way, the two should be harmonized if possible; but if there is any conflict, the
latter shall prevail regardless of whether it was passed prior to the general
statute. Or where two statutes are of contrary tenor or of different dates but are of
equal theoretical application to a particular case, the one designed therefor
specially should prevail over the other.[27] (Emphases supplied)
After much deliberation, the Court herein observes that RA 8353 amending the RPC
should now be uniformly applied in cases involving sexual intercourse committed
against minors, and not Section 5 (b) of RA 7610. Indeed, w}file RA 7610 has been
considered as a special law that covers the sexual abuse of minors, RA 8353 has
expanded the reach of our already existing rape laws. These existing rape laws
should not only pertain to the old Article 335[28] of the RPC but also to the provision
on sexual intercourse under Section 5 (b)[29] of RA 7610 which, applying Quimvel's
characterization of a child "exploited in prostitution or subjected to other abuse,"
virtually punishes the rape of a minor.
It bears to emphasize that not only did RA 8353 re-classify the crime of Rape from
being a crime against chastity to a crime against persons,[30] it also provided for
more particularized instances of rape and conjunctively, a new set of penalties
therefor. Under RA 8353, Rape is considered committed not only through the
traditional means of having carnal knowledge of a woman (or penile penetration)
but also through certain lascivious acts now classified as rape by sexual assault:
Article 266-A. Rape: When and How Committed. - Rape is committed 1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by inserting his
penis into another person's mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person. (Emphasis supplied)
Moreover, RA 8353 provides for new penalties for Rape that may be qualified under
the following circumstances: