TeeUp Posted June 9, 2004 Share Posted June 9, 2004 what's the age for statutory rape?what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?sino ang may sala?pwede ko ba shang kasuhan? Statutory rape as defined in Art. 335, Par. [3], of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve [12] years of age - hindi po 14 also, an offense under our revised penal code can be committed only either by dolo (criminal intent) or culpa (criminal negligence). based on your hypothetical question, the intent to commit a crime and/or negligence is apparently wanting kaya kahit under 12 pa yung "lumapastangan" sa 'yong puri ay hindi ka pwedeng kasuhan ng statutory rape. on the other hand, sya tong pwedeng makasuhan ng acts of lasciviousness. Quote Link to comment
Dekampanilla Posted June 9, 2004 Share Posted June 9, 2004 I do not practice criminal law but if i remember correctly, the sex with a girl who is 12 year old or younger, whether or not the same was with her consent, would be considered rape. This is what is commonly referred to as statutory rape. Thus, consensual sex with a 14 year old would not qualify as statutory rape. Cheers! Quote Link to comment
LAKAY210 Posted June 9, 2004 Share Posted June 9, 2004 what's the age for statutory rape?what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?sino ang may sala?pwede ko ba shang kasuhan? If the offended party is under twelve years of age statutory rape yan. Or even if above twelve but the offended party is demented, it is still considered statutory rape. Under the law, rape is usually committed by a man who shall have carnal knowledge of a woman under the circumstances therein specified. However, under par. 2 of Article 266-A of the RPC, rape can also be committed by ANY person who, under any of the circumstances mentioned in paragraph 1 of of said Article, shall commit an act of SEXUAL ASSAULT by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. In the instant case, it does not show whether the 14 year old girl you are referring to committed the act of inserting an instrument or object into your anal orifice, otherwise, she is also liable for rape (but being less than 15, she is exempted from criminal liability under Art. 12 of the RPC). The fact that she tied you and "napakinabangan" ka per se does not constitute rape. If you are worried whether or not you committed a statutory rape, the law refers to the age of the offended party and not the accused. And, it appears dude, that you are the offended party in this particular case. :cool: Quote Link to comment
LAKAY210 Posted June 9, 2004 Share Posted June 9, 2004 Statutory rape as defined in <a href="http://www.ntsearch.com/search.php?q=Art&v=56">Art</a>. 335, Par. [3], of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve [12] years of age - hindi po 14 also, an offense under our revised penal code can be committed only either by dolo (criminal intent) or culpa (criminal negligence). based on your hypothetical question, the intent to commit a crime and/or negligence is apparently wanting kaya kahit under 12 pa yung "lumapastangan" sa 'yong puri ay hindi ka pwedeng kasuhan ng statutory rape. on the other hand, sya tong pwedeng makasuhan ng acts of lasciviousness. Panerong Teeup, may bago nang batas sa rape and it amended Art. 335 na. Nasa crime against persons (Title 8) na sya hindi na against chastity (Title 11). Kaya it is already considered as a public crime. In effect Art. 266-A na sya ng RPC. Quote Link to comment
rstranger Posted June 9, 2004 Share Posted June 9, 2004 Scenario:got married 5yrs ago because the girl was pregnant.During the 5yrs of marriage, nagka-3 kids. Tried to be a good father and a husband. Decided to leave last year pati kasabay ng resignation from the job. Was accused of Abandonment by wife. A case was filed.2 summons was received from the previous office pero after a few months after na nareceive/nabasa ng husband. a warrant of arrest was issued. Pero, this was ignored by husband. Now, in the process of filing an annulment ang husband. Question:What will happen to the husband? Is he going to be jailed?How many months would that be?Is the husband allowed to bail? and how much could that be?What is the best thing to do? Quote Link to comment
coychee Posted June 10, 2004 Share Posted June 10, 2004 Scenario:got married 5yrs ago because the girl was pregnant.During the 5yrs of marriage, nagka-3 kids. Tried to be a good father and a husband. Decided to leave last year pati kasabay ng resignation from the job. Was accused of Abandonment by wife. A case was filed.2 summons was received from the previous office pero after a few months after na nareceive/nabasa ng husband. a warrant of arrest was issued. Pero, this was ignored by husband. Now, in the process of filing an annulment ang husband. Question:What will happen to the husband? Is he going to be jailed?How many months would that be?Is the husband allowed to bail? and how much could that be?What is the best thing to do? As far as i know, abandonment is a ground for legal separation, so presumably, the case filed by the wife agaisnt the husband is for legal separation which is a civil case. The summons issued by the court is for the husband to answer or refute the allegations in the complaint filed by the wife within fifteen days from receipt. Non-filing of an answer by the husband is not a ground for the issuance of a warrant of arrest. The court will just refer the case to the fiscal for him to conduct an investigation if there is collusion between the parties. Moreover, in a legal separation case, there is a cooling off period of 6 months for the parties to settle their differences and explore the possibility of reconciliaiton. The best thing for the husband is to do is to file a Motion to Quash the warrant of arrest since it was issued without any legal basis. Quote Link to comment
roxysnonie Posted June 11, 2004 Share Posted June 11, 2004 (edited) anybody got the latest cracks or sn for avg professional anti virus? the old one kinda expired eh... thanks! Edited June 11, 2004 by roxysnonie Quote Link to comment
TeeUp Posted June 12, 2004 Share Posted June 12, 2004 Panerong Teeup, may bago nang batas sa rape and it amended Art. 335 na. Nasa crime against persons (Title 8) na sya hindi na against chastity (Title 11). Kaya it is already considered as a public crime. In effect Art. 266-A na sya ng RPC. you're absolutely right lakay, i was looking at this case over the net and my eyes were set on the age of the offended party when i quoted it. good point! Quote Link to comment
thunderboy123 Posted June 12, 2004 Share Posted June 12, 2004 Sirs,Any advise kasi yung friend ko isasalang na sa witness stand, cya po ang complainant estafa case po, para maganda preparation at presentation. Quote Link to comment
sir_7up Posted June 12, 2004 Share Posted June 12, 2004 just like to know how to ammend an entry in one's birth certificate when the month of the birthdate (february) was inadvertantly recorded as March. She used in all of her school records and stuffs the original date which is feb, (with an affidavit) Now that she is applying for a Passport, DFA does not accept affidavit, thus requiring her to ammend the detail in her birth certificate. Any info on this, please? Quote Link to comment
bokam Posted June 12, 2004 Share Posted June 12, 2004 thunderboy1234, Ask ur frend to tak to his lawyer before the sked hearing. Let them go over the matters that ur frend has to testify to. If he has a lawyer then no prob. If not, let him approach the publc prosctor handling d case. Due to their workload assigned to them, some Pblc Prosctors may refuse. The presentaton and impact will depend upon the prosecutr's style. Quote Link to comment
rhumbee Posted June 13, 2004 Share Posted June 13, 2004 Sirs,Any advise kasi yung friend ko isasalang na sa witness stand, cya po ang complainant estafa case po, para maganda preparation at presentation. Unang-una dapat ihanda sya mabuti ng abogado nya, parang rehearsal ba. Alam ng abogado kung anong klaseng paghahanda ang gagawin dyan. At importante, pakinggan nya mabuti ang mga tanong sya kanya, at wag magbibigay ng impormasyon na di nama hinihingi. Quote Link to comment
ladydredd Posted June 13, 2004 Share Posted June 13, 2004 sirs, would you be kind enough to post here the law and its implementing rules on adultery? mejo mahaba, but i'm sure lots of people from MTC will greatly benefit from it. iba pa rin shempre ung alam mo kahit pano ang batas, di po ba? thanks and Happy Father's Day! Quote Link to comment
ken_ji_75 Posted June 13, 2004 Share Posted June 13, 2004 check the site on Philippines Laws andun lahat ng kailangan mo? Quote Link to comment
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