When is the maximum penalty of death imposed for Rape under Article 266-B?
The maximum penalty of death is imposed when homicide is committed by reason or on the occasion of the rape (Article 266-B, Revised Penal Code). Death is also imposed if the rape is committed with any of the ten enumerated aggravating/qualifying circumstances, such as when the victim is under eighteen (18) and the offender is a parent or close relative. Additionally, if the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall also be reclusion perpetua to death.
02 November 2025
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