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Decision
G.R. No. 227363
females who had no prior relationship to the offender, and adult males)
vulnerable to sexual abuses. 127
To be sure, deliberation of Senate Bill No. 950 which became R.A.
No. 8353 reveals the legislative intent not to repeal acts of lasciviousness
under Article 336 of the RPC as a crime against chastity, but only to
reclassify rape as a crime against persons, thus:
Senator Enrile: x x x
As I indicated last week, I will support this bill but I would like to
clarify some points just to set the matters into the Record.
Mr. President, the first thing I would like to find out is the status of
this bill - whether this is going to be a statutory crime or a part of the
crimes defined in the Revised Penal Code.
There is a big difference between these two concepts, Mr.
President, because all of us who have studied law know in our course in
Criminal Law two of crimes: Crimes which we call malum prohibitum
which are statutory crimes and mala in se or crimes that would require
intent. That is why we always recite the principle that actus non facit
reum, nisi mens sit rea. Because in every crime defined in the Revised
Penal Code, we required what they call a mens rea, meaning intent to
commit a crime in almost all cases: attempted, frustrated and
consummated.
Now, am I now to understand, Madam Sponsor, that this type of
crime will be taken out of the Revised Penal Code and shall be covered by
a special law making it a statutory crime rather than a crime that is
committed with the accompaniment of intent.
Senator Shahani: Mr. President, we will recall that this was the
topic of prolonged interpellations not only by Senator Emile, but also by
Senator Sotto. In consultation with Senator Roco - we were not able to get
in touch with Senator Santiago - we felt that the purpose of this bill
would be better served if we limited the bill to amending Article 335 of
the Revised Penal Code, at the same time expanding the definition of rape,
reclassifying the same as a crime against persons, providing evidentiary
requirements and procedures for the effective prosecution of offenders,
and institutionalizing measures for the protection and rehabilitation of rape
victims and for other purposes. In other words, it stays within the Revised
Penal Code, and rape is associated with criminal intent.
Having said this, it means that there will be a new chapter. They
are proposing a new chapter to be known as Chapter III on rape, under
Title 8 of the Revised Penal Code. There it remains as a crime against
persons and no longer as a crime against chastity, but the criminal intent is
retained.
127
Supra note 35, at 247.
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