For there to be rape, according to Philippine jurisprudence, there has to be actual penetration of the man’s penis into the woman’s vagina, whether complete or incomplete. The general rule was that rape was punished by reclusion perpetua (life imprisonment). The penalty may become death only under certain circumstances:
Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death…
Death penalty was automatically imposed:
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.
Under R.A. 8353 or the Antirape Law of 1997 :
“Article 266-A. Rape: When And How Committed. - Rape is committed:
“1) 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.
“2) 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.
Underscored portions are the innovations introduced by R.A. 8353. Paragraph 2 is actually sexual assault; the penalty is lower.
The circumstances when death becomes the imposable penalty under Art. 335 of the Revised Penal Code was amended by R.A. 8353. When the rape is attended by homicide, whether attempted, frustrated or cosummated, the penalty was lowered (from an automatic death penalty) to reclusion perpetua to death. The circumstances when death automatically becomes the imposable penalty were increased:
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Courtney Maynard 12.05.07 at 1:35 am
Thanks this really helped a lot.