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Art. 266. Slight physical injuries and maltreatment.

The 2) By any person who, under any of the circumstances mentioned


crime of slight physical injuries shall be punished: in paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice,
1. By arresto menor when the offender has inflicted physical or any instrument or object, into the genital or anal orifice of
injuries which shall incapacitate the offended party for labor another person. (Republic Act No. 8353 which took effect on
from one to nine days, or shall require medical attendance October 22, 1997)
during the same period.
Paragraph 1 Paragraph 2
2. By arresto menor or a fine not exceeding 20 pesos and censure AKA Rape by sexual Rape through sexual
when the offender has caused physical injuries which do not intercourse assault
prevent the offended party from engaging in his habitual work Who can Male or female (RA Male or female (RA 8353)
nor require medical assistance. commit 8353)
Elements 1. Offender is a man; 1. Offender commits an
3. By arresto menor in its minimum period or a fine not exceeding 2. Offender had carnal act of sexual assault;
50 pesos when the offender shall ill-treat another by deed knowledge of a 2. Act of sexual assault is
without causing any injury. woman; committed by any of
3. Act is accomplished the following means:
3 Kinds of Slight Physical Injuries: under any of the a. By inserting his
1. Physical injuries which shall incapacitate the offended following penis into
party for labor from one to nine days, or shall require circumstances: another persons
medical attendance during the same period. a. Force or mouth or anal
2. Physical injuries which do not prevent the offended party intimidation; orifice; or
from engaging in his habitual work nor require medical or b. By inserting any
assistance. b. Woman is instrument or
3. Ill-treatment of another by deed without causing any deprived of object into the
injury. reason or genital or anal
otherwise orifice of another
When there is no evidence of actual injury, it is only slight unconscious; person;
physical injuries. or 3. Act of sexual assault it
c. Fraudulent accomplished under
Article 266-A. Rape; When And How Committed. Rape is machination any of the following
Committed or grave circumstances:
abuse of a. Force or
1.) By a man who shall have carnal knowledge of a woman under authority; or intimidation; or
any of the following circumstances: d. Woman is b. Woman is
a.) Through force, threat, or intimidation; under 12 deprived of
b.) When the offended party is deprived of reason or years of age reason or
otherwise unconscious; or demented otherwise
c.) By means of fraudulent machination or grave abuse of unconscious; or
authority; and c. Fraudulent
d.) When the offended party is under twelve (12) years of machination or
age or is demented, even though none of the grave abuse of
circumstances mentioned above be present. authority;
d. Woman is under
12 years of age she resists or does not yieald to the desires of the
or demented. accused, the threat would be carried out.
How Penetration of the labia Intimidation includes the moral kind, such as fear
consumma (majora or minora) caused by threatening the victim with a knife or a
ted pistol.
Notes Rape by sexual A violation of the body Moral ascendancy or influence1 exercised by the
intercourse refers to orifices by the fingers is accused over the victim substitutes for the element
contact of the male within the expanded of physical force or intimidation.
penis with the definition of rape under
womans vagina RA 8353. b. Woman is deprived of reason or otherwise
unconscious; or
Complete penetration Insertion of any If woman is deprived of reason or unconscious, she
of the female organ or instrument, objet, or any has no will and therefore cannot consent.
rupture of the hymen part of the human body Cohabitation with an insane, feebleminded, or
not essential for rape other than the sexual idiotic woman is rape.
to be consummated. organ into the genital or If consent is induced by drugs or liquor, which
anus of another person is icnites the victims passions but does not deprive
Proof of emission is rape, and not merely acts her of her willpower, there is no rape.
not necessary. of lasciviousness or c. Fraudulent machination or grave abuse of
Absence of sexual assault. authority;
spermatozoa in the d. Woman is under 12 years of age or demented.
vagina does not If the offended party is below 12 years old, rape is
negative rape. consummated even though she consented.
The law does not consider this kind of consent
Even if accused failed voluntary, as the victim below 12 years old cannot
to achieve erection or have a will of her own.
had an oversized
penis which could not There is no crime of frustrated rape.
fit to victims vagina, Rape is attempted if there is no penetration of the female
RAPE IS STILL organ because all acts of execution are not performed.
CONSUMMATED, Character of the victim is immaterial in rape.
provided that accused
repeatedly tried to Article 266-B. Penalties Rape under paragraph 1 of the next
insert his penis into preceding article shall be punished by reclusion perpetua.
the victims vagina.
Whenever the rape is committed with the use of a deadly weapon
Circumstances by which Rape by Sexual Intercourse or or by two or more persons, the penalty shall be reclusion perpetua
Rape through Sexual Assault may be Accomplished: to death.

a. Force or intimidation; or When by reason or on the occasion of the rape, the victim has
Force need not be irresistible. It need not be become insane, the penalty shall be reclusion perpetua to death.
present, so long as it brings the desired result.
TEST: Whether the threat or intimidation produces
a reasonable fear in the mind of the victim that if
1
If offender is a family member or a relative.
When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion When by reason or on the occasion of the rape, the victim has
perpetua to death. become insane, the penalty shall be reclusion temporal.

When by reason or on the occasion of the rape, homicide is When the rape is attempted and a homicide is committed by
committed, the penalty shall be death. reason or on the occasion thereof, the penalty shall be reclusion
temporal to reclusion perpetua.
The death penalty shall also be imposed if the crime of rape is
committed with any of the following aggravating/qualifying When by reason or on the occasion of the rape, homicide is
circumstances: committed, the penalty shall be reclusion perpetua.
1.) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative Reclusion temporal shall also be imposed if the rape is committed
by consanguinity or affinity within the third civil degree, or the with any of the ten aggravating/qualifying circumstances
common-law spouse of the parent of the victim; mentioned in this article. (Republic Act No. 8353)
2.) When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution: If rape is committed by two or more offenders: Each offender
3.) When the rape is committed in full view of the spouse, parent, will suffer as many sentences as the persons he had conspired
any of the children or other relatives within the third civil with to commit the rape.
degree of consanguinity;
4.) When the victim is a religious engaged in legitimate religious When rape is punished by death2:
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime; 1. When by reason or on occasion of the rape, a homicide is
5.) When the victim is a child below seven (7) years old; committed.
6.) When the offender knows that he is afflicted with Human 2. When the victim is under eighteen (18) years of age and
Immuno-Deficiency Virus (HIV/Acquired Immune Deficiency the offender is a parent, ascendant, step-parent,
Syndrome (AIDS) or any other sexually transmissible disease guardian, relative by consanguinity or affinity within the
and the virus or disease is transmitted to the victim; third civil degree, or the common-law spouse of the
7.) When committed by any member of the Armed Forces of the parent of the victim;
Philippines or para-military units thereof or the Philippine 3. When the victim is under the custody of the police or
National Police or any law enforcement agency or penal military authorities or any law enforcement or penal
institution, when the offender took advantage of his position to institution:
facilitate the commission of the crime; 4. When the rape is committed in full view of the spouse,
8.) When by reason or on the occasion of the rape, the victim has parent, any of the children or other relatives within the
suffered permanent physical mutilation or disability; third civil degree of consanguinity;
9.) When the offender knew of the pregnancy of the offended party 5. When the victim is a religious engaged in legitimate
at the time of the commission of the crime; and religious vocation or calling and is personally known to be
10.) When the offender knew of the mental disability emotional such by the offender before or at the time of the
disorder and/or physical handicap of the offended party at the commission of the crime;
time of the commission of the crime. 6. When the victim is a child below seven (7) years old;
7. When the offender knows that he is afflicted with Human
Rape under paragraph 2 of the next preceding article shall be Immuno-Deficiency Virus (HIV/Acquired Immune Deficiency
punished by prision mayor. Syndrome (AIDS) or any other sexually transmissible

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 2
Penalty is now reclusion perpetua without eligibility for parole, pursuant to RA
reclusion temporal. 9346 which prohibits imposition of death penalty.
disease and the virus or disease is transmitted to the criminal action or the penalty: Provided, That the crime shall not be
victim; extinguished or the penalty shall not be abated if the marriage is
8. When committed by any member of the Armed Forces of the void ab initio. (Republic Act No. 8353)
Philippines or para-military units thereof or the Philippine
National Police or any law enforcement agency or penal Effects of Marriage:
institution, when the offender took advantage of his Extinguishes not only the penal action but also the penalty.
position to facilitate the commission of the crime; Extinguishes only penal action and penalty as to the
9. When by reason or on the occasion of the rape, the victim principal and not to his accomplices or accessories.
has suffered permanent physical mutilation or IN MULTIPLE RAPE: Marriage extinguishes princiapals
disability; criminal liability, BUT HE IS STILL LIABLE for the rape
10.When the offender knew of the pregnancy of the offended committed by the others of which he is co-principal.
party at the time of the commission of the crime; and RA 8353 abolished the doctrine that the husband cannot be
11.When the offender knew of the mental disability guilty of rape of his wife because of matrimonial consent. RA
emotional disorder and/or physical handicap of the offended 8353 expressly states under par. 2 of Section 266-C that a
party at the time of the commission of the crime. husband can be guilty of rape of his wife (In case it is the legal
husband who is the offender)
Penalty IF HUSBAND IS THE OFFENDER: forgiveness by the victim-wife
Paragraph 1 Parangraph 2 extinguishes his criminal liability.
Rape committed
under any of the 4 Reclusion Perpetua Prision Mayor
Article 266-D. Presumptions Any physical overt act
circumstances
manifesting resistance against the act of rape in any degree from
Rape committed the offended party, or where the offended party is so situated as to
with use of deadly Reclusion Perpetua Prision Mayor to render her/him incapable of giving valid consent, may be accepted
weapon or by two to Death Reclusion Perpetua as evidence in the prosecution of the acts punished under Article
or more persons 266-A. (Republic Act No. 8353)
Rape where victim Reclusion Perpetua
Reclusion Temporal
becomes insane to Death
Evidence that may be accepted in the prosecution of
Attempted rape Reclusion Temporal
Reclusion Perpetua rape:
and homicide is to Reclusion
to Death 1. Any physical overt act manifesting resistance
committed Perpetua
2. Offended party is so situated as to render him/her
Rape with incapable of giving consent.
Death Reclusion Perpetua
homicide
Rape with
aggravating/qualif
Death Reclusion Perpetua
ying
circumstances

Article 266-C. Effect of Pardon The subsequent valid


marriage between the offender and 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