REPUBLIC ACT 8353
"THE ANTI-RAPE LAW OF 1997."
R.A 8353 SEPTEMBER 30, 1997
AN ACT EXPANDING THE DEFINITION OF THE CRIME
OF RAPE, RECLASSIFYING THE SAME AS A CRIME
AGAINST PERSONS, AMENDING FOR THE PURPOSE
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE, AND FOR OTHER
PURPOSES
• RAPE AS A CRIME AGAINST PERSONS. - THE CRIME OF RAPE SHALL HEREAFTER BE
CLASSIFIED AS A CRIME AGAINST PERSONS UNDER TITLE EIGHT OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE. ACCORDINGLY, THERE
SHALL BE INCORPORATED INTO TITLE EIGHT OF THE SAME CODE A NEW CHAPTER TO BE
KNOWN AS CHAPTER THREE ON RAPE.
RAPE: WHEN AND HOW COMMITTED. - 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; 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.
• BY ANY PERSON WHO, UNDER ANY OF THE CIRCUMSTANCES MENTIONED IN PARAGRAPH 1
HEREOF, SHALL COMMIT AN ACT OF SEXUAL ASSAULT BY INSERTING HIS PENIS INTO
ANOTHER PERSON'S MOUTH OR ANAL ORIFICE, OR ANY INSTRUMENT OR OBJECT, INTO THE
GENITAL OR ANAL ORIFICE OF ANOTHER PERSON.
• PENALTY. - RAPE UNDER PARAGRAPH 1 OF THE NEXT PRECEDING ARTICLE SHALL BE
PUNISHED BY RECLUSION PERPETUA.
• "WHENEVER THE RAPE IS COMMITTED WITH THE USE OF A DEADLY WEAPON OR BY TWO OR
MORE PERSONS, THE PENALTY SHALL BE RECLUSION PERPETUA TO DEATH.
• "WHEN BY REASON OR ON THE OCCASION OF THE RAPE, THE VICTIM HAS BECOME INSANE,
THE PENALTY SHALL BECOME RECLUSION PERPETUA TO DEATH.
• "WHEN THE RAPE IS ATTEMPTED AND A HOMICIDE IS COMMITTED BY REASON OR ON THE
OCCASION THEREOF, THE PENALTY SHALL BE RECLUSION PERPETUA TO DEATH.
• "WHEN BY REASON OR ON THE OCCASION OFTHE RAPE, HOMICIDE IS COMMITTED, THE
PENALTY SHALL BE DEATH.
• "THE DEATH PENALTY SHALL ALSO BE IMPOSED IF THE CRIME OF RAPE IS COMMITTED WITH
ANY OF THE FOLLOWING AGGRAVATING/QUALIFYING CIRCUMSTANCES:
• 1. 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;
• 2. WHEN THE VICTIM IS UNDER THE CUSTODY OF THE POLICE OR MILITARY AUTHORITIES OR ANY LAW ENFORCEMENT OR
PENAL INSTITUTION;
• 3. 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;
• 4. 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;
• 5. WHEN THE VICTIM IS A CHILD BELOW SEVEN (7) YEARS OLD;
• 6. 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;
• 7. 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;
• 8. WHEN BY REASON OR ON THE OCCASION OF THE RAPE, THE VICTIM HAS SUFFERED PERMANENT PHYSICAL MUTILATION OR
DISABILITY;
• 9. WHEN THE OFFENDER KNEW OF THE PREGNANCY OF THE OFFENDED PARTY AT THE TIME OF THE COMMISSION OF THE CRIME;
AND
• 10. 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.
RAPE UNDER PARAGRAPH 2 OF THE NEXT PRECEDING ARTICLE SHALL BE PUNISHED BY PRISION MAYOR
• "WHENEVER THE RAPE IS COMMITTED WITH THE USE OF A DEADLY WEAPON OR BY TWO OR MORE
PERSONS, THE PENALTY SHALL BE PRISION MAYOR TO RECLUSION TEMPORAL.
• "WHEN BY REASON OR ON THE OCCASION OF THE RAPE, THE VICTIM HAS BECOME INSANE, THE PENALTY
SHALL BE RECLUSION TEMPORAL.
• "WHEN THE RAPE IS ATTEMPTED AND A HOMICIDE IS COMMITTED BY REASON OR ON THE OCCASION
THEREOF, THE PENALTY SHALL BE RECLUSION TEMPORAL TO RECLUSION PERPETUA.
• "WHEN BY REASON OR ON THE OCCASION OFTHE RAPE, HOMICIDE IS COMMITTED, THE PENALTY SHALL
BE RECLUSION PERPETUA.
• "RECLUSION TEMPORAL SHALL BE IMPOSED IF THE RAPE IS COMMITTED WITH ANY OF THE TEN
AGGRAVATING/ QUALIFYING CIRCUMSTANCES MENTIONED IN THIS ARTICLE.
• "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 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.
• RECLUSION PERPETUA- IMPRISONMENT FROM 20 TO 40 YEARS IS IMPOSED ON
THE OFFENDER IF RAPE IS COMMITTED THROUGH SEXUAL INTERCOURSE.
• PRISION MAYOR- IMPRISONMENT FROM 6 TO 12 YEARS IS IMPOSED ON THE
OFFENDER IF RAPE WAS COMMITTED THROUGH ORAL OR ANAL SEX OR
THROUGH THE USE OF ANY OBJECT OR INSTRUMENT THAT WAS INSERTED INTO
THE MOUTH OR ANAL ORIFICE OF THE WOMAN OR A MAN.
THIS MAY ALSO BE ELEVATED TO RECLUSION TEMPORAL (IMPRISONMENT FROM 12
TO 20 YEARS) OR RECLUSION PERPETUA DEPENDING ON THE CERCUMSTANCES
SURROUNDING THE CRIME.
THANKYOU
AND
GODBLESS