Revised Penal Code, Art. 266-B

"Article 266-B. _Penalties_ . — Rape under paragraph 1 of the next preceding

article shall be punished by _reclusion perpetua_ .

"Whenever the rape is committed with the use of a deadly weapon or by two or

more persons, the penalty shall be _reclusion perpetua_ to death.

"When by reason or on the occasion of the rape, the victim has become insane,

the penalty shall be _reclusion perpetua_ to death.

"When the rape is attempted and a homicide is committed by reason or on the

occasion thereof, the penalty shall be _reclusion perpetua_ to death.

"When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. cd

"The death penalty shall also be imposed if the crime of rape is committed with

any of the following aggravating/qualifying circumstances:

"1) When the victim is under eighteen (18) years of age and the offender is a

parent, ascendant, step-parent, guardian, relative by consanguinity or affinity

within the third civil degree, or the common-law spouse of the parent of the

victim;

"2) When the victim is under the custody of the police or military authorities

or any law enforcement or penal institution;

"3) 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;

"4) When the victim is a religious engaged in legitimate religious vocation or

calling and is personally known to be such by the offender before or at the time of

the commission of the crime;

"5) When the victim is a child below seven (7) years old;

"6) When the offender knows that he is afflicted with Human ImmuneDeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any

other sexually transmissible disease and the virus or disease is transmitted to the

victim;

"7) When committed by any member of the Armed Forces of the Philippines

or para-military units thereof or the Philippine National Police or any law

enforcement agency or penal institution, when the offender took advantage of his

position to facilitate the commission of the crime;

"8) When by reason or on the occasion of the rape, the victim has suffered

permanent physical mutilation or disability;

"9) When the offender knew of the pregnancy of the offended party at the

time of the commission of the crime; and

"10) When the offender knew of the mental disability, emotional disorder

and/or physical handicap of the offended party at the time of the commission of

the crime.

"Rape under paragraph 2 of the next preceding article shall be punished by

_prision mayor_ .

"Whenever the rape is committed with the use of a deadly weapon or by two or

more persons, the penalty shall be _prision mayor_ to _reclusion temporal_ .

"When by reason or on the occasion of the rape, the victim has become insane,

the penalty shall be _reclusion temporal_ .

"When the rape is attempted and a homicide is committed by reason or on the

occasion thereof, the penalty shall be _reclusion temporal_ to _reclusion perpetua_ .

"When by reason or on the occasion of the rape, homicide is committed, the

penalty shall be _reclusion perpetua_ .

" _Reclusion temporal_ shall also be imposed if the rape is committed with any of

the ten aggravating/qualifying circumstances mentioned in this article.