RA 8353 – The Anti-Rape Law of 1997

Purpose

The primary objective of RA 8353 is to provide a broader and more encompassing definition of rape, emphasizing its violation against personal dignity and human rights rather than just chastity. It also seeks to impose more severe penalties for perpetrators, ensuring justice for victims.

Background

The enactment of RA 8353 was a response to the growing need to address the limitations of the previous definitions of rape in the Revised Penal Code. The law was crafted to be more aligned with the realities of sexual offenses and to provide better protection for victims.

Key Provisions

• Article 266-A: Defines the circumstances under which rape is committed, including through force, threat, or intimidation; when the victim is unconscious or deprived of reason; through fraudulent means or grave abuse of authority; and when the victim is below 12 years of age.
• Article 266-B: Outlines the penalties for rape, which range from reclusion perpetua to death, depending on the circumstances. It also lists several aggravating/qualifying circumstances that can elevate the penalty.
• Article 266-C: Discusses the effect of pardon, stating that a subsequent valid marriage between the offender and the offended party can extinguish the criminal action or penalty.
• Article 266-D: Establishes presumptions in rape cases, such as any physical overt act manifesting resistance from the victim can be accepted as evidence.

Beneficiaries

The primary beneficiaries of this law are victims of rape and sexual assault, ensuring that they receive justice and protection from further harm. The law also benefits society at large by promoting a safer environment and deterring potential offenders.

Implementation

The law mandates the Philippine National Police, the Department of Justice, and other relevant agencies to handle cases of rape and ensure that perpetrators are brought to justice.

Impact

RA 8353 has been instrumental in providing justice to countless victims of rape and sexual assault in the Philippines. By redefining rape as a crime against persons, it has shifted the perspective from a mere violation of chastity to a grave violation of human rights.

Amendments

RA 11648, enacted in March 2022, further strengthens the protection against rape and sexual exploitation. It increases the age for determining the commission of statutory rape and amends several provisions of RA 8353 to ensure more robust protection for children against abuse and exploitation.

Related Laws

• Revised Penal Code (Act No. 3815): The primary criminal code from which RA 8353 amends specific provisions related to rape.
• RA 7610: Special Protection of Children Against Abuse, Exploitation, and Discrimination Act.

FAQs

How does RA 8353 differ from the previous laws on rape?

The law reclassifies rape from a crime against chastity to a crime against persons, providing a broader definition and more severe penalties for perpetrators.

What are the penalties for rape under RA 8353?

Penalties range from reclusion perpetua to death, depending on the circumstances and the presence of any aggravating/qualifying conditions.

Is there a bail for RA 8353?

While the content from the provided links did not explicitly mention details about bail for RA 8353, in general, the granting of bail depends on the gravity of the offense and the evidence of guilt. Rape, being a heinous crime, often has stringent conditions for bail, especially when the evidence of guilt is strong.

What is the effect of pardon in RA 8353?

According to Article 266-C of RA 8353, a subsequent valid marriage between the offender and the offended party can extinguish the criminal action or penalty. If the legal husband is the offender, the subsequent forgiveness by the wife as the offended party can extinguish the criminal action or penalty. However, if the marriage is void from the beginning, the crime will not be extinguished.

What is the difference between RA 8353 and RA 7610?

RA 8353, or “The Anti-Rape Law of 1997,” focuses on redefining and expanding the crime of rape, emphasizing it as a violation against personal dignity and human rights. On the other hand, RA 7610, known as the “Special Protection of Children Against Abuse, Exploitation, and Discrimination Act,” is geared towards the protection of children against various forms of abuse, exploitation, and discrimination.

Glossary

• Rape: A crime where a person has carnal knowledge of another under certain circumstances, such as through force, threat, or intimidation, among others.
• Carnal Knowledge: Physical sexual activity that involves penetration, no matter how slight.
• Reclusion Perpetua: A penalty that involves imprisonment for at least 30 years after which the convict becomes eligible for pardon.
• Prision Mayor: A penalty that involves imprisonment ranging from six years and one day to twelve years.
• Reclusion Temporal: A penalty that involves imprisonment ranging from twelve years and one day to twenty years.
• Aggravating/Qualifying Circumstances: Conditions that can elevate the penalty for a crime.
• Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS): A disease that attacks the immune system, making it harder for the body to fight off infections and diseases.
• Effect of Pardon: The subsequent valid marriage between the offended party can extinguish the criminal action or the penalty imposed. If the legal husband is the offender, the subsequent forgiveness by the wife can also extinguish the criminal action or penalty.
• Void Ab Initio: A term meaning “void from the beginning.” In legal terms, it refers to something that is null and entirely without legal effect.
• Presumptions: Assumptions made in the law that must be adhered to until proven otherwise.
• Separability Clause: A provision in a statute that states if some parts of the statute are declared invalid, the remaining parts will still be effective.
• Repealing Clause: A provision in a statute that states the act repeals any conflicting statutes, ensuring that the new act is the governing law.
• Effectivity: The date when the law will officially take effect and be enforced.

Downloads and Resources

• [PDF] RA 8353
• [PDF] PCW’s Primer on RA 8353 and RA 8505
• [PDF] PCW’s Republic Act 8353

External Links

• Official Gazette
• Amendments under RA 11648
• Philippine Commission on Women
• The Lawphil Project

Disclaimer: The provided overview is a simplified interpretation of the law meant only for general information. For a comprehensive understanding and its application, refer to the full text of the law and consult with legal experts.

Republic Act No. 8353

September 30, 1997

H. No. 950
H. No. 6265

Republic of the Philippines
Congress of the Philippines
Metro Manila

Tenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday the twenty-eighth
day of July, nineteen hundred and ninety-seven.

[REPUBLIC ACT NO. 8353]

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as “The Anti-Rape Law of 1997.”

SEC. 2. 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, to read as follows:

“Chapter Three

“Rape

“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.

“Article 266-B. 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 of the 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:

“l) 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 of the 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.

“Article 266-D. Presumptions. – Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A.”

SEC. 3. Separability Clause. – If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.

SEC. 4. Repealing Clause. – Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.

Approved,

This Act, which is a consolidation of Senate Bill No. 950 and House Bill No. 6265 was finally passed by the Senate and the House of Representatives on June 5, 1997and September 3, 1997, respectively.

Approved: SEP 30 1997

(Sgd.) FIDEL V. RAMOS
President of the Philippines