ANGARA BATS TO STRENGTHEN ANTI-RAPE LAW
TO PROVIDE MORE PROTECTION TO WOMEN
Amendments to RA 8353 or Anti-Rape Law of 1997 proposed

Senator Edgardo J. Angara filed bill to strengthen the country's decade-old Anti-Rape Law that seeks to institutionalize a Supreme Court decision that considers insertion of finger or any body part of the body into a woman's genital or anal orifice of another person is considered as rape.

"In our effort to extend protection and shield our women from harms and violence of the society, we must exhaust all means and leave no stone unturned in crafting our legislations. Now that we have uncovered a legal loophole on our Anti-Rape Law, it is our primary duty to provide corrective measures and plug these loopholes," said Angara who has authored various social legislations such as the Senior Citizen Act.

He added, "It is time that we strengthen our Anti-Rape Law by institutionalizing through legislation that insertion of finger or any body part of the body into a woman's genital or anal orifice of another person is considered as rape."

Originally penalized under Article 335 of the Revised Penal Code as a felony against chastity, the felony of rape has been transferred to Articles 266-A up to 266-D, Title Eight, Book I1 of the RPC. Its inclusion in Title Eight of Book I1 indicates the vital change brought by RA 8353 or the "Anti-Rape Act of 1997" --- rape is now a felony against persons. It placed emphasis on the fact that rape is a violation of the dignity of every person, irrespective of gender.

Under the present law, the felony of rape is committed in two (2) ways: (a) carnal knowledge by a man of a woman, and (b) sexual assault by one against another, regardless of gender.

The second mode is significant for it now recognizes rape thru the insertion of the "penis into another person's mouth or anal orifice," and rape thru the insertion of "any instrument or object, into the genital or anal orifice of another person." This provision, however, did not contemplate a situation where a finger or any body part other than the genitalia is inserted into the female organ.

On 28 September 2000, the Department of Justice issued Memorandum Circular No. 22, providing guidelines on the interpretation of RA 8353. It stated that under the law "the insertion of a finger into a woman's vagina is not rape."

This issue was laid to rest when the Supreme Court in People v Palma [11 December 2003 (G.R. No. 148869-74)] ruled that insertion of a finger now constitutes rape with sexual assault.

Statistics on reported cases of violence against women shows that Filipino women are not yet free from oppression and inequality.

"Although the provision leaves no room for doubt as to its proper interpretation owing from the recent jurisprudence, Congress must still perform its task to amend the law and put in place the necessary wordings," ended Angara.