What are the qualifying circumstances related to law enforcement custody or public viewing that mandate the death penalty for Rape?
The death penalty shall be imposed if the rape is committed when the victim is under the custody of the police, military authorities, or any law enforcement or penal institution (Article 266-B, Revised Penal Code). Furthermore, the death penalty is mandated when the rape is committed in full view of the spouse, parent, any of the children, or other relatives within the third civil degree of consanguinity. These circumstances reflect an increased malice, either by abusing official power or by inflicting extreme psychological distress on the victim’s family.
30 October 2025
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Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
