Practice question
After RA 11648 became applicable, a person aged eighteen has carnal knowledge of a person aged fifteen; their actual age difference is not more than three years. The act is proved consensual, non-abusive, and non-exploitative, with no other basis for rape or separate offense assumed. Does being under sixteen alone establish liability under Article 266-A(1)(d) despite these complete facts?
- Yes, because the amendment contains no exception.
- Yes, because every person under eighteen is excluded from any exception.
- No; these facts satisfy the provision's qualified close-in-age exception.
- No, because consent always defeats rape regardless of age or coercion.
- Yes, unless the parties are married.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 246, 249 and 255.
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Articles 248 and 255.
- RA 11648, Section 1, amended Article 266-A and close-in-age exception: https://lawphil.net/statutes/repacts/ra2022/ra_11648_2022.html
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
- Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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