SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
Q: When are injuries considered to be of a slight nature?
1. When the offended party was incapacitated for labour from 1-9 days, or shall require medical attendance during the same period
2. When the offended party has sustained injuries which do not prevent him from engaging in his habitual work nor require medical attendance
3. When the offender ill-treats another by deed without causing any injury
CHAPTER THREE
RAPE
(As amended by Republic Act 8353) *NB: For obvious reasons, this chapter composes one consolidated discussion
ART.266-A
RAPE, WHEN AND HOW COMMITTED
ART.266-B
PENALTIES
ART.266-C
EFFECT OF PARDON
ART.266-D
PRESUMPTIONS
Q: How is rape classified?Rape is classified as a public crime, a crime against persons
Q: Before being included under crimes against persons, what Title was Rape under? Rape used to be a crime against chastity, and as such, a private crime Q: What is a public crime?
Any crime which may be prosecuted ex officio (by the public prosecutor)
Q: What is the legal effect of the reclassification and redefinition of Rape under RA 8353? 1. Marital Rape has become a punishable offense
2. Rape has become a public crime (whereas before, only the offended party may institute the charges)
3. Rape was made a non-bailable offense
4. Rape can now be committed not only through sexual intercourse but also through sexual assault
Q: How is rape 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 is otherwise unconscious c. By means of fraudulent machination or grave abuse of authority
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d. When the offended party is under 12 or is demented, even though none of the circumstances mentioned above is present
2. By any person who, under any of the circumstances mentioned in par.1 of art.266-A, shall commit any 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
*NB: here’s a table to help you out, I found the book rather disorganized when it came to this - Kimi
ELEMENTS OF RAPE UNDER PAR.1 (rape through sexual intercourse)
ELEMENTS OF RAPE UNDER PAR.2 (rape through sexual assault)
1. The offender is a man
2. He had carnal knowledge of a woman 3. Such an act is accomplished under the
following circumstances: a. By using force/intimidation b. When the woman is deprived of
reason or is unconscious
c. By means of fraudulent machination or grave abuse of authority
d. The woman is under 12 or is demented
1. The offender commits an act of sexual assault
2. The act 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/object
into the genital/anal orifice of another person
3. The act is accomplished under any of the following circumstances:
a. By using force/intimidation b. When the woman is deprived of
reason or is unconscious
c. By means of fraudulent machination or grave abuse of authority
d. The woman is under 12 or is demented
Q: What are the qualifying aggravating circumstances in rape?
1. When the victim is under 18 and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the 3rd civil degree, or the common law spouse of the victim’s parent
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 3rd 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 7 years old
6. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmitted diseases and the virus/disease is transmitted to the victim
7. When committed by any member of the AFP or paramilitary units thereof or the PNP 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 offense
*NB: As always, I found it simpler to memorize this by taking key words and associating the key words with the entire circumstance, here’s my list:
1. Age and relationship 2. Official custody
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3. Ignominy (think: full view of relatives) 4. Priests and Nuns (no disrespect meant) 5. Below 7
6. Venereal diseases (HIV/AIDS/STDs) 7. Law Enforcement/Prison
8. Mutilation/Disability 9. Pregnancy
10. Mental Deficiency Q: May a woman commit rape?
Yes
Q: May a woman be criminally liable for rape under the 1st manner (sexual intercourse) as a principal by inducement?
Yes
Q: By indispensible cooperation? Yes
Q: How about as a principal by direct participation? Yes, but ONLY if there is a conspiracy Q: As an accomplice or accessory?
Yes
Q: Under the 1st manner of committing rape, must there be sexual intercourse?
Yes, else only acts of lewdness are being performed and the crime is therefore acts of lasciviousness, not rape
Q: What is meant by ‘carnal knowledge’? (anybody who can’t answer this shouldn’t be in law school :P – kimi)
Q: In the event that force is used, what degree of resistance must be put up by the offended party? The same degree she would employ had she been fighting for her life
*NB: Remember though, that in cases where the force is overwhelming and resistance would have been futile (think: sorry for the graphic illustration, but picture a scenario of gang rape with guns thrown in for good measure), the law does not require that the woman should have resisted, much less resisted strongly – ‘it is not necessary that she should have resisted up to the point of death’
Q: In rape through force and intimidation, is it necessary that there be full penetration? No, partial penetration is sufficient
Q: Suppose the woman did not resist, but was merely reluctant. Is the man liable? No
Q: Suppose some form of drug was placed in an unwilling woman’s drink, and as a result of drinking it, her sexual appetites were aroused. The act was consummated. Is the man liable?
Yes, the man employed fraudulent machination
Q: Suppose a man had sex with a deaf-mute woman. May it be considered rape? Not in the absence of any proof that the woman was an imbecile
Q: Suppose a man raped a feeble-minded woman who was not completely deprived of reason. Is he liable?
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Q: Suppose an unconscious girl woke up to find a man on top of her and she did not offer any resistance. Is the man liable?
It depends –
-If there was already partial penetration, resistance is unnecessary, the crime has been consummated, and the man is liable
-If there was no penetration yet, and she did not resist, the man is not liable
Q: When rape is committed by means of fraudulent machination or grave abuse of authority, is it necessary that there be force, threat or intimidation
No
Q: So the woman may actually consent to the crime?
Yes, but her consent would have been obtained fraudulently and does not serve to mitigate or justify the crime
Q: Suppose a man beat a woman unconscious before having carnal knowledge of her, is he liable? Under what manner of commission?
Yes, he is liable under the 2nd manner
Q: Suppose he administered narcotics to the woman He is liable under the 2nd manner
Q: Suppose your boyfriend picked you up for dinner, but instead of driving to the restaurant, he drove to a secluded place and committed the act against you. Is he liable? How?
Yes, he is liable by employing fraudulent machination
Q: Suppose that by virtue of a promise made by your boyfriend, you agreed to have sexual intercourse. When you found out you were pregnant, he disappeared. Is he liable? What crime did he commit?
Yes, he is liable for rape through fraudulent machination
*NB: Remember persons? Yeah, the Gasheem Shokat Baksh case - breach of promise to marry is not actionable under civil law, except with respect to material costs incurred, but under criminal law, a promise to marry which resulted in a woman’s consent to sexual intercourse may be actionable if it can be proven that the promise was fraudulently madeand was the actual reason for the woman’s consent–kimi, thinking aloud while paraphrasing the Great A
Q: Suppose that the offended party was 11 years, 11 months, and 29 days old at the time of the commission of the offense, and the accused paid for her willing services. Is this rape?
Yes
*NB: This, my friends, is statutory rape. Consent and the involvement of profit are immaterial. The law seeks to protect the victim, and assumes that at this age, any decision made by the child – even if it was made willingly – to engage in the sexual act does not exonerate the offender one bit –kimi
Q: How is sexual assault committed? *NB: see table above
Q: May a wife be raped by her husband?
Yes – the fact that they were married at the time of the commission of the act does not mitigate the man’s liability
*NB: the old doctrine – replaced now by RA 8353 – was that a husband and a wife shared one and the same personality, so that it was not possible for a husband to, in effect, rape himself. Still older doctrines contended that the woman’s act of marrying the man was consent for all
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future sexual intercourse encounters. Kudos to the acumen of the new rape law and the expanded sphere of protection now granted to married women :) --kimi
Q: Suppose that after a forced sexual encounter, the husband and wife again had intercourse, but this time, there was willing consent on the part of the woman. What is the legal effect, if any, to the previous act of rape, or even to the criminal case filed against the husband?
The subsequent act shall be deemed as forgiveness, and it shall extinguish the criminal action against the husband, provided that the marriage is not void ab initio
Q: What is the effect of the marriage of the offended party to the offender in rape cases?
The criminal action shall be extinguished, or the penalty imposed, assuming that the action has already been decided against the offender; PROVIDED that the marriage is VALID.
*NB: this is important! According to the book, marriage ‘extinguishes the criminal action’ but only with respect to the principal and not the accomplices and accessories; apparently, this means that only the offender who marries the victim is benefited by the marriage. Atty. A however, draws attention to the words ‘shall extinguish the criminal action’ – which logically means that ALL those impleaded in the action shall also be benefited – partial extinction of the action with respect to the impleaded parties is not stated in the law (amazed, aren’t ya? I was too, the professor’s logic is impeccable –kimi)