherwise unconscious.
• The victim has no will
• Sexual intercourse with an insane woman,
feeble minded, mental abnormality or mental
deficiency
• an unconscious and extremely intoxicated
woman cannot freely and voluntarily give her
consent to engaging in sexual intercourse.

7. Article 266-A, Paragraph 1
c. By means of fraudulent machination or grave
abuse of authority.
 “panlilinlang”
d. When offended party is under sixteen (16)
years of age or is demented (as amended by Sec.
1 of RA 11648)
RAPE through SEXUAL
INTERCOURSE)

8. Article 266-A, Paragraph 1
d. When offended party is under sixteen (16) years of age or
is demented
A technical definition of the term "demented" as referring to a
person who has dementia, which is a condition of deteriorated
mentality, characterized by marked decline from the individual's
former intellectual level and often by emotional apathy, madness,
or insanity.
On the other hand, the phrase deprived of reason under
paragraph 1(b) has been interpreted to include those suffering
from mental abnormality, deficiency, or retardation.
Thus, a person, who was clinically diagnosed to be a mental
retardate, can be properly classified as a person who is
"deprived of reason," not one who is "demented."
RAPE through SEXUAL INTERCOURSE)

9. SALIENT FEATURES OF
REPUBLIC ACT NO. 11648
• Sexual intercourse with a victim who is under 16
years old is statutory rape;
• Raises age of sexual consent to16 years old (Sec.
1);
• When the victim is under 16 years of age, the
perpetrator shall be prosecuted for rape under the
Revised Penal Code, not Violation of RA 7610
(See Section 5 (b) of R.A. No. 7610, as amended
by Sec. 3 of RA 11648)

10. Article 266-A, Paragraph 2
Rape is committed by any person who, under any of the
circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault:
1. by inserting his penis into other person's mouth or anal
orifice, or
2. by inserting any instrument or object, into the genital or
anal orifice of another person.
RAPE through SEXUAL
ASSAULT)

11. Differentiation Rape through
SEXUAL
INTERCOURSE
Rape through SEXUAL ASSAULT
Offender always a man may be a man or a woman
Offended Party always a
woman
may be a man or a woman
RAPE: WHEN AND HOW
COMMITTED
(Comparison)

12. Differentiation Rape through
SEXUAL
INTERCOURSE
Rape through SEXUAL ASSAULT
Committed
Through
penile
penetration of
the vagina
inserting the penis into another
person’s mouth or anal orifice, or
any instrument or object into the
genital or anal orifice of another
person
Penalty Reclusion
Perpetua to
Death
Prision Mayor to Reclusion
Perpetua
RAPE: WHEN AND HOW
COMMITTED
(Comparison)

13. AGGRAVATING/
QUALIFYING
CIRCUMSTANCES
Death Penalty
• 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
• When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution;

14. AGGRAVATING/
QUALIFYING
CIRCUMSTANCES
Death Penalty
• When the rape is committed in full view of the
spouse, parent, any of the children or other
relatives within the third civil degree of
consanguinity
• 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

15. AGGRAVATING/
QUALIFYING
CIRCUMSTANCES
Death Penalty
• When the victim is a child below seven (7)
years old
• When the offender knows that he is afflicted
with the Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually
transmissible disease and the virus or
disease is transmitted to the victim;

16. AGGRAVATING/
QUALIFYING
CICUMSTANCES
Death Penalty
• When committed by any member of the Armed
Forces of the Philippines or 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;
• When by reason or on the occasion of the rape,
the victim has suffered permanent physical
mutilation or disability;

17. AGGRAVATING/
QUALIFYING
CIRCUMSTANCES
Death Penalty
• When the offender knew of the pregnancy of the
offended party at the time of the commission of
the crime; and
• 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 the crime.

18. AGGRAVATING/
QUALIFYING
CIRCUMSTANCES
Death Penalty
• Use of a deadly weapon
• Rape by two or more persons
• The victim has become insane
• A homicide is committed

19. INNOVATIONS
UNDER RA 8353
Rape shall
hereafter be
classified as a
Crime against
Persons.

20. Marital rape is impliedly
recognized. Rape
committed against the
wife, also known as
“marital rape”, is impliedly
acknowledged under the
new law.
INNOVATIONS
UNDER RA 8353

21. INNOVATIONS
UNDER RA 8353
Rape may now be committed against
a man.
A woman may now be charged of
raping another woman.
Rape now includes acts other than
penile penetration of the vaginal
orifice.

22. EXCEPTIONS
The subsequent valid
marriage between the
offender and the offended
party shall extinguish the
criminal action or the penalty
imposed.

23. SCENARIO
Santos raped Maria. Seeing what a scandal it
can bring to their family, Maria’s parents
arranged her marriage with Santos. Maria was
reluctant but her parents prevailed. She and
Santos got married in a lavish ceremony
attended by many visitors.
Did the marriage extinguish the criminal liability
of Santos?

24. EXCEPTIONS
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.

25. EXCEPTIONS:
STATUTORY RAPE
Age gap is not
more than 3
The act is
non-abusive
Offended party is
aged 13 to 16
The act is
consensual
The act is non-
exploitative

26. DOCTRINES FROM JURISPRUDENCE
• Sexual intercourse, albeit within the realm of
marriage, if not consensual, is rape. (People vs
Jumawan, G.R. No. 187495, 21 April 2014)
• A prostituted person may also be a victim of rape.
(People v. Espino, Jr., G.R. NO. 176742, 17 June
2008; People vs Penilla, G.R. No. 189324, 20 March
2014)
• When threat, intimidation and fear are employed,
there is no need to establish physical resistance. In
rape committed by a father against his daughter, the
father’s moral ascendancy and influence over the
latter substitute for violence and intimidation. (People
vs. Palgan, G.R. No. 186234 December 21, 2009)

27. DOCTRINES FROM JURISPRUDENCE
Even the existence of an illicit affair between the
accused and the victim does not, on its own, rule out
rape if consent was not present. (People vs Saysot-
Cias, G.R. No. 194379, 01 June 2011)
The date is not an essential element of the crime of
rape, for the gravamen of the offense is carnal
knowledge of a woman. As such, the time or place of
commission in rape cases need not be accurately
stated. (People v. Cinco, G.R. No. 186460 December
4, 2009)

28. DOCTRINES FROM JURISPRUDENCE
• Delay in reporting the incident to the police does
not affect the truthfulness of the charge in the
absence of other circumstances that show the
same to be mere concoction or impelled by
some ill motive (People v. Tulagan, G.R. No.
227363, March 12, 2019)
• Physical resistance need not be established in
rape when threats and intimidation are employed
and the victim submits herself to the embrace of
her rapist because of fear. (People vs. Ruben
Corpuz, G.R. No. 175836 January 30, 2009)

29. DOCTRINES FROM JURISPRUDENCE
• Even if it were true that they were sweethearts, a
love affair does not justify rape. A man does not
have the unbridled license to subject his beloved
to his carnal desires. (People v. Baldo, G.R. No.
175238 February 24, 2009)

30. In prosecutions for rape,
evidence of
complainant's past
sexual conduct, opinion
thereof or of his/her
reputation shall not be
admitted unless, and
only to the extent that the
court finds, that such
evidence is material and
relevant to the case (Sec.
6, RA 8505)

31. Thank you!