30/12/2025
The has clarified that the proper term for the crime under Article 266-A(1)(a) of the ๐๐ฆ๐ท๐ช๐ด๐ฆ๐ฅ ๐๐ฆ๐ฏ๐ข๐ญ ๐๐ฐ๐ฅ๐ฆ (๐๐๐) is ๐ณ๐ข๐ฑ๐ฆ and not ๐ด๐ช๐ฎ๐ฑ๐ญ๐ฆ ๐ณ๐ข๐ฑ๐ฆ.
In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SCโs Third Division affirmed a manโs conviction for ra**ng a 13-year-old girl, sentencing him to a maximum of 40 years in prison.
The accused was found guilty by the Regional Trial Court and the Court of Appeals of ๐ด๐ช๐ฎ๐ฑ๐ญ๐ฆ ๐ณ๐ข๐ฑ๐ฆ.
Under Article 266-A(1)(a) of the RPC, ๐ณ๐ข๐ฑ๐ฆ is committed when a man has sexual in*******se with a woman through force, threat, or intimidation.
The SC affirmed his conviction and also took the opportunity to clarify that the crime should be referred to as ๐ณ๐ข๐ฑ๐ฆ instead of ๐ด๐ช๐ฎ๐ฑ๐ญ๐ฆ ๐ณ๐ข๐ฑ๐ฆ:
โAfter all, there is nothing โsimpleโ about R**e and referring to it in such a manner downplays its severity and desensitizes the public to the harm it inflicts,โ said the SC.
While ๐ณ๐ข๐ฑ๐ฆ was initially classified as a crime against chastity under Article 335 of the RPC, Republic Act No. 8353, or the ๐๐ฏ๐ต๐ช-๐๐ข๐ฑ๐ฆ ๐๐ข๐ธ ๐ฐ๐ง 1997, reclassified it as a crime against persons.
Crimes against chastity, such as adultery and seduction, are generally private crimes which focus on protecting the victimโs honor.
On the other hand, crimes against persons, such as homicide, murder, and physical injuries, aim to protect individualsโ bodily integrity and well-being.
Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=157708.
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=157708.
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