Guidelines in the proper designation of the offense when the elements of both statutory rape, i.e. victim is below the statutory age or is suffering from mental al retardation comparable to the intellectual capacity of a child below the statutory age, and qualified rape, i.e. twin circumstances of minority and relationship, or the age of the victim being below 7 years old, or the accused’s knowledge of the mental disability of the victim at the time of the commissions rape.:
1. The crime shall be denominated as QUALIFIED RAPE of a minor and not qualified statutory rape if any of the special qualifying aggravating circumstances is present, i.e. twin circumstances of minority and relationship, or the age of the victim being below 7 years old, or the accused’s knowledge of the mental disability of the victim at the time of the commission of rape. This rule shall apply whether the victim is below the statutory age or is suffering from mental retardation comparable to the intellectual capacity of a child below the statutory age.
2. The crime shall QUALIFIED RAPE of a minor and not qualified statutory rape if the crime is attended with two or more special qualifying aggravating circumstances, i.e. twin circumstances of minority and relationship, or the age of the victim being below 7 years old, or the accused’s knowledge of the mental disability of the victim at the time of the commission of rape. One of these aggravating circumstances is enough to qualify the crime. The unutilized special qualifying aggravating circumstances will be deemed as generic aggravating circumstances which may be appreciated if the facts warrant the imposition of a divisible penalty, i.e. existence of privileged mitigating circumstances under the Article 69 of the RPC , and penalties in cases of frustrated and attempted felonies, and for accomplices and accessories pursuant to Articles 50 to 57. Otherwise, any unutilized aggravating circumstances shall not be considered in the application of penalties.
3. The term “statutory age” in these guidelines shall mean either “below 12 years old” or “under 16 years old” depending on whether the crime of rape was committed before of after the effectivity of Republic Act No. 11648, respectively.[1]
Elements of qualified rape. – The elements of Qualified Rape under Article 266-A of the RPC are as follows: (1) the offender has carnal knowledge or sexual intercourse with woman; (2) the sexual intercourse was done by force and without consent; (3) the victim is under eighteen (18) at the time of the rape; and (4) the offender is the victims parent (whether legitimate, illegitimate or adopted.)[2]
The crime of rape becomes qualified 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. Thus, the elements of Qualified Rape are (1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under 18 years of age at the time of the rape; and (5) the offender is a parent (whether legitimate or illegitimate or adopted) of the victim.”[3] (Citations omitted)
“Statutory rape under Article 266-A(d) is committed by sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of it, to the sexual act. Proof of force, intimidation, or consent is unnecessary as they are not elements of statutory rape, for the absence of free consent is conclusively presumed when the victim is below the age of 12. At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent consent to the sexual act.”[4]
“All told, in the absence of proof showing that the mental age of the victim is below the legal age of consent, the sexual intercourse with a victim suffering from mental disability cannot be considered as statutory rape within the purview of of Article 266-A91) subparagraph (d) of the RPC, as amended. However, it being clear that AAA’s “moderate retardation” affected her ability to give consent, carnal knowledge with her amount to rape under subparagraph (b) of the same Code or against a woman “deprived or reason.”[5]
“When a grandfather commits the odious crime of rape against his own granddaughter who was a minor at the time of the commission of the offenses, as in this case, there is no need to prove actual force, threat or intimidation because his moral ascendancy or influence over the latter substitutes for violence and intimidation.”[6]
“Although accused was shown to have employed threats and intimidation to accomplish his evil desire, such threat or intimidation is unnecessary for the purpose of convicting accused-appellant of rape. Moral ascendancy substitutes force or intimidation in incestuous rape of a minor”[7]
[1] People v. ABC260708, G.R. No. 260708, January 23, 2024
[2] People v. Salaver, 839 Phil. 90 (2018) cited in People v. ZZZ, G.R. No. 265272, November 6, 2023
[3] People v. XXX, G.R No. 263227, August 2, 2023
[4] People v. DDD, G.R. No. 233323, August 26, 2020, cited in People v. XXX265439, November 13, 2023
[5] People v. XXX, G.R. No. 220145, August 30, 2023
[6] People v. XXX263553, November 20, 2023
[7] People v. XXX263553, November 20, 2023