ORTIGOZA: Rape if one Inserts any instrument to the private parts
Around 3 Pm last Wednesday, my radio tandem Harold and I dropped by the San Carlos City’s Police Station.
When I entered the edifice, I wondered why rookie policemen were milling near a detention cell.
“Ano meron diyan,” I came to them and extended my neck to see what was inside the slammer.
“Iyong matanda sir, kahuhuli lang namin. Nireklamong nang rape,” a Police Officer -1, with an equivalent rank of a private in the military, told me.
“Bakit rape, anong ginawa niya?” I posed.
“Kinarapas niya sa ba-_ ang dalaga (she touched the vagina of a young woman),” one of the rookie policemen butted in in the Pangasinan’s dialect.
“Karapas (touching)? Bakit rape, dapat Acts of Lasciviousness ang kinaso niyo,” I told them.
“Saan mo hinawakan ang babae? I asked the old man.
“Diyad ba-_ sir (at her vagina, sir),” he told me in the vernacular.
“T-i___ mo, pag ba-__ iyong hinawakan mo, di na Acts of Lasciviousness iyan, Death Penalty na iyan!,” I joked that caused guffaw (halakhak) among the beat policemen.
While I was sitting on a chair waiting for the chief of police, a lieutenant colonel, Police Inspector Jonaflor B. Bariuan, a pretty lady captain, passed by.
I called her and we exchanged pleasantries. Then I told her: “Turu-an ninyo iyong mga batang police ninyo ng tamang batas. Iyong karapas (touching) kakasuhan daw nila ng Rape, e Acts of Lasciviousness iyon!”
The gorgeous peace officer retorted: “No sir, it’s rape!
“What? How come it became rape?” I posed wondering.
“Hindi lang naman niya hinipu-an. Nilapitan ng matanda ang dalaga. Dinila-an niya ang ari ng dalaga (He did not just molest the lady. She was sleeping when he licked her genitals)”.
“Nakalagay sa Rape Law sir na “any instrument or object, into the genital or anal orifice of another person, “she cited to me Article 266 of the Revised Penal Code on Rape.
“That I agree with!” I exclaimed.
Here’s the law:
Republic Act No. 8353: An act expanding the definition of the crime of rape and others.
Section 2, paragraph 2 of the law says: “2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
“Article 266-B. Penalty. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua (life sentence).
“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 become 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”.
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