YOURE NOT SORRY

Propriety of Using Marriage as a

Cause of Extinguishment of the
Criminal Liability of Rape

Researchers:
Christelle Ayn D. Baldos, 11143614
Ivan Chris T. Luzuriaga, 11200073

PRCLMGT Term 2 A.Y. 2014 - 2015


 CHAPTER I
Introduc)on to the Research
 A. Background of the Research
Definition of Marriage
Art. 15, Sec. 2 1987 Philippine Constitution
Manuel vs. People, G.R. No. 165842

Definition of Family
Art. 149 of the Family Code
Quiao vs. Quiao, G.R. No. 176556
 Prosecution of Rape and Extinction of
the Criminal Liability of Rape (Art. 344,
Art. 89 paragraph 7)
Amendments made to the crime of
Rape (R.A. 8353, Anti-Rape Law of
1997)
Definition of Violence (R.A. 9262, R.A.
9710)
 Peace, order, liberty and human
dignity (1987 Philippine Constitution
Art. II Sec. 5 and 11)
Equal Protection of the laws (1987
Philippine Constitution Art. III Sec. 1)
Role of women in nation building (1987
Philippine Constitution Art.II, Sec. 14,
R.A. 7192, CEDAW)
 B. Research Question
Will the protecPon of state as to family as basic unit of
society and the inviolability of marriage be upheld in the
event that marriage is used as a tool of exPnguishment
of criminal liability for cases of rape?
Does the law really uphold the meaning of equal
protecPon when it comes to penalizing rape oenders
with the punishment of reclusion perpetua with regards
to the oenders pardon that he may receive upon
marrying the oended party?
Will the marriage of the male oender with the oended
woman truly help the woman in maximizing their
capabiliPes in contribuPng to naPonal development?
C. Significance of the Research
EXECUTIVE LEGISLATIVE JUDICIARY
Expanding the LimiPng the Full exercise of
implementaPon scope of power on
of said laws on exPnguishment crimes
crimes thus of criminal Widening the
expanding the liability of rape implementaPon
job and power EliminaPon of of jusPce
of execuPve laws not in
branches. consonance with
our ConsPtuPon
 D. Scope of the Study
EXTINGUISHMENT of the Criminal
Liability of Rape as observed in the
following laws:
R. A. 8353
RPC: Art. 89, par. 7
RPC: Art. 344, par. 4

WOMEN as a focus of this research

 CHAPTER II

REVIEW OF RELATED
LITERATURE
RAPE AND SEXUAL VIOLENCE
Luo, Marciniak, Giacopassi,
Wilkinson & Rose: Rape has a
gender role wherein the man is the
offender and the woman is the
victim
Estrich, Tadros & Archard: Rape is a
crime against society and justice
should be upheld.
 MARRIAGE, FAMILY LIFE AND
OTHER UNDERLYING CONCEPTS
Nazio: Women cohabitating with men
regardless of social standards and
legal impediments.
Dyer: Seduction with Promise of
Marriage
Clark & Richards: Escaping criminal
liability of rape through forced
marriages
WOMEN AND NATION BUILDING
Javellana: Women are still put in
secondary jobs.
Pecson & Ezer: Presented a
contradicting statement that women
are treated more fairly and are given
more opportunities to contribute to
national development.
 CHAPTER III

RESEARCH FRAMEWORK
 RESEARCH DESIGN
The editorial depicts a hand
that is crushing something.
In this research, the
researchers placed the law
used as the main focus of
the research in the middle
together with the other laws
that support it. While for the
fingers, the researchers
placed laws that supports
the researchers study
regarding the propriety of
using marriage as a tool for
extinguishing criminal liability
especially in cases involving
rape.
 RESEARCH METHODOLOGY
The historical The psychological
approach shall also be used
method was applied in this study to understand
as per the relevance the different implications of
and usage of laws the crime of rape with
regards to the victim and
throughout the how our laws partake in the
course of history. It understanding of the
helps in mental facilities in
consonance with the
understanding the different parties involved in
application of the the crime of rape and how
one may act in line with the
law at different
usage of such remedies
periods in time. afforded to the offender.
 CHAPTER IV

DISCUSSION OF LEGAL ISSUES

 R.A. No. 8353: The Anti-Rape
Law of 1997
Shift from crimes against Chastity ->
Persons
violates not merely the chastity but the very
core of the victims person, like murder or
homicide, which are considered as crimes
against persons
Revolutionized definition of Rape
Gender-free rape - Due to the expansion of the
definition, rape can now be committed
against a woman or a man. (Although the
focus of the study is about women only)

 Private Crime to Public Crime
Not necessarily that the victim and her
family could file the case of rape,
someone who has knowledge could file
the crime of rape
 1st: Family, Marriage, and Rape
Family basic unit of society (Art. 15
Sec. 1 of the Constitution)
Marriage inviolable social institution, is
the foundation of the family and shall be
protected by the State (Art. 15 Sec. 2
of the Constitution)
Rape an invasion of the integrity of
ones body and a violation of freedom
and self-determination wherever it
happens to take place, in or out of the
marriage bed (Records of the Senate)
 Family and Marriage should be subject to
the protection of the State according to
the Constitution

xx the family is a social institution. And any

violation against the social institution is
supposed to be a public crime because it
is not the victim herself who is basically
affected, but the entire family, if not a clan
or including perhaps the relatives of the
victim.
 2nd: EQUAL PROTECTION: AN
IMBALANCE IN RIGHTS AND
PRIVILEGES
Two sides of the scenario
Rape offender who will not be subject to
any criminal liability because he married
the offended party
Rape offender who is subject to criminal
liability because he was not given pardon
by the offended party.
 Equal protection clause (Art. 3 Sec. 1)
Rape is mala in se because the act
itself constitutes a grave wrong to
society the moment that it is
committed, and not just because a
law prohibits the crime to be
committed.
Sexual violence is committed either
way.
3 :
rd Women in Nation Building
does not support the victim in terms of
the support that one gets to get back
on ones feet to continue being a
progressive citizen contributing to the
development of the nation
the presumption of psychological
damage sustained after being
victimized
CHAPTER V

CONCLUSION
1) sexual violence is committed
regardless of the pardon afforded to
the accused

-Pardon to be given does not change

anything in whatever situation they are
-Not upholding the rights of a person
regardless of their standing in life.
2) rape is no longer a crime against
chastity

-According to Sec 2 of R.A. 8353 also

known as The Anti-Rape Law of 1997
 CONCLUSION

NOT CONSTITUTIONAL

State and family & marriage

relations
Equal Protection Clause
Women in Nation Building
 CHAPTER VI

RECOMMENDATION
 Repeal the provision of the
Revised Penal Code specifically
Art. 344 and related provisions
as per the extinguishment of the
criminal liability of rape by virtue
of marriage.
THANK YOU FOR LISTENING J

Youre Not Sorry

Baldos & Luzuriaga, 2014