Amending Article 294(2) of the Revised Penal Code
Presidential Decree No. 767, issued on August 15, 1975, amends Article 294(2) of the Revised Penal Code in the Philippines to address the disparity in penalties for rape and robbery with rape. The decree establishes that robbery accompanied by rape, especially when involving a deadly weapon or multiple perpetrators, should carry a more severe penalty. Specifically, it sets the penalty for such cases to reclusion perpetua to death, aligning it with the existing penalties for rape committed under similar circumstances. This amendment aims to ensure that the punishment reflects the seriousness of robbery with rape as a crime. The decree took effect immediately upon its issuance.
Quick Answers
- What is Amending Article 294(2) of the Revised Penal Code about?
- Presidential Decree No. 767, issued on August 15, 1975, amends Article 294(2) of the Revised Penal Code in the Philippines to address the disparity in penalties for rape and robbery with rape. The decree establishes that robbery accompanied by rape, especially when involving a deadly weapon or multiple perpetrators, should carry a more severe penalty. Specifically, it sets the penalty for such cases to reclusion perpetua to death, aligning it with the existing penalties for rape committed under similar circumstances. This amendment aims to ensure that the punishment reflects the seriousness of robbery with rape as a crime. The decree took effect immediately upon its issuance.
- What type of law is Presidential Decree No. 767?
- Amending Article 294(2) of the Revised Penal Code (Presidential Decree No. 767) is a Philippine Presidential Issuances enacted by the Congress of the Philippines.
- When was Amending Article 294(2) of the Revised Penal Code enacted?
- Amending Article 294(2) of the Revised Penal Code (Presidential Decree No. 767) was enacted on Aug 15, 1975.
- What is the citation for Amending Article 294(2) of the Revised Penal Code?
- Amending Article 294(2) of the Revised Penal Code, Presidential Decree No. 767, Aug 15, 1975 (Philippines)
Law Information
- Reference Number
- Presidential Decree No. 767
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Presidential Decrees
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 15, 1975
PRESIDENTIAL DECREE NO. 767
AMENDING ARTICLE 294(2) OF THE REVISED PENAL CODE
WHEREAS, there is a disparity in the penalty for rape when committed with a deadly weapon or by two or more persons and that for robbery with rape when committed under the same circumstances, in the sense that the penalty for the former is reclusion perpetua to death while the penalty for the latter, which is more serious, is reclusion temporal in its medium period to reclusion perpetua; cd
WHEREAS, the disparity is due to the failure to make a corresponding increase in the penalty for robbery with rape after increasing the penalty for rape when committed with a deadly weapon or by two or more persons;
WHEREAS, the crime of robbery with rape is more serious than the crime of rape and should therefore be punished by the same penalty when committed under the same circumstances;
NOW, THEREFORE I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby decree as follows: casia
1. Article 294(2) of the Revised Penal Code is hereby amended to read as follows:
"ART. 294. Robbery with violence against or intimidation of persons — Penalties.— Any person guilty or robbery with the use of violence against or intimidation of any person shall suffer:
xxx xxx xxx
2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of article 263 shall have been inflicted; PROVIDED, HOWEVER, THAT WHEN THE ROBBERY ACCOMPANIED WITH RAPE IS COMMITTED WITH THE USE OF A DEADLY WEAPON OR BY TWO OR MORE PERSONS THE PENALTY SHALL BE RECLUSION PERPETUA TO DEATH. acd
xxx xxx xxx
2. This Decree shall take effect immediately. acd
DONE in the City of Manila, this 15th day of August, in the year of Our Lord, Nineteen Hundred and Seventy-Five.
Cite This Law
Amending Article 294(2) of the Revised Penal Code, Presidential Decree No. 767, Aug 15, 1975 (Philippines)
Amending Article 294(2) of the Revised Penal Code, Presidential Decree No. 767 (Phil. 1975)
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