Legal Research On Rape in The Philippines
Legal Research On Rape in The Philippines
College of Law
Submitted by:
Roque Benjamin C. Ablan
Marie Stella U. Gaspar
Submitted to:
Atty. Brian J. Corpuz
Legal Research Professor
I.
INTRODUCTION
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of
the
problem.
(http://www.pcw.gov.ph/focus-
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DEFINITION OF TERMS
It is defined pursuant to Article 266-A of the Revised
Penal Code, as amended by RA 8353, as a crime against
persons committed as follows:
1. by a man who shall have carnal knowledge of a
woman under any of the following circumstances:
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Sexual
assault
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Violence,
crimes of
attempted and completed crimes. Completed violence The sum of all completed rapes, sexual assaults,
robberies, and assaults. See individual crime types for
definition of completed crimes. Attempted/threatened
violence - The unsuccessful attempt of rape, sexual
assault,
personal
robbery
or
assault.
Includes
Center
Reclusion
Perpetua
Prision
Mayor
or
man.
This
may
also
be
elevated
or
reclusion
perpetua
depending
on
the
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II.
LEGISLATIVE HISTORY
Republic Act No. 8353, also known as the Anti-Rape Law of 1997,
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Rape
Laws:
The
Policy
and
the
Myths.
Law of 1997) and R.A. No. 8505 (The Rape Victim Assistance and
Protection Act of 1998), more or less three years after their passage in
the Philippines.
In July 1, 2013, the Philippine House of Representatives filed
House Bill No. 6170 entitled An Act Amending Chapter 3 of Republic
Act 8353, also known as the Anti-Rape Law of 1997. The said bill was
sponsored by Congresswoman Emmi A. De Jesus and was co-sponsored
by other solons namely Luzviminda C. Ilagan, Neri Colmenares,
Fernando L. Hicap, James Mark Ridon, Carlos Isagani T. Zarate and
Antonio L. Tinio. House Bill No. 6170 was read in the Lower House in
July 24, 2013. It is currently pending with the Committee on Revisions
of Laws.
III.
DISCUSSION
in
People
v.
Campuhan,
the
term
"slightest
raped. (People of the Philippines v. Pedro Nogpo. G.R. No. 184791 April
16, 2009)
AAAs reluctance and hesitation in breaking her agonizing silence
were sufficiently established by her testimony that appellant was able
to instil fear in her by threatening to kill her mother should the
incidents be made known to anyone. Such intimidation is sufficient to
cower AAA and make her choose to suffer privately instead of
disclosing her sordid tale of abuse in the hands of appellant. (People of
the Philippines v. Arturo Domingo. G.R. No. 177136 June 30, 2008)
Obet
Montes,
coordinator
for
services
of
the
women's
bath between the time of the rape and the time of filing of a complaint
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because it may destroy evidence. She should bring her soiled clothes
and other garments to be entered as evidence.
The medico-legal will take a swab of the mouth and the genital
area and will check for injuries and bruises. She may also examine the
fingernails to see if there are skin sediments of the perpetrator under
the fingernails in case the woman scratched the perpetrator.
After that, the police will take a sworn statement from the
complainant which she should file with the Prosecutors Office. A
preliminary investigation will be done to establish probable cause. If
probable cause is established, a warrant of arrest will be issued by the
court and a trial will ensue.
Implementing Rules of Republic Act 8353
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 nongovernment 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 any suitable place, or in a
government hospital or health clinic.
The DSWD shall be the lead agency in the establishment and
operation of a rape crisis center. The PNP and DSWD both maintained
help desks to assist victims of violence against women and to
encourage the reporting of crimes. With the assistance of NGOs,
officers received gender sensitivity training to deal with victims of
sexual crimes and domestic violence. Approximately seven to eight
percent of PNP officers were women. The PNP has a Women and
Children's Unit to deal with these issues. (Country Reports on Human
Rights Practices - 2006, U.S. Department of State: Bureau of
Democracy, Human Rights, and Labor, March 6, 2007, retrieved 201308-16)
These mandated agencies shall perform the following functions
and responsibilities:
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the
recovery
of
rape
survivors
and
other
support
interventions.
The Department of Health (DOH) on the other hand will provide a
space at the Regional Hospitals for the Rape Crisis Centers and make
available immediate medical assistance to victims of rape. They are
tasked to develop and adopt uniform medical examination procedures
including the accomplishment of forms or report, such as the conduct
of physical examination within 48 hours. Also to conduct training to
examining physicians and other health workers on gender sensitivity
core messages in the training of medical and health professionals.
Laslty, to ensure both the validity and confidentiality of the medical
records required in cases of litigation.
The Department of Interior and Local Governments (DILG) role is
for the establishment of Womens Desk in every precinct throughout
the country authorized among others to conduct investigation of rape
cases through the Philippine National Police (PNP). As well as to
conduct training to law enforcement officers and barangay officials on
human rights, gender sensitivity and legal management of rape cases
in coordination with appropriate officer or agencies. They are to
provide support to LGUs to assist victims of rape and to ensure the
sustainability of such services and to issue a memorandum order to
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Due to the nature of this crime, conviction for rape may be solely
based on the complainants testimony provided it is credible, natural,
convincing, and consistent with human nature and the normal course
of things. (People of the Philippines vs. Baraoil, G.R. No. 194608, July 9,
2012).
Strengths and Weaknesses of Republic Act 8353
Most of the basic features provided in Republic Act 8353 that are
considered as the strengths of the said law are; first, we have the
reclassification of rape from a crime against chastity to a crime against
persons (Sec. 2 of RA 8353). The significance of this policy is the
change in the way the state views rape; no longer as a sexual crime
but rather a violation of womens human rights.
Second, the definition of the crime of rape has been expanded in
which the scope of the law has broaden compared that of before; other
than penile penetration of the vaginal orifice, it is under the current law
that insertion of any instruments or objects, into the genital or anal
orifice of another person is now considered rape.
Third, in Chapter Three par. 1 (a) of the law, it states that a rape
is committed by a man who shall have carnal knowledge of a woman
through force, threat, or intimidation. The traditional perception was
that rape victims should establish physical resistance during the act. In
this part of the law, in which the researchers consider as one of its
strengths; here, physical resistance in rape need not be established,
now if threats and intimidation are employed it is considered rape.
In the case of People v. Adajio, the Court found that fear of bodily
harm and fear for the safety of her family prevented the therein
complainant from shouting for help, caused her to spread her legs
upon the order of her rapist, and compelled her to follow him to the
place where the second charge of rape occurred. It thus held that
physical resistance need not be established in rape when threats and
intimidation are employed and the victim submits herself to the
embrace of her rapist because of fear, as in the cases at bar. It is not
necessary that actual force or intimidation be employed; moral
influence or ascendancy takes the place of violence or intimidation.
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Failure to resist or to cry for help during those times that a victim
was raped, it cannot be taken against them. Verily, when threat,
intimidation and fear are employed there is no need to establish
physical resistance. In rape committed by a father against his
daughter, the fathers moral ascendancy and influence over the latter
substitute for violence and intimidation. (People of the Philippines v.
Felix Palgan G.R. No. 186234, December 21, 2009)
The moral and physical dominion of the father is sufficient to cow
the victim into submission to his beastly desires, and no further proof
need be shown to prove lack of the victims consent to her own
defilement. The familiar rule is that in passing upon the credibility of
witnesses, the highest degree of respect must be afforded to the
findings of the trial court unless there is proof of its misappreciation of
evidence. People vs. Balonzo, 533 SCRA 760. The law does not impose
a burden on the rape victim to prove resistance. (People of the
Philippines v. Salvino Sumingwa, G.R. No. 183619 October 13, 2009)
On the other hand, one of the weaknesses of the law was already
seen subsequent its passage. The new law applies to rapes definitely
not earlier than September 30, 1997, within three years time, any case
filed in the Regional Trial Court would have already gone all the way up
to a Supreme Court decision. Be that as it may, many of the Supreme
Court rape decisions during that period make mention of R.A. 8353
even though it was not applied based on the effectivity date. The said
gains during that time will be negated by at least two judicial factors.
First are the existing and continuing judicial doctrines, foremost being
the three fundamental guiding principles in the review of rape cases,
which perpetuate the various rape myths. And these are carried down
the line of the pillar of the criminal justice system, from the Supreme
Court to the lower courts and judges, to the Department of Justice and
its public prosecutors, and to the Philippine National Police the very
implementators of the law.
In connection, though there have been no R.A. No. 8353 cases
during the three-year period after it approval, there are many Supreme
Court decisions which state and restate what it considers as the three
fundamental guiding principles in the review of rape cases. In other
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words, three years of the new Anti-Rape law has so far had no
appreciable impact on a rethinking of these principles. Because of the
crucial role these principles play in deciding rape case, the study
focused on them with a view to legislative and judicial reform that the
new Anti-Rape law ha not brought about. (Two Laws on Rape: Twin
Imperatives for Justice and Healing by Merci Llarinas-Angeles)
The principles are invariably stated as follows:
1.
prove but more difficult for the person accused, though innocent, to
disprove it;
2.
In view of the intrinsic nature of the crime where two persons are
usually
involved,
the
testimony
of
the
complainants
must
be
The evidence for the prosecution must stand or fall on its own
the lying temptress. And in Western culture, Spenser shows this can
be traced back to the story of Adam and Eve in Genesis (55). With
more reason is this attitude entrenched in Catholic Philippines.
Speaking
of
rape
myths,
especially
those
entrenched
in
Rape
involves
the
loss
of
womans
most
prized
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1991.
The
credibility
of
the
complainant
is
significantly
IV.
CONCLUSION
Rape is an egregious violation of human dignity.
At its most
beyond the actual physical trauma. It is an attack on a persons selfesteem, autonomy, integrity, security, and even his or her humanity.
Although effects of rape are not limited to women, they are
disproportionately targeted. Violence against women in the form of
rape is not a new phenomenon.
The Congress of the Philippines, passed RA 8353, The Anti-Rape
Law of 1997. In 1998, the twin law, RA 8505, the Rape Assistance and
Protection Act, was also enacted. Although the women did not get all
the provisions that they wanted, they considered the passage of the
law a victory because a major policy change had occurred in the way
the state viewed rape.
In finality, a change in the existing mindset on rape, the
government, as the duty bearer in protecting womens rights can do
many things including the amendment of the Anti-Rape Law to
whereby the recommendations of the researchers be included such as
the use of electronic gadgets during the act of rape as one of its subprovisions, the issue of lack of consent, to ensure that proof of
resistance of any form will not be required of the complainants and the
revival of corporal punishment as one of the laws penalty.
V.
Electronic Gadgets
The use of electronic gadgets during the act of rape should be
included because there are many instances where this has happened.
Most of the victims are teenagers, students, who are raped, the act
recorded and then the video distributed. The researchers believed that
this should be articulated in the law and that it should be given ample
punishment.
Issue of Consent
The issue of consent is often the reason why most suspects of
rape are not prosecuted properly. There are many victims who agree
or, in a sense, forced to submit to the actions of the perpetrator
because the perpetrator is a person who is in a position of authority, or
is a threat, or someone who has moral ascendancy. That is why, when
they use their position, power and influence, it creates a situation
wherein the accuser will be forced, victimized because of the use of
power, influence, and moral ascendancy.
The researchers would want to include this under Section 2 of
Republic Act 8353, or the Presumption of Lack of Consent, of the said
law, are the following circumstances (House Bill No. 6170):
or moral
ascendancy;
is
deprived
of
reason
or
is
otherwise
unconscious;
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age and above, but he or she has the mental capacity of that of a
fifteen
(15) year old or below and the offender is of legal age.
not
strong
(http://www.doj.gov.ph,
enough
Philippine
to
serve
as
Government
deterrent.
Makes
Global
researchers
also
recommends
for
the
allocation
of
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