SC clarifies definition, will increase damages

INQUIRER FILES

MANILA, Philippines — The Supreme Courtroom (SC) has issued amended tips that broaden the scope of what’s thought of certified rape of a minor and improve the minimal damages awarded to victims.

In a decision written by retired Affiliate Justice Mario V. Lopez, the SC denied the attraction filed by a father convicted of raping his eight-year-old daughter. The ruling used the case to set a brand new precedent that applies to comparable crimes.

The daddy was convicted by the Regional Trial Courtroom for certified rape based mostly on the sufferer’s age and relationship.

The Courtroom of Appeals affirmed the conviction however modified the designation of the crime to certified statutory rape.

In denying the daddy’s attraction, the SC additionally resolved the inconsistencies in earlier court docket rulings by offering the excellence between”certified rape,” “statutory rape,” and “certified rape of a minor.”

• Certified Rape applies when one of many circumstances beneath Article 266-B of the Revised Penal Code exists similar to abuse of authority, ethical ascendancy, relationship, or the sufferer’s vulnerability. These circumstances justify a heavier penalty.
• Statutory Rape is the time period for circumstances the place the sufferer is beneath 12 years outdated, even with out power, menace, or intimidation. This time period can also be relevant to a sufferer whose mental age is beneath 12.
• Certified Rape of a Minor is the proper time period when any of the ten particular qualifying aggravating circumstances listed in Article 266-B of the Revised Penal Code (RPC) are current and the sufferer is beneath the statutory age or has a psychological incapacity. This class now covers a broader vary of circumstances than earlier than.

Relating to penalty, the SC has elevated the minimal civil damages that courts can award. These new minimums are set to extend additional if the accused dedicated the crime with further cruelty.

The brand new minimal damages are as follows:

• Certified Rape of a Minor: At the very least P150,000 every for civil indemnity, ethical damages, and exemplary damages.
• Certified Rape: At the very least P100,000 every for civil indemnity, ethical damages, and exemplary damages.
• Statutory Rape: At the very least P75,000 every for civil indemnity, ethical damages, and exemplary damages.

The rules additionally make clear the definition of statutory age which is now beneath 16 years outdated, as mandated by Republic Act No. 11648 or the Anti-Rape Regulation. Nevertheless, for crimes dedicated earlier than the legislation took impact, the age continues to be thought of to be beneath 12 years outdated.

The court docket specified that these amended tips don’t apply to circumstances of rape via sexual assault./mcm