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PRESIDENTIAL DECREE NO. 767
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PRESIDENTIAL DECREE NO. 767 -
AMENDING ARTICLE 294(2) OF THE REVISED PENAL CODE
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chanroblesvirtualawlibrary
WHEREAS,
there is a disparity in the penalty for rape when committed with a
deadly weapon or by two or more persons and that for a robbery with
rape when committed under the same circumstances, in the sense that the
penalty for the former is reclusion perpetua to death while the penalty
for the latter, which is more serious, is reclusion temporal in its
medium period to reclusion perpetua;chanroblesvirtualawlibrary
WHEREAS, the disparity is due to the failure to make a corresponding
increase in the penalty for robbery with rape after increasing the
penalty for rape when committed with a deadly weapon or by two or more
persons;chanroblesvirtualawlibrary
WHEREAS, the crime of robbery with rape is more serious than the crime
of rape and should therefore be punished by the same penalty when
committed under the same circumstances;chanroblesvirtualawlibrary
NOW, THEREFORE I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution do hereby decree
as follows: chanroblesvirtualawlibrary
1. Article 294(2) of the Revised Penal Code is
hereby amended to read as follows:cralaw:red
"Art. 294. Robbery with violence against or
intimidation of persons — Penalties. — Any person guilty of robbery
with the use of violence against or intimidation of any person shall
suffer:cralaw:red
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2. The penalty of reclusion temporal in its medium
period to reclusion perpetua, when the robbery shall have been
accompanied by rape or intentional mutilation, or if by reason or on
occasion of such robbery, any of the physical injuries penalized in
subdivision 1 of article 263 shall have been inflicted; PROVIDED,
HOWEVER, THAT WHEN THE ROBBERY ACCOMPANIED WITH RAPE COMMITTED WITH THE
USE OF A DEADLY WEAPON OR BY TWO OR MORE PERSONS THE PENALTY SHALL BE
RECLUSION PERPETUA TO DEATH. chanroblesvirtualawlibrary
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2. This Decree shall take effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 15th day of August, in the year of Our Lord, nineteen hundred and
seventy-five.
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