denominated as rape whether the penalty is from reclusion perpetua to death or whether the penalty is only prision mayor. So there is marital rape, Your Honor, is that correct? xxxx MR. DAMASING: Madam Speaker, Your Honor, I am in favor of this. I am in favor of punishing the husband who forces the wife even to 30 years imprisonment. But please do not call it marital rape, call it marital sexual assault because of the sanctity of marriage. x x x.110 (Emphasis ours) HON. APOSTOL: In our version, we did not mention marital rape but marital rape is not excluded. HON. ROCO: Yeah. No. But I think there is also no specific mention. HON. APOSTOL: No. No. No. Silent lang 'yung marital rape. xxxx HON. ROCO: xx x [I]f we can retain the effect of pardon, then this marital rape can be implicitly contained in the second paragraph. x x x So marital rape actually was in the House version x x x. But it was not another definition of rape. You will notice, it only says, that because you are the lawful husband does not mean that you cannot commit rape. Theoretically, I mean, you can beat up your wife until she's blue. And if the wife complains she was raped, I guess that, I mean, you just cannot raise the defense x x x[:] I am the husband. But where in the marriage contract does it say that I can beat you up? That's all it means. That is why if we stop referring to it as marital rape, acceptance is easy. Because parang ang marital rape, married na nga kami. I cannot have sex. No, what it is saying is you're [the] husband but you cannot beat me up. x x x. That's why to me it's not alarming. It was just a way of saying you're [the] husband, you cannot say when I am charged with rape x x x. PRESIDING OFFICER SHAHAN!: All right, so how do you propose it if we put it in[?] HON. ROCO: x x x [A]ll we are saying [is] that if you are the lawful husband does not mean you can have carnal knowledge by force[,] threat or intimidation or by depriving your wife reason, a grave abuse of authority, I don't know how that cannot apply. Di ba yung, or putting an instrument into the, yun ang sinasabi ko lang, it is not meant to have another classification of rape. It is all the same definition x x x. xxxx HON.ROCO: What is 266-F? x x x. Now if we can retain 266-F x x x, we can say that this rule is implicit already in the first proviso. It implies na there is an instance when a husband can be charged [with] rape x x x. HON. ROXAS: Otherwise, silent na. HON. ROCO: Otherwise, we are silent na. So parang i-delete natin ito. But it is understood that this rule of evidence is now transport[ed], put into 266-F, the effect of pardon. PRESIDING OFFICER APOSTOL: We will retain this effect of pardon. We will remove marital rape. HON. ROCO: No, yun ang, oo we will remove this one on page 3 but we will retain the one on page 8, the effect of pardon. x x x [I]t is inferred but we leave it because after all it is just a rule of