Revised Penal Code · Rape

Article 266-A

Rape: When And How Committed

Inserted

By RA 8353 (1997, inserted), RA 11648 (2022)

Current text, as of October 15, 2026

Rape is committed:

1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;

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.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

Partly amended by RA 11648 (2022). The changed passage reads:

Rape is committed: 1) By a person who shall have carnal knowledge of another person under any of the following circumstances: x x x d) When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present:Provided,That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative:Provided, further,That if the victim is under thirteen (13) years of age, this exception shall not apply. As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim. On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities.

Consolidated by Alleba from the 1930 text of Act No. 3815 (Lawphil) and the amending Republic Acts in our library. Amendments made by Presidential Decrees, Batas Pambansa or executive orders are not yet included. For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.