SC expands scope of ‘certified rape of minor’

The Supreme Courtroom constructing on Padre Faura Avenue in Manila. —Inquirer photograph

MANILA, Philippines — The Supreme Courtroom has expanded the scope of the crime “certified rape of a minor” and elevated the minimal damages awarded to victims, in a ruling that amended the rules on the right authorized phrases in rape circumstances involving kids.

The expanded pointers now cowl all 10 particular qualifying aggravating circumstances—situations that enhance the penalty for the crime—listed beneath Article 266-B of the Revised Penal Code, up from the earlier three components.

In addition they raised the minimal damages for victims to P150,000 every—for civil indemnity, ethical damages and exemplary damages—from the earlier P75,000.

“That is due to the depravity of rape dedicated by offenders with perverse or aberrant sexual conduct towards the sufferer who’s under the statutory age or is affected by psychological retardation corresponding to the mental capability of a kid under the statutory age,” the Supreme Courtroom mentioned.

Father-daughter case

The adjustments had been contained in an en banc decision promulgated in April however made public on Wednesday within the felony case G.R. No. 260708.

The ruling penned by retired Affiliate Justice Mario Lopez denied the movement for reconsideration of a person convicted of raping his 8-year-old daughter.

A trial court docket initially convicted him of certified rape based mostly on the sufferer’s minority and their relationship.

The Courtroom of Appeals affirmed the conviction however modified the designation of the crime to “certified statutory rape.”

The Supreme Courtroom rectified this confusion and incorrect authorized time period, saying the right designation must be “certified rape of a minor.”

Below the Revised Penal Code (RPC), statutory rape is dedicated when a person has sexual activity with a lady under 12, even with out pressure, risk, or intimidation, or with a girl whose mental age is under 12.

Republic Act No. 11648 enacted in 2022 raised the age threshold for statutory rape from under 12 to beneath 16.

Aggravating components

In the meantime, certified rape refers to a sexual activity with a girl towards her will, dedicated beneath any of the circumstances listed in Article 266-B of the RPC, akin to abuse of authority, ethical ascendancy, relationship, or the sufferer’s vulnerability—components that justify a heavier penalty.

Whereas the Supreme Courtroom had persistently used the time period certified rape even when there are components of statutory rape, it famous that some rulings since 2014 used the improper authorized time period “certified statutory rape.”

In its 2024 foremost determination on the case, the excessive court docket already issued pointers stating that when the weather of each statutory rape and certified rape are current, the right designation is “certified rape of a minor.”

Beforehand, the Supreme Courtroom solely included three aggravating circumstances beneath this crime: minority and relationship, the sufferer’s age being under 7 years previous, and information of the sufferer’s psychological incapacity.

Within the expanded scope, the particular qualifying aggravating circumstances now embrace the next situations:

• when the sufferer is beneath police, navy, legislation enforcement, or penal custody;
• when the rape is dedicated within the presence of the sufferer’s partner, father or mother, youngster, or family inside the third civil diploma;
• when the sufferer is a recognized member of a legit non secular vocation.
• when the offender has HIV/Aids or one other sexually transmissible illness and transmits it to the sufferer;
• when the crime is dedicated by a member of the Armed Forces of the navy, paramilitary items, police, or different legislation enforcement or penal companies who abuses the place;
• when the sufferer suffers everlasting bodily mutilation or incapacity;
• when the offender is aware of the sufferer is pregnant.

“As an illustration, the crime must be denominated as ‘certified rape of a minor’ within the rape that transpired earlier than the effectivity of Republic Act No. 11648 towards an 11-year-old sufferer dedicated in full view of the father or mother or different family inside the third civil diploma of consanguinity,” the Supreme Courtroom defined.

Civil legal responsibility

Below the amended pointers, the Supreme Courtroom mentioned against the law shall be known as certified rape if any of the situations talked about in Article 266-B of the RPC is current and the sufferer will not be under the statutory age or is affected by psychological retardation corresponding to the mental capability of a kid under the statutory age.

The minimal quantity of civil legal responsibility for this case is P100,000 every for civil indemnity, ethical and exemplary damages.

“One of many particular qualifying aggravating circumstances talked about in Article 266-B of the RPC is ample to qualify the crime,” the Supreme Courtroom famous.

For statutory rape, the excessive court docket clarified that the sufferer must be under the statutory age—both under 12 or 16 relying on whether or not the crime of rape was dedicated earlier than or after the effectivity of RA 11648, respectively.

The rules are relevant solely to rape by way of carnal information and to not rape by way of sexual assault. /cb