"Art. 335.    When and how rape is committed — Penalties. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 

1.    By using force or intimidation;

2.    When the woman is deprived of reason or otherwise unconscious; and

3.    When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraph shall be present:

The crime of rape shall be punished by reclusion temporal.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be imposed in its maximum period.  

When by reason or on the occasion of the rape, a homicide is committed the penalty shall be reclusion perpetua to death.

When rape is frustrated or attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua.

When by reason or on the occasion of the rape, the victim has become insane the penalty shall be likewise reclusion perpetua.