Amending Article 294(2) Of The Revised Penal Code

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 767 August 15, 1975

AMENDING ARTICLE 294(2) OF THE REVISED PENAL CODE

WHEREAS, there is a disparity in the penalty for rape when committed with a deadly weapon or by two or more persons and that for a robbery with rape when committed under the same circumstances, in the sense that the penalty for the former is reclusion perpetua to death while the penalty for the latter, which is more serious, is reclusion temporal in its medium period to reclusion perpetua;

WHEREAS, the disparity is due to the failure to make a corresponding increase in the penalty for robbery with rape after increasing the penalty for rape when committed with a deadly weapon or by two or more persons;

WHEREAS, the crime of robbery with rape is more serious than the crime of rape and should therefore be punished by the same penalty when committed under the same circumstances;

NOW, THEREFORE I, FERDINAND E. MARCOS, President of the Philippines, by virtue of...

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Summary of Presidential Decree No. 767

Amending Article 294(2) of the Revised Penal Code

• Addresses the disparity in penalties for rape committed with a deadly weapon or by two or more persons, and robbery with rape committed under the same circumstances.
- Article 294(2) of the Revised Penal Code is amended to increase the penalty for robbery with rape committed with a deadly weapon or by two or more persons.

• Penalty for robbery with rape accompanied by rape or intentional mutilation, or if physical injuries penalized in subdivision 1 of article 263 are inflicted:
- Reclusion temporal in its medium period to reclusion perpetua. (Article 294(2))

• Penalty for robbery with rape committed with the use of a deadly weapon or by two or more persons:
- Reclusion perpetua to death. (Article 294(2))

• This Decree takes effect immediately. (Section 2)