Question

ARTICLE 266-B QUALIFIED RAPE Rape under both acts of committing it is qualified by the following:

Accepted Answer

T/N: Rape is punishable by death if it falls under any of 4-14 circumstances.

1. When rape is committed with the use of a deadly weapon or by two or more persons;

2. When by reason or occasion of rape, the victim has become insane;

3. When the rape is attempted and a homicide is committed by reason of or on the occasion of rape (special complex crime);

4. When by reason of or on occasion of rape, homicide is committed (special complex crime)

5. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim;

6. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;

7. When the rape is committed in full view of the spouse, parent, or any of the children or other relatives within the third civil degree of consanguinity;

8. 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;

9. When the victim is a child below 7 years old;

10. 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;

11. When committed by any member of the AFP or para-military units thereof of 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;

12. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;

13. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime;

14. When the offender knew of the mental disability, emotional disorder and/or physical disability of the offended party at the time of the commission of the crime.

Rape Victim Offender Committed Reason Occasion Commission Law