Rape

Rape is one of the most prevalent forms of violence against women (VAW) in the
Philippines. Reported rape cases ranked third (13.1%) of the total reported VAW
cases in the country from 1999 to 2009. The hard fact is that this is not yet the true
representation of the problem. Due to cultural and social stigmatization associated
with rape, many women victims prefer to maintain their silence and not report their
ordeal to the authorities.
The government with the aid of NGOs have taken initiatives to set up crisis centers
for rape survivors in collaboration with the different sectors of the community to
help victims deal with the trauma and encourage them to report rape. Several raperelated laws have also been passed to address the concern. Through the provision
of suitable legal support and health services, it is hoped that women victims of rape
be encouraged to come forward for proper intervention and justice to be served
accordingly.

What is rape and how is it committed?

Republic Act No. 8353, known as the Anti-Rape Law of 1997, expanded the
definition of the crime of rape and re-classified it as a crime against persons.
Previously, it was classified as a crime against chastity, and belonged to the group
of crimes that include adultery, concubinage, acts of lasciviousness, seduction,
corruption of minors and white slave trade. As a crime against persons, the law no
longer considers it as a private crime. Anyone who has knowledge of the crime may
file a case on the victim's behalf. Prosecution continues even if the victim drops the
case or pardons the offender.

Rape is committed under the following

circumstances:
1. A man has sexual intercourse with a woman:
a. Through force, threat or intimidation;
b. When the victim is deprived of reason or is unconscious;
c. Through fraudulent machination or grave abuse of authority; and
d. When the victim is under 12 years of age or is demented, even if none of
the above
conditions are present.

2. Any person who, under any of the above conditions, commits an act of sexual
assault through oral or anal sex or by inserting an instrument or object into the anal
or genital orifice of another person.

What are the laws relating to rape and what

are the penalties for perpetrators under
these laws?
In the Philippines, there are two laws enacted that directly address rape namely:

R.A. 8353: The Anti-Rape Law of 1997

Rape is governed by Article 335 of the Revised Penal Code (RPC), which was
amended on 22 October 1997 by Republic Act No. 8353, also known as the AntiRape Law of 1997. Among the innovations under R.A. 8353 are the following:
1. Marital rape is impliedly recognized. Rape committed against the wife, also
known as marital rape, is impliedly acknowledged under the new law, which
provides that the subsequent forgiveness by the wife as the offended party, in case
its the husband who is the offender, shall extinguish the criminal action or the
penalty. (Article 266-C)
2. Reclassification of rape as a crime against persons. The new law reclassified
rape from crime against chastity to a crime against persons, which means that
prosecution is commenced in court by the filing of an information by the public
prosecutor, and no longer by a mere complaint filed by the offended party, parents,
godparents or guardian.
3. Fourth mode of committing rape. Prior to 1997, rape is considered committed
by having carnal knowledge of a woman: (1) by using force or intimidation; (2) when
the woman is deprived of reason or otherwise unconscious; or (3) when the woman
is under twelve years of age or is demented. The new law added a fourth mode of
committing rape on a woman by fraudulent machination or grave abuse of
authority.
4. Rape may now be committed against men, not only against women. Rape is
committed by any person who xxx shall commit an act of sexual assault by inserting
his penis into another persons mouth or anal orifice, or any instrument or object,
into the genital or anal orifice of another person.
5. Rape now includes acts other than penile penetration of the vaginal orifice. The
provision quoted above means that, among other things, a woman may now be
charged of raping another woman.

6. On statutory rape. The new law provides that statutory rape may be committed
even though none of the three other modes are present. RA 8353 provides that rape
is committed 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.
7. Kind of resistance and proof. Any physical overt act manifesting resistance
against the rape in any degree from the victim is admissible as evidence of lack of
consent. Tenacious resistance, however, is not required. Neither is a determined and
persistent physical struggle on the part of the victim necessary. In drafting the new
law, the legislators agreed that Article 266-D is intended to soften the jurisprudence
of the 1970s when resistance to rape was required to be tenacious. The lawmakers
took note of the fact that rape victims cannot mount a physical struggle in cases
where they were gripped by overpowering fear or subjugated by moral authority.
Article 266-D tempered the case law requirement of physical struggle by the victim
with the victims fear of the rapist or incapacity to give valid consent. Thus, the law
now provides that resistance may be proved by any physical overt act in any degree
from the offended party (People vs. Dulay).

R.A. 8505: The Rape Victim Assistance and

Protection Act of 1998
Section 1. Title. This Act shall be known as the "Rape Victim Assistance and
Protection Act of 1998."
Sec. 2. Declaration of policy. It is hereby declared the policy of the State to
provide necessary assistance and protection for rape victims. Towards this end, the
government shall coordinate its various agencies and non-government
organizations to work hand in hand for the establishment and operation of a rape
crisis center in every province and city that shall assist and protect rape victims in
the litigation of their cases and their recovery.
Sec. 3. Rape Crisis Center. The Department of Social Welfare and Development
(DSWD), the Department of Health (DOH), the Department of the Interior and Local
Government (DILG), the Department of Justice (DOJ), and a lead non-government
organization (NGO) with proven track record or experience in handling sexual abuse

cases, shall establish in every province and city a rape crisis center located in a
government hospital or health clinic or in any other suitable place for the purpose
of:
(a) Providing rape victims with psychological counselling, medical and health
services, including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of
offenders and the filing of cases in court;

(d) Ensuring the privacy and safety of rape victims;

(e) Providing psychological counselling and medical services whenever
necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement
officers, public prosecutors, lawyers, medico-legal officers, social workers, and
barangay officials on human rights and responsibilities; gender sensitivity and legal
management of rape cases; and
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape
Crisis Center.
Sec. 4. Duty of the Police Officer. Upon receipt by the police of the complaint for
rape, it shall be the duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the
accused is detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be
of the same gender as the offended party, to ensure that only persons expressly
authorized by the offended party shall be allowed inside the room where the
investigation or medical or physical examination is being conducted.

For this purpose, a women's desk must be established in every police precinct
throughout the country to provide a police woman to conduct investigation of
complaints of women rape victims. In the same manner, the preliminary

investigation proper or inquest of women rape victims must be assigned to female

prosecutor or prosecutors after the police shall have endorsed all the pertinent
papers thereof to the same office.
Sec. 5. Protective measures. At any stage of the investigation, prosecution and
trial of a complaint for rape, the police officer, the prosecutor, the court and its
officers, as well as the parties to the complaint shall recognize the right to privacy
of the offended party and the accused. Towards this end, the police officer,
prosecutor, or the court to whom the complaint has been referred may, whenever
necessary to ensure fair and impartial proceedings, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial and that the name and personal circumstances of the offended
party and/or the accused, or any other information tending to establish their
identities, and such circumstances or information on the complaint shall not be
disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings
can be conducted in a language or dialect known or familiar to them.
Sec. 6. Rape shield. In prosecutions for rape, evidence of complainant's past
sexual conduct, opinion thereof or of his/her reputation shall not be admitted
unless, and only to the extent that the court finds, that such evidence is material
and relevant to the case.
Under R.A. 8353, the penalties for rape perpetrators vary depending on the act itself
and the circumstances surrounding it. These are the following:
Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the
offender if rape is committed through sexual intercourse
When is rape punishable by death? ( Pursuant to RA 9346 prohibiting the imposition
of the death penalty, the penalty of reclusion perpetua without eligibility for parole
shall be imposed, in lieu of death.)
1. When by reason or on occasion of the rape, a homicide is committed.
2. When the victim is under 18 yrs old and the offender is a parent, ascendant,
stepparent, guardian, relative by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of the victim.
3. When the victim is under the custody of the police or military authorities or
any law enforcement or penal institution.
4. When the rape is committed in full view of the husband, parent, any of the
children or other relatives within the third civil degree of consanguinity.
5. 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.
6. When the victim is a child below seven (7) years old.

7. When the offender knows that he is afflicted with HIV AIDS or any other
sexually transmissible disease and the virus or disease is transmitted to the
victim.
8. When committed by any member if the Armed Forces of the Philippines or
paramilitary units of 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.
9. When by reason or on the occasion of the rape, the victim has suffered
permanent mutilation or disability.
10.When the offender knew the pregnancy of the offended party at the time of
the commission of the crime.
11.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.

Prision mayor (imprisonment from six to 12 years) is imposed on the offender if

rape was committed through oral or anal sex or through the use of any object or
instrument that was inserted into the mouth or anal orifice of the woman or a man.
This may also be elevated to reclusion temporal (imprisonment from 12 to 20 years)
or reclusion perpetua depending on the circumstances surrounding the crime.
Statistics:
In 2013, the Philippine National Police Women and Children Protection Center (PNPWCPC) recorded a total of 5,493 rape incidents involving women and child victims.
Thats approximately one reported rape incident every 96 minutes.
But consider this: the PNP-WCPC is just one of several units that report crime data.
Its mother unit, the PNP Directorate for Investigation and Detective Management
(PNP-DIDM), consolidates crime reports from all reporting units. Last year, the PNPs
annual report based on DIDM data tallied as much as 7,409 reported rape incidents,
or one every 72 minutes.
Consider, too, that these are just the reported rape incidents.
Sexual Abuse
RA 9262 is the Anti-Violence Against Women and Their Children Act of 2004. It seeks
to address the prevalence of violence against women and children (VAWC), abuses
on women and their children by their partners like:
a. Husband or ex-husband
b. Live-in partner or ex-live in partner
c. Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend

d. Dating partner or ex-dating partner

The Act classifies violence against women and children (VAWC) as a public crime.
It covers:
1. Physical violence
2. Sexual violence
3. Psychological violence
4. Economic abuse

Sexual violence refers to an act which is sexual in nature, committed

against a woman or her child. It includes but is not limited to:
1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her
child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victims body, forcing her/him to watch
obscene publications and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and mistress/lover to live
in the conjugal home or sleep together in the same room with the abuser;
2. Acts, causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of physical or
other harm or coercion;
3. Prostituting the woman or her child.

Policy Brief No. 11

Strengthening the Provisions of R.A. 8353:
AMENDING THE ANTI-RAPE LAW
This policy brief provides the rationale and recommendations for amending the antirape law; redefining it by providing specific and clearer instances and putting the
element of lack of consent at its center.
WHAT IS THE ISSUE?
Rape is an inherent violent crime that results in physical, social, emotional and
psychological harm. It is not only when force is used that the crime becomes

violent; the fact that the sexual act is committed against the will of the victim
makes the crime violent.
The 2011 International Statistics on Crime and Justice conducted by the European
Institute for Crime Prevention and Control, ranks the Philippines as 7th among the
countries with high prevalence of rape cases[1]. The Philippine National Police (PNP)
records show that reported rape cases ranked third and accounted for about 9.6% of
total reported violence against women (VAW) cases from 2004 to 2012[2] . The
WCPU statistics for 2012 revealed that the most recorded victims of sexual abuse
are children between the ages of 13-15 years old with 1,147 cases. The National
Objectives for Health Survey of the DOH (2000) shows that 295,448 teenagers
between the ages of 13-15 years experienced sexual abuse, 61, 518 of these were
forced sex/rape and only 0.1% are reported to the authorities[3].

These reports and figures show that rape remains a prevalent social problem. Most
cases were underreported due to significant barriers such as cultural and social
stigmatization and pressure, fear of retaliation, lack of confidence in the justice
system, ignorance of the proper reporting procedures and inability to withstand the
rigors of severe examination and a public trial.
WHY IS THE ISSUE IMPORTANT?
Undoubtedly, the Anti-Rape Law of 1997 is progressive in terms of veering away
from the chastity framework, and classifying rape as a crime against persons rather
than a crime committed against private individuals thereby challenging the privatepublic divide. However, the law still vacillates between the two realms. While
making rape a public crime, it also recognizes that the subsequent forgiveness by
the wifeshall extinguish the criminal action or the penalty.[4] Further, the
provision which states that the subsequent valid marriage between the offender
and the offended party shall extinguish the criminal action or the penalty imposed
could expose the woman to the danger of domestic violence. Once the woman
victim marries the offender, she no longer has legal remedy to file an action for
rape.
These forgiveness clauses in the law do not take into consideration the very issue of
gender-based violence in an intimate relationship which can involve a whole range
of abuses such as physical, sexual and psychological that can happen over a
prolonged period of time. Maintaining the existence of the forgiveness clause in our
law could give rise to violence against women under the shroud of marriage,
keeping women in violent and abusive relationships rather than freeing them. With
such provision, women who are raped by their husbands are likely to be raped many
times and would suffer repeated violence for they are usually trapped in a vicious
cycle of sexual abuse in marriage.

Despite the enactment of RA 8353 in 1997 which amended the crime of rape in the
Revised Penal Code, it is often difficult for a woman to press charges because of the
evidential rules concerning the crime or many cases of rape are being dismissed in
courts because victims have to prove beyond reasonable doubt that there was no
consent[5] . Behind relevant provisions of the anti-rape law that represents
considerable progress, it is still implicit in this law the disregard for the traumatic
effects to the victims of the sexual assault of this nature. Myths and
misconceptions, wrongful presumptions and discriminatory understandings about
consent in sexual violence and its victims are still being employed and remain as
basis for jurisprudential doctrines in rape.
The issue surrounding consent in the crime of rape must also go to the question on
whether the victim has the capability to consent. Our present law implicitly sets the
rightful age of consent to sex at 12 years old while official data show that majority
of victims of rape are under the ages of 13-15 years old. Earlier initiation of sexual
intercourse is strongly associated with sexually transmitted infections[6] , increased
risk for cervical cancer[7] , pregnancy, depression and suicide, and sexual abuse.
Increasing such age of consent to at least 16 years of age will generally provide
greater protection against abuses to girls and minors.

WHAT ARE THE EXISTING LAWS OR POLICY ISSUANCES RELATED TO THE ISSUE?
Section 12 of RA 9710 or the Magna Carta of Women (MCW) provides for the
amendment or repeal of laws that are discriminatory to women which, among
others, include RA 8353 on removal of subsequent forgiveness and valid marriage
clause.
Article II Section 11 of the 1987 Philippine Constitution provides that the State
values the dignity of every human person and guarantees full respect for human
rights.
HAS THE SUPREME COURT ISSUED A RULING RELATED TO THE ISSUE? OR WHAT ARE
THE RECENT RULINGS OF THE SUPREME COURT RELATED TO THE ISSUE?
Case law has it that the failure of the victim to shout or offer tenacious resistance
does not make voluntary the victims submission to the criminal acts of the accused
(People v. Pepito, G.R. Nos. 147650-52, October 16, 2003). Resistance is not an
element of rape and the absence thereof is not tantamount to consent (People v.
Dizon, 367 SCRA 417 (2001)). The law does not impose upon a rape victim the
burden of proving resistance (People v. Talavera, G.R. Nos. 150983-84, November
21, 2003). In fact, physical resistance need not be established in rape when
intimidation is exercised upon the victim and she submits herself against her will to
the rapists lust because of fear for life or personal safety (People v. Umbana, G.R.
Nos. 146862-64, April 30, 2003). Indeed, it has been said that, in rape cases, it is

not necessary that the victim should have resisted unto death or sustained injuries
in the hands of the rapist. It suffices that intercourse takes place against her will or
that she yields because of a genuine apprehension of great harm (People v. Dagami,
G.R. No. 136397, November 11, 2003)[8].
Physical resistance need not be established when intimidation is brought to bear on
the victim and the latter submits herself out of fear. As has been held, the failure to
shout or offer tenuous resistance does not make voluntary the victims submission to
the criminal acts of the accused (People v. San Antonio, Jr., G.R. No. 176633,
September 5, 2007, 532 SCRA 411, 428). Intimidation is addressed to the mind of
the victim and is, therefore, subjective (People v. Castro, G.R. No. 172691, August
10, 2007, 529 SCRA 800, 809-810; citing People v. Ilao, G.R. Nos. 152683-84,
December 11, 2003, 418 SCRA 391)[9].
WHAT ARE THE EXPERIENCES OF OTHER COUNTRIES IN ADDRESSING THE ISSUE?
The provision in rape law which ends criminal prosecution in the event of marriage
between the offender and the victim was abolished in Mexico in 1991, Colombia in
1997, Peru in 1999, and Ethiopia in 2005. On 9 May 2005, the new Ethiopian Penal
Code which removed the marital exemption for abduction and rape came into
effect. Both abduction and rape are criminal offenses under Ethiopian law, but
Articles 558 and 599 of the 1957 Ethiopian Penal Code had provided that in the
event of subsequent marriage to his victim, the perpetrator was exempt from
criminal responsibility for these crimes. Equality Now launched its campaign in
March 2002, calling on the Ethiopian Government to comply with the sex equality
provisions of its own Constitution and international law by abolishing this legal
exemption[10].

Under the Indian Penal Code, rape is a non-compoundable offence, an offence

against society and is not a matter to be left for the parties to compromise and
settle. In a landmark judgment, the Supreme Court ruled that a rapists offer to
marry the rape survivor could never be a ground for letting off the guilty lightly for
two major reasons: one, it would encourage the convicts to pressurize rape
survivors to reach a compromise and two, rape is a crime against society.
The offence of rape in Australia is defined as carnal knowledge of a woman without
her consent: carnal knowledge is the physical fact of penetration; it is the consent
to that which is in question; such a consent demands a perception as to what is
about to take place; as to the identity of the man and the character of what he is
doing (Papadimitropoulos v The Queen). Thus, Chief Justice King said, The law on
the topic of consent is not in doubt. Consent must be a free and voluntary consent.
It is not necessary for the victim to struggle or scream. Mere submission in
consequence of force or threats is not consent. The relevant time for consent is the
time when sexual intercourse occurs. Consent, previously given, may be withdrawn,

thereby rendering the act non-consensual. A previous refusal may be reversed

thereby rendering the act consensual. That may occur as a consequence of
persuasion, but, if it does, the consequent consent must, of course, be free and
voluntary and not mere submission to improper persuasion by means of force or
threats.[11]
The Sudanese Criminal Act defines rape as sexual intercourse without consent. In
Great Britain, the accused can be convicted of rape even if the victim has
consented. The High Court has ruled on a case where a woman consented to only
limited sexual contact and the ruling is based on the principle that if you do
something to someones intimate bits which you know s/he has not consented to or
is unable to consent to, you are committing sexual assault or rape.
The Oxford City Council is running a campaign called Check Consent. Theyre
reaching out through posters, beer mats and social media to challenge unhealthy
attitudes towards sex and prevent violence and abuse in relationships.[12]
National laws of other countries and statutes of international tribunals increasingly
stipulate principles on the use of presumptions with regards to the existence or
absence of consent. For example, Article 75 of the UK Sexual Offences Act of 2003
states that proof of violence or threats prior to sexual intercourse rule out consent.
Conversely, consent cannot be inferred on the grounds of the silence, or lack of
resistance by a victim against sexual violence as stated in Rule 70 (c) of the
International Criminal Court (ICC) Rules on Procedure and Evidence.
Most of the countries in Southeast Asia like Brunei, East Timor, Indonesia, Malaysia,
Singapore, Taiwan, peg the age of consent at 16, meaning, sexual intercourse with a
minor under 16 will be treated as a sex crime and is punishable in their common law
even if consensual. Only the Philippines has the lowest which sets it at 12 while
Japan and Vietnam at 13.
WHAT ARE THE CONSIDERATIONS IN ADDRESSING THIS ISSUE IN THE COUNTRY
Promoting womens rights and gender equality Rape is a crime involving power
relations between the offender and the victim, and rooted in male dominance and
female subordination. It is no doubt, the result of disparities in the status and
situations of women and men; between the more powerful and the oppressed. The
Anti-Rape Law should be viewed from a perspective that promotes the right of the
more vulnerable groups and ensuring their freedom from violence.
Responding to International Commitments
Article 2 of the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) called on the States Parties to condemn discrimination against
women in all its forms, agree to pursue by all appropriate means and without delay
a policy of eliminating discrimination against women. The 2006 CEDAW Committee

Concluding Comments on the 5th and 6th Philippine Country Report raised concerns
over the Anti-Rape Law of 1997 and recommended the repeal of the provision
pertaining to the extinguishment of the criminal action.
The CEDAW Committee also recommends that concrete measures be taken to
ensure that all legal procedures in cases involving crimes of rape and other sexual
offenses are not affected by prejudices or stereotypical gender notions. It
specifically recommends reviewing the definition of rape in the legislation so as to
place the lack of consent at its centre.
Alignment with National Priorities
Amending the Anti-Rape Law is consistent with item 13 on Gender Equality of the
governments 16-Point Agenda which states, from a lack of concern for gender
disparities and shortfall, to the promotion of equal gender opportunity in all spheres
of public policies and programs. More importantly, it responds to the mandate of
Congress under the Magna Carta of Women to amend or repeal laws that are
discriminatory to women.
POLICY RECOMMENDATION
The PCW proposes the following salient features of the new Anti-Rape Law:

1. specify that rape is a sexual assault that violates a persons right to personal
security and bodily integrity with the essential element of lack of consent;
2.

the crime is committed by:

a. a man who has carnal knowledge of a woman without her consent, whether or
not the woman suffers injuries;
b. a man touches or inserts his penis into the females inner or outer vaginal labia,
without her consent, whether or not the woman suffers injuries;
c. a man who touches or inserts his penis into another persons mouth or anal
orifice, without the persons consent, whether or not the person suffers injuries;
d. a person who touches or inserts any instrument or object, including a finger,
into the genital or anal orifice of another person
3. the crime is committed under any of the following circumstances:
a. through force, threat or intimidation;
b. through the use of weapon, or other external force causing physical injuries,
maiming, disfiguring, or endangering the life of the victim;
c. through fraudulent machination or abuse of authority;
d. in coercive or other similar circumstances rendering the complainant incapable
of giving consent, including forcing another individual to sexually assault the victim;

e. when the offended party is under sixteen (16) years of age[13] or is demented
or is deprived of reason or is unconscious for any reason, even though none of the
circumstances mentioned above be present, however, minors, aged fourteen to
sixteen, may be proven to have consented to sexual activity with a partner who is
not more than five years older, provided that, for children who are legally able to
consent to sexual activities, the accused is required to have taken reasonable steps
to ascertain the victims consent.
4. define consent as the voluntary agreement to engage the sexual activity in
question, which must be proven such that:
a. the victim understands what is being proposed;
b. the victim is aware of the societal standards of what is proposed;
c. agreements or disagreements will be respected equally;
d. both parties enter into the relationship or proposal voluntarily; and
e. both parties are mentally competent[14]
PCW also calls on the Supreme Court to consider issuing a Rule on Trial of Rape
Cases [15] which may include the following:
1. application of the rape shield rule as provided for in Section 6 of RA 8505
2. guiding principles on the appreciation of evidence in rape cases
3. child and gender-sensitive decorum for lawyers, prosecutors, judges and other
court personnel during trial of rape cases
http://www.pcw.gov.ph/wpla/rape

Comments on law
Marriage extinguishes criminal liability of rape.
Philippine Anti-Rape Law of 1997
Republic Act 8353 (The Anti-Rape Law of 1997), which was a huge leap forward in
the countrys drive against rapists, unfortunately had a tiny setback, specifically
Article 266 Section C which states:
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.

The offender being free from criminal liability after marrying the victim is tied
closely to a Spanish-era provision in the Revised Penal Code, specifically Article 344
which states in cases of seduction, abduction, acts of lasciviousness and rape, the
marriage of the offender with the offended party shall extinguish the criminal action
or remit the penalty already imposed upon him.
As to the forgiveness thing, the rationale behind it is to afford the offending
husband a chance to start anew with his wife.
On Penalty:

American Period (1898-1934)

The American colonizers, adopting most of the provisions under the Codigo Penal of
1848, retain the death penalty.
The Codigo Penal was revised in 1932. Treason, parricide, piracy, kidnapping, murder,
rape, and robbery with homicide were considered capital offenses and warranted the
death penalty.

The Marcos Years (1965-1986)

Jaime Jose, Basilio Pineda, and Edgardo Aquino were executed for the gang rape of
movie star Maggie dela Riva in 1972. Despite prohibitions against public executions,
the execution of the three was done in full view of the public.

President Fidel Valdez Ramos (1993-1998)

The Ramos administration reimposed the death penalty by virtue of Republic Act
No. 7659 in December 1993 to address the rising criminality and incidence of
heinous crimes.
President Joseph Ejercito Estrada (1998-2001)
Leo Echegaray was executed in February 1999
President Gloria Macapagal Arroyo
Arroyo publicly stated that she is not in favor of executions.