NOTES IN CRIMINAL LAW 2 DISCUSSION

24 APRIL 2020

TOPIC: Anti Hazing Law

1. QUESTION: Can 1 be charged of the anti hazing law even if he she did not inflict
any physical or psychological pain on the victim?

ANSWER: Yes, see Section 14 of RA 11053

2. QUESTION: Are those present simply intoxicated or under the influence of liquor
or illegal drugs liable?

ANSWER: Yes, See Sec 14(b)(6) of RA 11053

3. QUESTION: If there is an academic organization in the school and to become a

member you will wear a shirt for 1 month saying bobo ako would that be hazing?

ANSWER: Yes, See section 2a of RA 11053

4. QUESTION: There are 20 neophytes. 19 were not embarassed. 1 was. Could the
20 sue?

ANSWER: Yes, the law says acts which tend to humiliate. So It is not the
end result or the neophyte suffering but if it can cause.

TOPIC: Art 266-A, RA 7610

5. QUESTION: Let us go to rape thru sexual intercourse. If 18 year old guy would
have si with an 18 year old female person of course, no crime right? When does
it become rape? When does it become 7610? We are limited to 18 year old guy
18 year old female

ANSWER: It becomes rape when such act is accomplished under any of

the following circumstances

1) with force or intimidation,

(2) woman is deprived of reason or otherwise unconscious,
(3) accomplished by fraudulent machinations or grave abuse of authority.

Notes:
 18 year old guy uses force threat intimidation on 18 year old normal
female. That is rape under the Revised Penal Code.
 What if the female 18 years old cannot fully take care of herself? If
same force threat intimidation is used that is rape under the
Revised Penal Code.
  When does it become sec 5b 7610? If the female 18 years old but
cannot fully take care of herself is considered as a child exploited in
prostitution or other sexual abuse.
 Who are children exploited in prostitution and other sexual abuse?
Those who for money or profit are exploited by syndicates to
become prostitutes
 Difference of Article 266-A par 1. circumstance b with a person who
cannot take care of herself? Deprived of reason is like
intoxicated/drugged and insanity can be
 Statutory rape is below 12 yo
 If the female is 12 to 17 it is rape if may force etc. 7610 if the
female is a child exploited in prostitution.

6. QUESTION: In terms of father-daughter rape, hindi pumalag yung anak, walang

threat or intimidation or force employed, is that rape?
ANSWER: Yes, as there is moral ascendancy, the Supreme Court held
that moral ascendancy or influence substitutes the element of physical
force or intimidation
(Judge L: Hindi ba sya sa grave abuse of confidence? Yes the sc would
always say that the daughter will submit because of the moral ascendancy
of the father over the daughter.)

7. QUESTION: Boyfriend had consensual sex with 16 year old gf. No force etc. The
gf is perfectly normal. Can this be 7610?

ANSWER: No, 7610 is that there is coercion or influence of an adult. If the

consideration is love or hormones then no 7610.

8. QUESTION: What is gender free rape

ANSWER: Gender free rape also known as sexual assault, which may be
committed by a male or a female on a victim who may be a male or a
female as well. (when the offender shall insert any instrument or object in
the anal or genital orifice of the victim.)

Note: Any object inserted into the mouth or anal orifice for sexual
gratification. This would include the finger.

9. QUESTION: If the victim is under 12, is it 7610?

ANSWER: It shall be under RPC

10. QUESTION: What then if the victim is 12 to 17 years old?

ANSWER: This is sexual assault. It will be lascivious conduct sec 5b

7610.
11. QUESTION: Woman likes a guy very much. Tied the guy and made things
happen and inserted the guy's genitalia into her genitalia. Can the woman be
charged of rape?

ANSWER: No

12. QUESTION: What would be the woman's crime?

ANSWER: Pa supply naman ng sagot 

 PEOPLE VS TULAGAN, G.R NO. 227363, March 12, 2019

Designation of the Crime and Impossible Penalty

Age of Victims Under 12 years old 12 years old or 18 years old and
Crime Committed: or demented below 18 or above
18under special
circumstances
Acts of Acts of Lascivious conduct Not applicable
Lasciviousness Lasciviousness under under Sec (b) of RA
committed against Art 336 of the RPC in 7610: Reclusion
children exploited in relation to Sec 5(b) of temporal in its
prostitution or other RA 7610: Reclusion medium period to
sexual abuse temporal in its reclusion perpetua
medium period
Sexual Assault Sexual Assault under Lascivious conduct Not applicable
committed against Art 266-A(2) of the under Sec (b) of RA
children exploited in RPC in relation to Sec 7610: Reclusion
prostitution or other 5(b) of RA 7610: temporal in its
sexual abuse Reclusion temporal in medium period to
its medium period reclusion perpetua
Sexual Intercourse Rape under Art 266-A Sexual Abuse under Not applicable
committed against (1) of the RPC: Sec (b) of RA 7610:
children exploited in reclusion perpetua Reclusion temporal in
prostitution or other except when the its medium period to
sexual abuse victim is below 7 reclusion perpetua
years old in which
case the death
penalty shall be
imposed
Rape by carnal Rape under Art 266-A Rape under Art 266-A Rape under Art 266-A
knowledge (1) of the RPC in (1) of the RPC in (1) of the RPC:
relation to Art 266-B relation to Art 266-B reclusion perpetua
of the RPC: reclusion of the RPC: reclusion
perpetua except when perpetua
the victim is below 7
years old in which
case the death
penalty shall be
imposed
Rape by Sexual Sexual Assault under Lascivious conduct
Assault Art 266-A (2) of the under Sec 5(b) of RA
RPC in relation to Sec 7610: Reclusion
5(b) of RA 7610: temporal in its
Reclusion temporal in medium period to
its medium period reclusion perpetua

he law provides that acts of lasciviousness are committed under any of the
following circumstances (a) force or intimidation, (b) offended party is deprived of reason or
otherwise unconscious, (c) means of fraudulent machination or grave abuse of authority and (d)
when the offended party is under 12 years of age or is demented.