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RAPE WITH DEADLY WEAPON |
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Article 335 of the Revised Penal Code, as amended by Republic Act 7659,
the penalty for rape when committed with the use of a deadly weapon is reclusion
perpetua to death. The absence of any aggravating circumstance in
the commission thereof, would justify, even without any mitigating
circumstance, the imposition of the lesser penalty of reclusion
perpetua (People vs. Quiñanola, et al., G.R. No. 126148, May
5, 1999). More so, because the use of deadly weapon, although
established during the trial was not expressly alleged in the complaint
or indictment.
The Court is not unaware of the provisions of Republic Act No. 8353, otherwise known as "The Anti-Rape Law of 1997", amending further Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, which penalizes rape with death when the offender knew of the physical handicap of the victim at the time of the commission of the crime. However, the Act took effect only on October 22, 1997 and cannot, therefore, be given retroactive application so as to justify the imposition of death. En Banc, Justice Melo, THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARMELO LACABA @ MELOY, accused-appellant [G.R. No. 130591. November 17, 1999]
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