Full text of the Republic Act No. 8353 (The Anti-Rape Law of 1997)

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.”

SECTION 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 ofthe 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 ofthe 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.”

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

SECTION 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.

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

Approved:

(SGD.) JOSE DE VENECIA, JR.
Speaker of the House of Representatives

(SGD.) ERNESTO M. MACEDA
President of the Senate

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, 1997 and September 3, 1997, respectively.

(SGD.) ROBERTO P. NAZARENO
Secretary General
House of Representatives

(SGD.) LORENZO E. LEYNES, JR.
Secretary of the Senate

Approved: September 30, 1997

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

Text courtesy of Chan Robles Virtual Law Library.

21 Comments

  1. August 8, 2007 at 8:21 am

    I hope that there will be no more rape cases in the next 10 yrs. kazi may batas nman tau right? na u know nagbbgay ng prusa sa mga may sala…..
    dpat eh maging aware na da pipol w/ those prusa…. hpoe q lng na wla ng mga rape cases…… anymore here n pinas…

    • espee637 said,

      October 18, 2011 at 12:28 am

      but media and exploitation makes this law proliferate like swarm down to minors 6 moths of age perpetrated by own father and brothers… commonly resulting from profuse viewing of cd’s and dvd in the market cheaply available through piracy…please..all our problems connect with each other..we are advocate but we advocate to preservation and safety of our people but we are not superhuman to solve and cure the same without your help..my dear community.

  2. August 8, 2007 at 8:32 am

    I wish no more children will be victim of rape cases especially if the offender is their father…. Npa wlang puso tlaga ng mga DADDY na nanghahalay ng knilang sriling anak….at Ska yung mga mttnda na pmaptol sa mga minodi edad…. mhabag nman cla….. like what hpend 2 d younger sister of my friend…. npka wlang puso ng gmhasa sa knya….

  3. Jesica B. Cañega said,

    September 20, 2007 at 12:27 pm

    To whom it my concern:

    A pleasant good day!

    I just want to ask what the appropriate actions for a gang rape are and also what can I do to a trauma a rape victim.

  4. December 10, 2007 at 5:13 am

    Penalize abusers of this law may they be Filipinos or not.. Justice should excuse no color!

  5. fainaru said,

    July 14, 2008 at 10:50 am

    mamatay na lahat ng taong nwalng awang nang re rape!!!

  6. jomil estandarte said,

    August 27, 2008 at 1:19 pm

    keep up your good work!!!11

  7. reymund said,

    August 30, 2008 at 2:12 am

    i have a gf she is a rape victim at the age of 13years old,pro ang prolema nakatakas ang suspect dahil may pera cla,ang masaklap nito pinsan nya pa ang suspect,nagbunga ang kawanghiyaan nya,ano kaya ang dapat naming gawin.

  8. reymund said,

    August 30, 2008 at 2:15 am

    kung sino man sana ang may madamdaming puso na makatulong sa amin sana,na makapag bigay ng advise sa amin txt u na me 09057500742

  9. Milli Kay said,

    May 18, 2010 at 10:19 pm

    only allowed sex should be consented sex to both parties as 18 or older

  10. jemaica said,

    September 13, 2010 at 6:38 am

    sana wla ng mang rape

  11. jemaica said,

    September 13, 2010 at 6:41 am

    i hope people was vicrim in
    rape b-coz there are so many victims

  12. jessa mae said,

    September 13, 2010 at 6:45 am

    sana wla nang mabibiktima ng kaguluhang
    i2
    we hope wla na
    tnx…………………………………………

  13. Nazel Dolliyao said,

    November 3, 2010 at 3:29 am

    Gud day po..bkit po pinapayagan ng Batas na wala ng Criminal Liabilities ung rapist kung na asawa nya ung biktima..or tlagang may batas po tyong ganon? salamat po..

  14. miranda sing said,

    January 18, 2011 at 2:10 am

    for all those rape victims wag kayong mawalan ng pag-asa ang nangyari sa inyo ay isang bangungot ng nakaraan na kailangan kalimutan para kayo ay mabuhay ng walang kinatatakutan wag niyong iisipin ang mga taong nanghuhusga sa inyo dahil wala kayong kasalanan mahal kayo ng Panginoon anjan siya para gabayan kayo TRUST GOD everything will be alright., there’s still a reason to live in this wonderful world don’t look for the bad side but look for the wondrous/miracle of God gave you.., stay happy and seek for justice..
    “EVERY HUMAN BEING HAS WORTH AND DIGNITY”

  15. miranda sing said,

    January 18, 2011 at 2:15 am

    for you reymund: mahalin mo ang kasintahan mo hindi madali sa kanya na tanggapin ang nakaraan pero pag patuloy kang susuporta sa kanya makakaya nyo yan at mahalin nyo rin ang bata dahil wala siyang kasalanan.,.. remember children are God’s gift hindi lahat ng mag-asawa ay biniyayaan ng anak kaya alagaan mo ang bata na parang isang tunay na anak.

  16. clea said,

    January 24, 2011 at 9:57 am

    i wish na sana matakot na ang mga taong nang re rape because super kawawa ung mga taong walang kamalay malay sa mga ganung situation…especially ung mga bata…na always nating nababalitaang sila palagi ang ginagahasa…sana may magawa ang president natin tungkol dito….at sana maglaho na ang mga negative activities na ginagawa ng ibang mga kababayan natin…..dinudumihan lng nila ang reputasyon ng Philippines….wala na sanang patayan kasi in this times kailangan nating mag tulungan upang umahon tayo sa hirap….

    -concerned citizen of the Philipines,
    Clea T.

  17. Rima said,

    June 8, 2011 at 3:49 am

    sana ibalik nalang ang death penalty at sana ipatupad ng mahigpit ang batas sa pilipinas.. Huwag nating ipamukha sa masa na ang batas sa pinas ay pwedeng tapatan ng Pera! Masyado kaseng maluwag ang Batas.

  18. July 11, 2011 at 8:24 am

    sana nga

  19. INOH LUIS said,

    July 30, 2011 at 6:05 pm

    we hope in all cases of rape even in filipina or not this law will be apply……… thanks for the proud law maker for creating this law and god bless

  20. evangeline s. llagas said,

    March 15, 2012 at 3:55 pm

    biktima ng rape ang pamangkin ko noong feb.11,2012 at kasalukuyang ns fiscal n ang kaso at waiting n kmi ng resolution…sa ngayon e wala pang lawyer n nag aassist sa amin…kaya kung sino man pong may ginintuang puso n gustong tumulong s amin…ito po ang no. ko…09167524787.


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