August 14, 2025
MANILA – The Supreme Court (SC) has issued amended guidelines that expand the scope of what is considered qualified rape of a minor and increase the minimum damages awarded to victims.
In a resolution written by retired Associate Justice Mario V. Lopez, the SC denied the appeal filed by a father convicted of raping his eight-year-old daughter. The ruling used the case to set a new precedent that applies to similar crimes.
The father was convicted by the Regional Trial Court for qualified rape based on the victim’s age and relationship.
The Court of Appeals affirmed the conviction but changed the designation of the crime to qualified statutory rape.
In denying the father’s appeal, the SC also resolved the inconsistencies in previous court rulings by providing the distinction between”qualified rape,” “statutory rape,” and “qualified rape of a minor.”
- Qualified Rape applies when one of the circumstances under Article 266-B of the Revised Penal Code exists such as abuse of authority, moral ascendancy, relationship, or the victim’s vulnerability. These circumstances justify a heavier penalty.
- Statutory Rape is the term for cases where the victim is below 12 years old, even without force, threat, or intimidation. This term is also applicable to a victim whose intellectual age is below 12.
- Qualified Rape of a Minor is the correct term when any of the 10 special qualifying aggravating circumstances listed in Article 266-B of the Revised Penal Code (RPC) are present and the victim is below the statutory age or has a mental disability. This category now covers a broader range of circumstances than before.
Regarding penalty, the SC has increased the minimum civil damages that courts can award. These new minimums are set to increase further if the accused committed the crime with additional cruelty.
The new minimum damages are as follows:
- Qualified Rape of a Minor: At least P150,000 each for civil indemnity, moral damages, and exemplary damages.
- Qualified Rape: At least P100,000 each for civil indemnity, moral damages, and exemplary damages.
- Statutory Rape: At least P75,000 each for civil indemnity, moral damages, and exemplary damages.
The guidelines also clarify the definition of statutory age which is now under 16 years old, as mandated by Republic Act No. 11648 or the Anti-Rape Law. However, for crimes committed before the law took effect, the age is still considered to be below 12 years old.
The court specified that these amended guidelines do not apply to cases of rape through sexual assault.