RECEIVED

Republic of the Philippines are _2 3 AUG 2016

HOUSE OF REPRESENTATIVES mE
Quezon City, Metro Manila —

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BY: faye

ATION UAT

SEVENTEENTH CONGRESS
First Regular Session

8239

HOUSE BILL NO.

INTRODUCED BY: HONORABLE ROGELIO D. PACQUIAO,

EXPLANATORY NOTE,

‘There is almost nothing more deplorable than receiving news of a crime that discounts both
the honor and the life of the victim.

Filipinos are repeatedly angered by increasing reports of crimes of rape, with more rage in
the cases that come with the death of the victim. Honor in chastity is as priceless as life.

‘The danger does not only come from unknown persons, but at times from within the comers
of the home that should have been safe. Criminals have violated and victimized even children of
mean ages, The futures of the victims are lost. Families are destroyed, and the shame of the country
follows the growing number of crimes of rape.

The State has a duty to protect its people from those who have lost their moral values. The
increasing incidents of rape, and especially those that result in the death of the victim, must be
addressed.

‘The present bill is being filed separate from similarly intended bills for other kinds of
crimes in order for the bill to be given the greater consideration that it deserves and with distinet
attention to crimes of rape as against other crimes.

This will show that the State is deliberate in strengthening its responsibility to secure the

safety of people in the country against those who want to violate their honor,

In view of the foregoing, approval of this bill is eamestly sought



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HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3239

HOUSE BILL NO,

INTRODUCED BY: HONORABLE ROGELIO D. PACQUIAO

“AN ACT
‘TO IMPOSE THE DEATH PENALTY ON THE HEINOUS CRIME OF AGGRAVATED
RAPE, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS
AMENDED, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

WHEREAS, the Constitution, specifically Article Ill, Section 19 paragraph (1) thereof,
states “Excessive fines shall not be imposed nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. .

WHEREAS, the crimes punishable by death under this Act are heinous for being grievous.
and hateful offenses and which, by reason of their inherent or manifest wickedness.
ess, atrocity and perversity are repugnant and outrageous to the common standards and
norms of decency and morality in a just. civilized and ordered society;

WHEREAS, the alarming upsurge of such crimes has resulted not only in the loss of
human lives but also undermined the people’s faith in the Government and the latter’s ability to
maintain peace and order in the country;

WHEREAS, the Congress, in the justice. public order and the rule of law. and the need to
rationalize and harmonize the penal sanctions for the heinous crimes, finds compelling reasons to
impose the death penalty for said crimes

Now, therefore,

Section 1. Declaration of Policy It is hereby declared the policy of the State to foster
and ensure not only obedience to its authority, but also to adopt such measures as would effectively
promote the maintenance of peace and order, the protection of life. liberty and property, and the
promotion of the general welfare which are essential for the enjoyment by all the people of the
blessings of democracy ina just and humane society;

Section 2, Article 335 of the same Code is hereby amended to read as follows:

“Art, 335, When and how rape is committed, ~ Rape is committed by having
carnal knowledge of a woman under any of the following circumstances

1. By using force or intimidation:

When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age or is demented.


The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon
or by two or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the vietim has become
insane, the penalty shall be death

When the rape is attempted or frustrated and @ homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion perpetua to death,

When by reason or on the oceasion of the rape. a homicide is committed,
the penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed
with any of the following attendant circumstances:

. when the vietim is under eighteen (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 vietim

2. when the vietim is under the custody of the police or military authorities.

3. when the rape is committed in full view of the husband, parent, any of
the children or other relatives within the third degree of consanguinity

4, when the vietim is a religious or a child below seven (7) years old,

. when the offender knows that he is afflicted with Acquired Immune
Deficiency Syndrome (AIDS) disease.

6, when committed by any member of the Armed Forces of the Philippines
or the Philippine National Police or any law enforcement agency.

fered

7. when by reason or on the occasion of the rape, the vietim has sui
permanent physical mutilation.”

Section. 3. Republic Act No, 9346 is hereby repealed or amended insofar as it
prohibits the imposition of death penalty for the crimes provided in this Act. All other laws,
presidential decrees and issuances, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly

Section 4. If, for any reason or reasons, any part of the provision of this Act shall be held
to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

Section 5. This Act shall take effect fifteen (15) days after its publication in wo (2) national
newspapers of general circulation. The publication shall not be later than seven (7) days afier the
approval hereof.

Approved,