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.
The explicit intent to outlaw marital rape is deducible from the records of the deliberations of the 10th
Congress on the law's progenitor's, House Bill No. 6265 and Senate Bill No. 650. In spite of qualms
on tagging the crime as 'marital rape' due to conservative Filipino impressions on marriage, the
consensus of our lawmakers was clearly to include and penalize marital rape under the general
definition of 'rape,' viz:
MR. DAMASING: Madam Speaker, Your Honor, one more point
of clarification in the House version on Anti-Rape Bill, House Bill No. 6265, we never agreed to
marital rape. But under Article 266-C, it says here: "In case it is the legal husband who is the
offender... " Does this presuppose that there is now marital rape? x x x.
MR. LARA: x x x [I]n this jurisdiction, well, I only have a limited, very limited 17 years of private
practice in the legal profession, Madam Speaker, and I believe that I can put at stake my license as
a lawyer in this jurisdiction there is no law that prohibits a husband from being sued by the wife for
rape. Even jurisprudence, we don't have any jurisprudence that prohibits a wife from suing a
husband. That is why even if we don't provide in this bill expanding the definition of crime that is now
being presented for approval, Madam Speaker, even if we don't provide here for marital rape, even if
we don't provide for sexual rape, there is the right of the wife to go against the husband. The wife
can sue the husband for marital rape and she cannot be prevented from doing so because in this
jurisdiction there is no law that prohibits her from doing so. This is why we had to put second
paragraph of 266-C because it is the belief of many of us. x x x, that if it is true that in this jurisdiction
there is marital rape even if we don't provide it here, then we must provide for something that will
unify and keep the cohesion of the family together that is why we have the second paragraph.
MR. DAMASING: Madam Speaker, Your Honor, under the House version specifically House Bill No.
6265 our provision on a husband forcing the wife is not marital rape, it is marital sexual assault.
MR. LARA: That is correct, Madam Speaker.
MR. DAMASING: But here it is marital rape because there is no crime of sexual assault. So, Your
Honor, direct to the point, under Article 266-C, is it our understanding that in the second paragraph,
quote: "In case it is the legal husband who is the offender, this refers to marital rape filed against the
husband? Is that correct?
MR. LARA: No, Madam Speaker, not entirely, no. The answer is no.
MR. DAMASING: So if the husband is guilty of sexual assault, what do you call- it?
MR. LARA: Sexual assault, Madam Speaker.
MR. DAMASING: There is no crime of sexual assault, Your Honor, we have already stated that.
Because under 1 and 2 it is all denominated as rape, there is no crime of sexual assault. That is why
I am sorry that our House version which provided for sexual assault was not carried by the Senate
version because all sexual crimes under this bicameral conference committee report are all now