Penalty for rape
ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
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The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1. When the victim 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 victim.
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Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
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Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article. (Emphasis supplied)
It is clear from Article 266-B that generally the penalty for rape through
sexual assault is prision mayor. If qualifying circumstances have
attended the crime and the same have been properly alleged in the information
the penalty imposed would be increased to reclusion temporal.
In
People v. Salvador (G.R. No. 207815, June 22, 2015), the crime committed was
rape through sexual assault. It was established that BBB, the private
complainant, was under 18 years of age at the time of the crime and that
appellant is her father, a qualifying circumstance; hence, the proper penalty
to be imposed should be reclusion temporal. The penalty that was imposed
against the acccused was an indeterminate penalty of nine (9) years
of prision mayor, as minimum, to fourteen (14) years, eight (8) months
and one (1) day of reclusion temporal, as maximum.
BBB was
also held to be entitled to damages. Indeed, in People v. Buclao,[37] it
was ruled that, in rape cases, the award of civil indemnity is mandatory upon
proof of the commission of rape; whereas moral damages are automatically
awarded without the need to prove mental and physical suffering and that
exemplary damages are also imposed, as example for the public good and to
protect minors from all forms of sexual abuse. However, to conform with
current jurisprudence on the award of damages respecting the crime of
qualified rape by sexual assault, the High Court awarded BBB P30,000.00 as
civil indemnity upon the finding of the fact of rape, P30,000.00 as moral
damages automatically awarded in rape case without need of proof and
P30,000.00 as exemplary damages.[38]
[37] G.R. No. 208173, June 11, 2014, p.10.
[38] See People v. Castillo, G.R. No. 193666, February 19, 2014, at 135 and People v. Bonaagua, G.R. No. 188897, June 6, 2011, 650 SCRA 620, 643.
