Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
The Philippines’ Republic Act No. 8353 (1997), the “Anti-Rape Law of 1997”, provides:
Article 266-B. Penalties
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime.
Republic Act No. 9346 (2006), which prohibited the imposition of the death penalty in the Philippines, provides for the imposition of life sentences for offences until that point punishable by death.
In 1995, the Commission on Human Rights of the Philippines proposed that rape and sexual violence in situations of conflict be recognized as war crimes.