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
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 the powers vested in me by the Constitution do
hereby decree as follows:
Article 294(2) of the Revised Penal Code is hereby amended to
read as follows:
"ART. 294. Robbery with violence against
or intimidation of persons—Penalties.—Any person guilty of
robbery with the use of violence against or intimidation of any
person shall suffer:
*******
The penalty of reclusion temporal in its
medium period to reclusion perpetua, when the robbery shall
have been accompanied by rape or intentional mutilation, or if by reason
or on occasion of such robbery, any of the physical injuries
penalized in sub division 1 of article 263 shall have been
inflicted; PROVIDED HOWEVER, THAT WHEN THE ROBBERY
ACCOMPANIED WITH RAPE IS COMMITTED WITH THE USE OF A DEADLY WEAPON OR BY
TWO OR MORE PERSONS THE PENALTY SHALL BE RECLUSION PERPETUA TO
DEATH.
******
This Decree shall take effect immediately.
Done in the City of Manila, this 15th day of August, in the year
of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary