TITLE VIII: CHAPTER III:

RAPE
(R.A. 8353 )
Arts. 266-A -266- D of the Revised
Penal Code
SALIENT FEATURES OF
R. A. 8353
 ART. 335 of the RPC R.A. 8353
AS TO CLASSIFICATION OF RAPE:

• Rape is classified in Book • An Act expanding the definition of

2 Title 11 Crimes Against the crime of rape and reclassifying
Chastity it as a Crime Against Persons by
Chapter 2 Rape and Acts amending the Revised Penal Code
of Lasciviousness or “The Anti- Rape Law of 1997”

• It took effect on October 22, 1997

• It classifies rape as a CRIME

AGAINST PERSONS under Title 8
of the RPC and incorporated into
Title 8 is a new chapter to be
known as Chapter 3 on Rape. It
makes rape as a PUBLIC CRIME.
ART. 335 of the RPC R.A. 8353

AS TO WHO CAN COMMIT AND AGAINST

WHOM RAPE MAY BE COMMITTED:

Male against female Male or Female against a male or

female
 ART. 335 of the RPC R.A. 8353
AS TO PENALTY:
Punishment for rape: reclusion Punishment for rape: reclusion
perpetua. perpetua.

When committed with the use of a When committed with the use of a
deadly weapon or by two or more deadly weapon or by two or more
persons: reclusion perpetua to persons: reclusion perpetua to death.
death.
When the victim has become insane:
When the victim has become RECLUSION PERPETUA TO DEATH.
insane: death.

When the rape is attempted or When THE RAPE IS ATTEMPTED

frustrated and a homicide is AND A HOMICIDE IS COMMITTED:
committed: death. RECLUSION PERPETUA TO DEATH.

When rape with homicide is When rape with homicide is

committed: death committed: death
ART. 335 OF THE RPC R.A. 8353
AS TO PENALTY:

• DEATH PENALTY is imposed

if the crime of rape is
committed with any of the ten
aggravating and qualifying
circumstances in Art. 266-B. It
makes rape a HEINOUS
CRIME.

• Penalty for Anal and Oral

Rape is included.
 ART. 335 OF THE RPC R.A. 8353
AS TO WHEN AND HOW RAPE IS COMMITED:
Rape is commited by having carnal • Circumstances same as the old law
knowledge of a woman under any with the FOLLOWING
of the following: ELEMENTS ADDED:

 By using force or intimidation  use of threat

 When the woman is deprived
of reason or unconscious
 When the woman is under
twelve years of age, even
without force or intimidation
or even if she is not
unconscious
 by means of fraudulent
machination or grave
abuse of authority
 if the offended party is
demented

• Definition of rape was also

expanded to include oral and
anal rape. (SEXUAL ASSAULT)
ART. 335 OF THE RPC R.A. 8353

OTHER SALIENT FEATURES:

• There is a provision on the effect of

pardon of the offended party under
Art. 266-C

• There is a provision on presumptions

under Art. 266- D

• It makes marital rape punishable.

• “Rape shield rule” is also included.

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 par. 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.
 ELEMENTS UNDER PAR. 1 OF 266-A
(RAPE BY SEXUAL INTERCOURSE)
1. That the offender is a man;
2. That the offender had carnal knowledge of a
woman; and
3. That such act is accomplished under any of
the following circumstances:
a. By using force, threat or intimidation; or
b. When the woman is deprived of reason
or otherwise unconscious; or
c. By means of fraudulent machination or grave
abuse of authority; or
d. When the offended party is under twelve (12)
years of age or is demented
 ELEMENTS UNDER PAR. 2 OF 266-A
(RAPE BY SEXUAL ASSAULT)

1. That the offender commits an act of sexual assault;

2. That the act of sexual assault is committed by any of

the following means:

a. By inserting his penis into another person’s

mouth or anal orifice; or
b. By inserting any instrument or object into the
genital or anal orifice of another person.

3. That the act of sexual assault is accomplished

under any of the following circumstances:
 a. By using force, threat or intimidation; or
b. When the woman is deprived of reason or otherwise
unconscious; or
c. By means of fraudulent machination or grave abuse
of authority; or
d. When the offended party is under twelve (12) years
of age or is demented
IMPORTANT POINTS TO
REMEMBER
• PAR. 1: RAPE BY SEXUAL INTERCOURSE
The contact of male penis with the woman’s vagina is
referred to as “rape by sexual intercourse.”

There must be sexual intercourse.

People vs. Selfaison, et al.
Penetration, even partial, is necessary. The slightest
penetration is enough. Proof of emission is not
necessary.
People vs. Nula and People vs. Canastre
The absence of spermatozoa in the vagina does not
negative rape.
 People vs. Navarro
Touching when applied to rape cases does not simply
mean mere epidermal contact, or stroking or grazing of
organs, a slight brush or scrape of penis on the
external layer of the victim’s vagina, or the mons pubis
as the case may be. There must be SUFFICIENT AND
CONVINCING PROOF that the penis indeed touched
the labias or slid into the female organ, and not merely
stroked the external surface thereof, for an accused to
be convicted of CONSUMMATED RAPE. Hence, the
conclusion that touching the labia majora or labia
minora of the pundendum constitutes consummated
rape.
Only one of the four circumstances
mentioned in par. 1 is sufficient.

If force or intimidation is employed by

the offender, it is not necessary that the
woman is unconscious when he had
carnal knowledge of her.
 • PAR. 2: RAPE BY SEXUAL ASSAULT
The sexual abuse under par. 2 is categorized as “rape
through sexual assault.”

A violation of the body orifices by the fingers is

within the expanded definition of rape under
R.A. 8353
Obana vs. Hon. Soriano, et al.
Finger is included within the contemplation of “object” in
par. 2 of 266-A.
 People vs. Soriano
The appellant is guilty of rape through
sexual assault when he inserted his finger
into the vagina of victim. Thus, making an
insertion of any instrument, object, or any
part of the human body other than the
sexual organ into the genital or anus of
another person is rape and not merely acts
of lasciviousness.
• BY USING FORCE AND INTIMIDATION
Degree of force necessary to constitute
rape.
People vs. Lago
A verbal refusal alone will not do. There must
be a physical struggle on the part of the victim,
taxing her powers to the utmost. Thus, mere
initial resistance of the offended part in rape
cases is not the manifest and tenacious
resistance that the law requires.
 People vs. Momo
When the victim stated that she defended herself
against the accused as long as she could, but he
overpowered her and held her till her strength gave
out, and then accomplished his vicious purpose,
there is evidence of sufficient force.

Force employed against the victim of

rape need not be of such character as
could be resisted.

It is enough that the force used is sufficient to

consummate the culprit’s purpose of copulating
with the offended woman.
 Resistance when futile, does not amount to
consent
People vs. Las Pinas, Jr.
The TEST is whether the threat or intimidation produces a
reasonable fear in the mind of the victim that if she
resists or does not yield to the desires of the accused, the
threat would be carried out.
Where the resistance would be futile, offering none at all
does not amount to consent to sexual assault. The law does
not impose upon the victim the burden of proving resistance.
Rape committed by employing intimidation
Intimidation must be viewed in the light of the victim’s
perception or judgement and not by any hard fast rule.
 • MORAL ASCENDANCY OR
INFLUENCE HELD TO
SUBSTITUTE FOR THE ELEMENT
OF PHYSICAL FORCE OR
INTIMIDATION.
The court has applied this rule to
rapes committed by:
a. fathers against their daughters
b. stepfathers against their
stepdaughters
c. a godfather against his
goddaughter
d. uncles against their nieces
e. the first cousin of the victim’s
 When the offender in rape has an ascendancy
or influence over the girl, it is not necessary
that she put up a determined resistance

People vs. Rinion

The kind of force, violence, threat or intimidation as
between father and daughter need not be of such
nature and degree as would be required in other
cases, for the father in this instance exercises strong
and moral and physical influence and control over
his daughter.
• OFFENDED PARTY DEPRIVED
OF REASON OR OTHERWISE
UNCONSCIOUS
In the rape of a woman deprived of
reason or otherwise unconscious,
the victim has no will.

The deprivation of reason

contemplated by law does not need
to be complete. Mental abnormality
or deficiency is sufficient.

.
 • CONSUMMATED RAPE
For consummation of the crime of rape, it is not
essential that there be complete penetration of the
female organ; neither it is essential that there be a
rupture of hymen. The slightest penetration of labia
consummates the crime of rape.

• THERE IS NO CRIME OF FRUSTRATED RAPE.

In the crime of rape, from the moment the offender
has carnal knowledge of his victim, he actually
attains his purpose and from that moment also, all
essential elements of the offense have been
accomplished. Thus, the felony is consummated.
 • ATTEMPTED RAPE
Necessarily, rape is attempted if there is no penetration of
the female organ because not all acts of execution was
performed. The offender merely commenced the
commission of a felony directly by overt acts.

 Resignation to consummated act is not consent.

Taking advantage of the fact that the woman was asleep,
the accused entered upon the commission of the act. When
prosecuted for rape, the accused stated that the victim
consented because when she woke up she made no
resistance. SC held that the crime has already been
consummated and the offended party’s final consent, after
she realized the outrage perpetrated against her, is not of
the character to exclude the crime of rape.
 • STATUTORY RAPE: WHEN THE GIRL IS
UNDER 12 YEARS OF AGE
Where the offended party is less than 12 years
of age, rape is committed although she
consented to the sexual act. It is also
committed even if the girl under 12 years old is
a prostitute.

NOTE: The law does not consider the consent

voluntary, as the offended party under 12
years of age cannot have a will of her own.
 • CHARACTER OF THE OFFENDED WOMAN IS
IMMATERIAL IN RAPE (RAPE SHIELD RULE)
The fact that the offended party may have been an
unchaste character constitutes no defense in the charge
of rape, provided that the illicit relations were committed
force and violence, etc.

• MULTIPLE RAPE BY 2 OR MORE OFFENDERS

People vs. Villa
Each of the four defendants who raped the victim, having
conspired with the others to rape her, is responsible not
only for the crime committed personally by him by him,
but also for those of others, because each sexual
intercourse was consummated separately and
independently from that had by each of the others.