CRIMES AGAINST PERSONS

RAPE THROUGH SEXUAL INTERCOURSE

Rape through sexual intercourse is committed by a man who shall have has carnal knowledge of
a woman: (1) through force, threat, or intimidation; (2) when the offended party is deprived of
reason or otherwise unconscious; (3) by means of fraudulent machination or grave abuse of
authority; or (4) when the offended party is under 12 years of age or is demented. (Article 226-
A)

REPUBLIC ACT NO. 11648, March 04, 2022

Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as "The
Revised Penal Code," as amended by Republic Act No. 8353 known as "The
Anti-Rape Law of 1997," is hereby further amended to read as follows:

"Article 266-A. Rape; When and How Committed. - Rape is committed:

"1) By a person who shall have carnal knowledge of another person under any
of the following circumstances:

"x x x"

d) When the offended party is under sixteen (16) years of age or is demented,
even though none of the circumstances mentioned above be
present: Provided, That there shall be no criminal liability on the part of a
person having carnal knowledge of another person under sixteen (16) years
of age when the age difference between the parties is not more than three (3)
years, and the sexual act in question is proven to be consensual, non-abusive,
and non-exploitative: Provided, further, That if the victim is under thirteen
(13) years of age, this exception shall not apply.

Carnal Knowledge
Carnal knowledge is defined as the act of a man having sexual intercourse or sexual bodily
connections with a woman. (People U. Pareja, G.R. No. 188979, September 5, 2012)

RAPE THROUGH SEXUAL ASSAULT

Rape through sexual assault is committed by a person, who inserts his penis into the mouth or
anal orifice, or instrument or object into the genital or anal orifice of another person: (1) through
force, threat, or intimidation; (2) when the offended party is deprived of reason or otherwise
unconscious; (3) by means of fraudulent machination or grave abuse of authority; or (4) when
the offended party is under twelve years of age or is demented. (Article 266-A)

Example:

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 A, a male, takes B, another male, to a motel and there, through threat and intimidation,
succeeds in inserting his penis into the anus of B. The crime committed is rape
through sexual assault.

Swallowing the penis of a 12-year old victim is not rape through sexual assault. In rape
through sexual assault, offender should insert his penis into the mouth of the victim,
and not the other way around.

Rape Through Sexual Intercourse and Rape Through Sexual Assualt

Rape through sexual intercourse, which is commonly denominated as "organ rape" or "penile
rape," is committed by a man by having carnal knowledge with a woman. This is a gender crime
since the offender must be a man while the victim must be a woman. On the other hand, there are
three kinds of rape by sexual assault, to wit: (1) instrument or object rape, which is committed by
inserting an instrument or object into the genital or anal orifice of another person; (2) rape
through oral intercourse, which is committed by inserting his penis into another person's mouth;
and (3) rape through sodomy, which is committed by inserting his penis into another person's
anal orifice. In rape through sexual assault, the gender of the offender and the victim is not
material. That is why this crime is called "gender-free rape”. (People v. Soria, G.R. No.179031,
November 14, 2012)

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Kidnapping and serious illegal detention is committed by a private individual who shall kidnap
or detain another, or in any other manner deprive him of his liberty provided that any of the
following circumstances is present:
1. The kidnapping or detention shall have lasted more than three days;
2. Simulation of public authority;
3. The purpose of the kidnapping or detention is extorting ransom from the victim or any
other person; or
4. The victim is a female or public officer;
5. The victim is a minor except when the accused is his parent;
6. The victim is subjected to serious physical injuries, threats to kill, to torture or
dehumanizing acts; or
7. When the victim is killed or dies as a consequence of the detention or is raped.
(Article 267)

SLIGHT ILLEGAL DETENTION

Slight illegal detention is committed by a private individual, who kidnaps or detains another, or
in any other manner deprives him of his liberty but without the attendance of any of the

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circumstances that will qualify the crime into kidnapping and serious illegal detention.
(Article 268)

To be held liable for slight illegal detention, it is indispensable that the detention has not lasted
for more than three days, the victim is not a minor, a female or a public officer, and there is
neither simulation of public authority, nor serious physical injuries, nor threat to kill. Even
though none of the abovementioned circumstances were present in the commission of the
offense, the crime is kidnapping if it is committed for purposes of extorting ransom from the
victim or any other person, or if the victim is killed or dies in the course of the detention.

CRIMES AGAINST PROPERTY THEFT

ROBBERY

Robbery is committed by any person who takes a personal property belonging to another with
intent to gain by means of violence against or intimidation of any person, or using force upon
things. (Article 293)

THEFT

Theft is committed by any person who takes personal property of another without the latter's
consent with intent to gain but WITHOUT violence against or intimidation of persons or
force upon things. (Article 308)

QUALIFIED THEFT

Qualified theft is committed by any person who takes personal property of another without the
latter's consent with intent to gain and with any of the following qualifying circumstance:
1. Grave abuse of confidence;
2. Domestic servant;
3. Xxx (Article 310).                                                                                                                                          

CRIMES COMMITTED BY PUBLICOFFICERS

DIRECT BRIBERY

There are three ways of committing direct bribery, to wit: (1) By agreeing to perform a crime;
(2) by accepting a gift to perform a [unjust] act; and (3) by agreeing to refrain from
performing an official duty.

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INDIRECT BRIBERY

Indirect bribery is committed by any public officer who shall accept gifts offered to him by
reason of his office. (Article 211)

CORRUPTION OF PUBLIC OFFICER

Corruption of public official is committed by any person who shall offer or promise or shall
give the gifts or presents to a public officer, who commits direct bribery, qualified direct
bribery or indirect bribery. (Article 212)

CRIMES AGAINST CHASTITY

ADULTERY

Adultery is committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who sexual has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void. (Article 398)

CONCUBINAGE

Concubinage is committed by a husband: (1) who shall keep a mistress in the conjugal
dwelling; (2) who shall have sexual intercourse with a woman who is not his wife under
scandalous circumstances; or (3) who shall cohabit with her in any other place. (Article 334)

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

BIGAMY

Bigamy is committed by any person who shall contract a second or subsequent marriage
before the former marriage has been legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered in the proper proceedings.
(Article 349)

CRIMES AGAINST HONOR

INTRIGUING AGAINST HONOR

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Intriguing against honor is committed by intriguing a person, which has for its principal purpose
to blemish his honor or reputation.(Article 364)

Gossiping

Gossiping may constitute oral defamation or intriguing against honor. If the gossiping
directly imputes to the offended party a crime or defamatory condition, the crime
committed is oral defamation. If the gossiping imputes to the offended party a crime or
defamatory condition without knowing the source thereof, the crime committed is
intriguing against honor.

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