Any other use of this publication shall be governed by the relevant provisions of the Intellectual Property Code of the Philippines. AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING IT AS A CRIME AGAINST PERSONS, PURPOSELY AMENDING ACT NO. 3815, AS AMENDED, COMMONLY KNOWN AS THE REVISED PENAL CODE AND FOR. When the victim, due to reason or in the case of rape, has become insane, he is punished with life imprisonment up to death.
When rape is attempted and murder is committed for reason or in connection with it, the penalty is definitive death. If murder is committed as a result of rape or during rape, the penalty is death. The national police or any law enforcement agency or penal institution when the offender has taken advantage of his position to facilitate the commission of the crime;.
If the victim has become insane due to the reason or on the occasion of the rape, the punishment is temporary withdrawal. If a murder is committed for the reason or on the occasion of the rape, the punishment is relusion perpetua. Temporary withdrawal will also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article.
Any physical overt act showing resistance to the act of rape to any degree on the part of the offended party, or where the offended party is so situated that she/he is unable to give valid consent, may be used as evidence in the prosecution of the acts are accepted. punished under section 266-A.”.
RAMOS
If any part, section or provision of this Act is declared invalid or unconstitutional, the other parts of it not affected by it shall remain valid. 3815, as amended, and all laws, statutes, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or inconsistent with the provisions of this Act shall be deemed amended, modified or repealed accordingly. This Act shall take effect fifteen (15) days after the end of its publication in two (2) newspapers of general circulation.
REPUBLIC ACT NO. 8505
AN ACT PROVIDING ASSISTANCE AND PROTECTION TO RAPE VICTIMS, ESTABLISHING A RAPE CRISIS CENTER IN EACH PROVINCE AND CITY, AUTHORIZING THE ALLOCATION OF FUNDS, AND FOR OTHER PURPOSES. It is hereby declared the policy of the State to provide necessary assistance and protection to victims of rape. In view of this, the government will coordinate its various agencies and non-governmental organizations to work hand in hand towards the establishment and operation of a rape crisis center in each province and city, which will assist and protect the victims of rape in the trial of their case. their recovery.
Department of Social Welfare and Development (DSWD), Department of Health (DOH), Department of the Interior and Local Government (DILG), Department of Justice (DOJ) and a leading non-governmental organization (NGO) with proven track record or experience in dealing with cases of sexual abuse, shall establish in each province and city a rape crisis center located in a public hospital or health clinic or any other suitable place for the purpose of:. The DSWD shall be the lead agency in the establishment and operation of the rape crisis center. After the police receive the complaint for rape, it is the duty of the police officer to:
It is the duty of the police officer or examining physician, who must be of the same sex as the offended party, to ensure that only persons expressly authorized by the offended party are admitted. For this purpose, a women's station should be established in every police station across the country where a policewoman can be deployed to investigate complaints from women rape victims. Similarly, the actual preliminary investigation or investigation of female rape victims should be assigned to female prosecutors after the police clear all relevant papers thereof at the same office.
At every stage of the investigation, prosecution and adjudication of a rape complaint, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint, shall recognize the right to privacy of the offended party and the accused. . For this purpose, the police officer, prosecutor or court to which the complaint is referred may, whenever necessary to ensure a fair and impartial proceeding, and after consideration of all the circumstances in the best interest of the parties , to order an investigation behind closed doors. , criminal prosecution or trial and that the name and personal circumstances of the offended party and/or the accused, or any other information intended to prove their identity, and such circumstances or information on the complaint will not be disclosed to the public. For the establishment and operation of rape crisis centers during the first year of implementation of this law, the sum of one hundred and twenty million pesos (P) shall be charged to the Organizational Adjustment Fund, as follows: Sixty million pesos (P) to the DSWD ; and twenty million pesos (P) each to the DOH, DILG and DOJ, respectively.
Then, the amount needed for the rape crisis centers is included in the appropriations for the respective agencies in the annual General Appropriations Act. Within ninety (90) days after the approval of this Act, all concerned agencies shall formulate such rules and regulations as may be necessary for its proper implementation. All laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or inconsistent with the provisions of this Act shall be deemed amended, modified or repealed accordingly.
IMPLEMENTING RULES AND REGULATIONS
- SECTION 2. MANDATE AND RESPONSIBLE AGENCIES
- DEFINITION OF TERMS. -
- DUTIES AND RESPONSIBILITIES OF MANDATED AGENCIES AND NGO PARTNERS. The mandated
- SECTION 7. COMMON DUTIES AND RESPONSIBILITIES OF THE INVESTIGATING POLICE OFFICER, EXAMINING
- SPECIFIC DUTIES AND RESPONSIBILITIES OF THE PROSECUTOR. -
- SPECIFIC DUTIES AND RESPONSIBILITIES OF THE EXAMINING PHYSICIAN. -
- SPECIFIC DUTIES AND RESPONSIBILITIES OF THE SOCIAL WORKER OR CRISIS WORKER -
- REHABILITATION OF PERPETRATORS
- RIGHT TO PRIVACY. -
- EFFECTIVITY
WHEREAS, the Philippine Constitution values human dignity and guarantees full respect for human rights;. WHEREAS, RA 8353 was enacted to expand the definition of the crime of rape as a crime against the person, amending for the purpose of RA 3815, as amended, known as the Revised Penal Code;. WHEREAS, the comments of the members of the Committee for Social Development have already been taken into account in the attached draft IRR;.
These rules and regulations seek to implement the state's stated policy of providing necessary assistance and protection to rape survivors by establishing and operating a rape crisis center in each province and city to protect and assist rape survivors in the litigation of their cases and in their recovery. The center may be known by a different name to prevent stigmatization of the survivor. Ensure both the validity and confidentiality of medical records required in litigation matters.
OF THE INVESTIGATING POLICEMAN. a) immediately refer the matter to the District Women's Desk, or to any other concerned agency such as Local DSWD, DOJ and NGO handling the cases; submitting the information against the perpetrator, including the dismissal of a suspected perpetrator to become a state witness; Informing the rape survivor of the suspect's detention status pending trial, i.e., prior notice to the rape survivor of the suspect's release;
In addition, the public will be prohibited during the conduct of the inquest or preliminary investigation if it would serve the best interests of the victim. Carry out a prompt and thorough examination of the survivor so that humiliation due to repetitive procedures can be minimized; and. SPECIFIC DUTIES AND RESPONSIBILITIES OF THE SOCIAL WORKER OR CRISIS WORKER - OF THE SOCIAL WORKER OR CRISIS WORKER.
Terminate the helping relationship after achieving the treatment plans; And. i) Ensure social reintegration of rape survivors into their families and communities. Appropriate protocols must be developed and adhered to at every stage of the investigation, prosecution and adjudication of rape cases. All documents, books and papers relating to the case in the files of the court, of the duly authorized authorities and of any other agency or institution participating in the rape case shall be kept strictly confidential; And.
The name or personal circumstances of the offended party and the accused or any information that could establish the identity of the rape victim will not be disclosed to the public; and. The name and address of the survivor and other information likely to establish her or his identity will not be included in the report unless the survivor gives his or her written consent. BUDGET AND FINAL PROVISIONS SECTION 16. a) Each of the mandated agencies will be provided with a budget for the implementation and operation of the rape crisis centers, which will be included in the budget allocations for the relevant agencies in the annual General Budget Act. b).
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