Philippine Bar review · Question

Practice question: Marriage between Offender and Offended Party

Multiple Choice Hard

Practice question

An adult rape complainant is pressured to sign a promise to marry the accused, but no marriage occurs. Defense counsel argues that the promise has the same effect as a subsequent valid marriage and that every related special-law charge must also disappear. Which is best?
  1. A promise is legally identical to a valid marriage
  2. Pressure creates a stronger extinction defense
  3. Every special-law charge automatically follows the rape provision
  4. No statutory valid-marriage event occurred, and separate charges require their own governing rules
  5. A prosecutor may replace the marriage requirement with any private agreement

Legal references

  • RA8353 Article266-C: https://lawphil.net/statutes/repacts/ra1997/ra_8353_1997.html

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