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Final Thesis Defense
Final Thesis Defense
Definition of Family
Art. 149 of the Family Code
Quiao vs. Quiao, G.R. No. 176556
Prosecution of Rape and Extinction of
the Criminal Liability of Rape (Art. 344,
Art. 89 paragraph 7)
Amendments made to the crime of
Rape (R.A. 8353, Anti-Rape Law of
1997)
Definition of Violence (R.A. 9262, R.A.
9710)
Peace, order, liberty and human
dignity (1987 Philippine Constitution
Art. II Sec. 5 and 11)
Equal Protection of the laws (1987
Philippine Constitution Art. III Sec. 1)
Role of women in nation building (1987
Philippine Constitution Art.II, Sec. 14,
R.A. 7192, CEDAW)
B. Research Question
Will
the
protecPon
of
state
as
to
family
as
basic
unit
of
society
and
the
inviolability
of
marriage
be
upheld
in
the
event
that
marriage
is
used
as
a
tool
of
exPnguishment
of
criminal
liability
for
cases
of
rape?
Does
the
law
really
uphold
the
meaning
of
equal
protecPon
when
it
comes
to
penalizing
rape
oenders
with
the
punishment
of
reclusion
perpetua
with
regards
to
the
oenders
pardon
that
he
may
receive
upon
marrying
the
oended
party?
Will
the
marriage
of
the
male
oender
with
the
oended
woman
truly
help
the
woman
in
maximizing
their
capabiliPes
in
contribuPng
to
naPonal
development?
C. Significance of the Research
EXECUTIVE
LEGISLATIVE
JUDICIARY
Expanding
the
LimiPng
the
Full
exercise
of
implementaPon
scope
of
power
on
of
said
laws
on
exPnguishment
crimes
crimes
thus
of
criminal
Widening
the
expanding
the
liability
of
rape
implementaPon
job
and
power
EliminaPon
of
of
jusPce
of
execuPve
laws
not
in
branches.
consonance
with
our
ConsPtuPon
D. Scope of the Study
EXTINGUISHMENT of the Criminal
Liability of Rape as observed in the
following laws:
R. A. 8353
RPC: Art. 89, par. 7
RPC: Art. 344, par. 4
REVIEW
OF
RELATED
LITERATURE
RAPE AND SEXUAL VIOLENCE
Luo, Marciniak, Giacopassi,
Wilkinson & Rose: Rape has a
gender role wherein the man is the
offender and the woman is the
victim
Estrich, Tadros & Archard: Rape is a
crime against society and justice
should be upheld.
MARRIAGE, FAMILY LIFE AND
OTHER UNDERLYING CONCEPTS
Nazio: Women cohabitating with men
regardless of social standards and
legal impediments.
Dyer: Seduction with Promise of
Marriage
Clark & Richards: Escaping criminal
liability of rape through forced
marriages
WOMEN AND NATION BUILDING
Javellana: Women are still put in
secondary jobs.
Pecson & Ezer: Presented a
contradicting statement that women
are treated more fairly and are given
more opportunities to contribute to
national development.
CHAPTER
III
RESEARCH
FRAMEWORK
RESEARCH DESIGN
The editorial depicts a hand
that is crushing something.
In this research, the
researchers placed the law
used as the main focus of
the research in the middle
together with the other laws
that support it. While for the
fingers, the researchers
placed laws that supports
the researchers study
regarding the propriety of
using marriage as a tool for
extinguishing criminal liability
especially in cases involving
rape.
RESEARCH METHODOLOGY
The historical The psychological
approach shall also be used
method was applied in this study to understand
as per the relevance the different implications of
and usage of laws the crime of rape with
regards to the victim and
throughout the how our laws partake in the
course of history. It understanding of the
helps in mental facilities in
consonance with the
understanding the different parties involved in
application of the the crime of rape and how
one may act in line with the
law at different
usage of such remedies
periods in time. afforded to the offender.
CHAPTER
IV
CONCLUSION
1) sexual violence is committed
regardless of the pardon afforded to
the accused
NOT CONSTITUTIONAL
RECOMMENDATION
Repeal the provision of the
Revised Penal Code specifically
Art. 344 and related provisions
as per the extinguishment of the
criminal liability of rape by virtue
of marriage.
THANK
YOU
FOR
LISTENING
J