Submitted by: Submitted to:
Mark Kevin G. Sambitan Sir Mark Christian Almazan
BSED-3E Social Studies Law Related Studies
RAPE
Definition:
1. Rape Through Sexual Intercourse. Rape is the non-consensual insertion of the
private organ of a male into the private organ of a female.
2. Rape Through Sexual Assault. Rape is the non-consensual insertion of a man’s penis
into another person’s mouth or anal orifice or by non-consensual or non-consensual
insertion of any objects or instrument into the genital or anal orifice of another person.
EXEMPTIONS UNDER R.A. NO. 11648
There is no criminal liability for a person who engages in sexual activity with another
person under 16 years of age if:
The age difference between the two parties is not more than three years.
The sexual act is proven to be consensual, non-abusive, and non-exploitative.
This exception does not apply if the victim is under 13 years of age.
Elements:
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 the offended party is under 16 years of age or is demented, even though none of
the circumstances mentioned above be present (statutory rape).
Penalties:
Reclusion Perpetua without Parole
CIRCUMSTANCES:
“Whenever the rape is committed with the use of a deadly weapon or by two or more
persons”
“When by reason or on the occasion of the rape, the victim has become insane”
“When the rape is attempted and a homicide is committed by reason or on the
occasion thereof”
“When by reason or on the occasion of the rape, homicide is committed.”
Death Penalty
AGGRAVATING 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 Human ImmunoDeficiency 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
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
TAKE NOTE:
Since the “Death Penalty” was abolished in 2006 during the time of former President
Gloria Macapagal Arroyo, the penalty for rape committed under the abovementioned
aggravating circumstances was reduced to “reclusion perpetua without parole”.
Marital Rape= Reclusion Perpetua
“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.”
Penalty for Rape against Males
Rape against males is only considered by law as rape by sexual assault, which carries
a lesser penalty of 6 to 12 years.
TAKE NOTE!
Under Republic Act No. 8353, the statute of limitations for filing a rape complaint is
20 years from the date of the commission of the crime.
Rape is reclassified as a crime against persons and allows any person, not just the
victim, to file a complaint on behalf of the victim, emphasizing that rape is a public
offense rather than a private one.
The prosecution can continue even if the victim decides to withdraw their complaint
or pardon the offender.
SAMPLE CASE DIGEST
Case Title:
People of the Philippines (Plaintiff-Appellee) vs. Edgar Jumawan (Accused-Appellant)
G.R. No. 187495. April 21, 2014
REYES, J.
Facts:
Edgar Jumawan was convicted of two counts of rape against his wife, KKK.
The couple married on October 18, 1975, and had four children.
They lived in Cagayan de Oro City and managed several businesses together.
On February 19, 1999, KKK filed a Complaint-Affidavit alleging rape on December
3, 1998, and physical assault on December 12, 1998.
The City Prosecutor found probable cause for grave threats, less serious physical
injuries, and rape, leading to the filing of two Informations for rape on July 16, 1999.
The incidents were later amended to have occurred on October 16 and 17, 1998.
The RTC of Cagayan de Oro City convicted Jumawan of two counts of rape and
sentenced him to reclusion perpetua for each count.
The CA affirmed the RTC's decision on July 9, 2008.
The case was brought to the Supreme Court for automatic review.
Issue:
Whether the evidence presented was sufficient to convict Jumawan of rape,
considering the defenses of marital consent and alibi.
Ruling:
The Supreme Court affirmed the conviction, emphasizing that marital rape is a crime
and that consent cannot be presumed in a marriage.
The Court highlighted that a husband does not have ownership over his wife's body
and that sexual intercourse without consent constitutes rape, regardless of the marital
relationship.
The testimonies of KKK and her daughters were deemed credible and consistent,
establishing the absence of consent.
The Court also noted that the lack of physical resistance or medical evidence does not
negate the occurrence of rape.
The ruling reinforced that marital rape is recognized under Philippine law, specifically
under the Anti-Rape Law of 1997 (R.A. No. 8353), which criminalizes non-
consensual sexual acts regardless of the relationship between the parties involved.
The Court upheld the trial court's assessment of the credibility of the victim and her
daughters, stating that their testimonies were spontaneous and credible, which is
crucial in rape cases.
REFERENCES
R.A. 8353. (n.d.-a).
https://lawphil.net/statutes/repacts/ra1997/ra_8353_1997.html
Republic act 8353. (n.d.). https://www.ombudsman.gov.ph/GAD/Laws%20and
%20Mandates/republic_act_8353.pdf
Republic act no. 11648. (n.d.).
https://lawphil.net/statutes/repacts/ra2022/ra_11648_2022.html
