Is Attempted Rape Bailable in the Philippines? Bail Rules and Penalties

Introduction

In the Philippine legal system, rape is considered one of the most serious crimes against persons, classified as a heinous offense under Republic Act No. 8353 (the Anti-Rape Law of 1997), which amended Articles 266-A to 266-D of the Revised Penal Code (RPC). However, when the crime does not reach consummation and is classified as an "attempted" rape, the legal implications shift significantly, particularly regarding penalties and the right to bail. This article explores the concept of attempted rape, its penalties, and the rules governing bail in the Philippine context. It addresses whether attempted rape is bailable, the applicable bail procedures, and related considerations, drawing from the RPC, the 1987 Philippine Constitution, and the Rules of Court.

Understanding these aspects is crucial for legal practitioners, victims, accused individuals, and the public, as bail rules balance the presumption of innocence with public safety and the gravity of the offense. Note that while this article provides a comprehensive overview based on established Philippine law, specific cases should always be consulted with qualified legal counsel, as judicial interpretations and circumstances can vary.

Definition of Attempted Rape

Under Philippine jurisprudence, rape is defined in Article 266-A of the RPC as carnal knowledge of another person without consent, through force, threat, intimidation, or other means that vitiate free will. The crime is consummated upon even the slightest penetration.

An "attempted" rape, however, falls under the broader category of attempted felonies as outlined in Article 6 of the RPC. This occurs when the offender commences the commission of rape directly by overt acts but does not perform all the acts of execution that would produce the felony due to causes independent of the offender's will. For instance:

The offender begins acts leading to carnal knowledge (e.g., undressing the victim or positioning for penetration) but is interrupted by external factors like the arrival of a third party or the victim's successful resistance.
Mere intent or preparatory acts (e.g., lurking or verbal threats without overt physical actions) do not qualify as an attempt; there must be a direct, unequivocal step toward consummation.

Courts distinguish attempted rape from related offenses such as acts of lasciviousness (under Article 336 of the RPC), which involve lewd acts without intent to commit rape, or frustrated rape (which is no longer recognized as a separate stage for rape due to its nature—rape is either attempted or consummated, as frustration requires all acts of execution without consummation due to causes independent of the will, but jurisprudence holds that rape's consummation is binary).

Key Supreme Court rulings, such as in People v. Lizada (G.R. No. 143468-71, 2003), emphasize that the offender's intent to rape must be clear from the overt acts, and the attempt stops short of penetration.

Penalties for Attempted Rape

The penalties for attempted rape are derived from the RPC's general provisions on incomplete felonies and the specific penalties for rape.

Consummated Rape Baseline: Under Article 266-B of the RPC, simple consummated rape is punishable by reclusion perpetua (imprisonment of 20 years and 1 day to 40 years). If qualified by circumstances (e.g., victim under 18 and offender is a relative, or use of deadly weapon), it could historically warrant the death penalty, but Republic Act No. 9346 (2006) abolished the death penalty, replacing it with reclusion perpetua without parole eligibility in heinous cases.
Penalty for Attempts: Article 51 of the RPC stipulates that principals in attempted felonies shall be punished by a penalty two degrees lower than that prescribed for the consummated offense.
- For simple rape (reclusion perpetua): One degree lower is reclusion temporal (12 years and 1 day to 20 years); two degrees lower is prision mayor (6 years and 1 day to 12 years).
- For qualified rape (formerly death, now reclusion perpetua): Two degrees lower would be reclusion temporal.

In practice, the maximum penalty for attempted rape typically ranges from prision mayor to reclusion temporal, depending on qualifying circumstances. Aggravating factors (e.g., nighttime, abuse of authority) may increase the penalty within the degree, while mitigating factors (e.g., voluntary surrender) may reduce it.

Additional penalties include:

Civil Liabilities: Under Article 100 of the RPC and Article 2219 of the Civil Code, the accused may be liable for moral damages (typically ₱50,000–₱75,000 for attempted rape), exemplary damages, and actual damages (e.g., medical expenses). In People v. De Guzman (G.R. No. 173197, 2011), courts awarded ₱30,000 in civil indemnity for attempted rape.
Accessory Penalties: These may include perpetual disqualification from public office or civil interdiction if the penalty exceeds 6 years.
Indeterminate Sentence Law: Sentences are imposed indeterminately (e.g., 8 years prision mayor as minimum to 10 years as maximum), allowing for parole eligibility.

No probation is available for penalties exceeding 6 years under the Probation Law (Presidential Decree No. 968, as amended).

Bail Rules for Attempted Rape

Bail in the Philippines is governed by Article III, Section 13 of the 1987 Constitution, which states: "All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law."

Rule 114 of the Revised Rules of Criminal Procedure elaborates on this:

Bail as a Matter of Right: Bail is a constitutional right before or after conviction by lower courts (Metropolitan Trial Courts, Municipal Trial Courts, or Regional Trial Courts) for offenses where the imposable penalty is not death, reclusion perpetua, or life imprisonment. Since attempted rape's maximum penalty is prision mayor or reclusion temporal (both below reclusion perpetua), it falls under this category. Thus, attempted rape is generally bailable as a matter of right.
When Bail is Discretionary: After conviction by a Regional Trial Court for an offense punishable by death, reclusion perpetua, or life imprisonment, bail becomes discretionary pending appeal, based on factors like flight risk or danger to the community. However, this does not apply to attempted rape, as its penalty does not reach this threshold.
Procedure for Bail:
1. Application: The accused files a bail petition in the court where the case is pending or, if arrested without warrant, in any court in the province/city.
2. Hearing: For bailable offenses, a summary hearing may be held to assess conditions, but it's not mandatory unless contested.
3. Amount: Set by the court based on guidelines from the Department of Justice (e.g., 2022 DOJ Circular No. 038 sets recommended bail at ₱60,000 for prision mayor offenses, adjustable for circumstances). Factors include the accused's financial ability, nature of the offense, and probability of flight.
4. Forms of Bail: Cash bond, property bond, surety bond (from accredited companies), or recognizance (for indigent accused or minor offenses).
5. Cancellation: Bail can be canceled if the accused jumps bail, commits another offense, or violates conditions.
Exceptions and Special Considerations:
- Strong Evidence in Related Contexts: While attempted rape itself is bailable, if charged alongside other non-bailable offenses (e.g., kidnapping with rape), the entire case may be treated as non-bailable if the principal charge warrants reclusion perpetua.
- Juvenile Offenders: Under Republic Act No. 9344 (Juvenile Justice and Welfare Act), children in conflict with the law (under 18) charged with attempted rape are entitled to bail or release on recognizance, with emphasis on rehabilitation.
- Violence Against Women and Children (VAWC): Attempted rape may fall under Republic Act No. 9262 (Anti-VAWC Law) if committed against a woman or child in an intimate relationship, potentially leading to higher penalties or protective orders, but bail rules remain tied to the RPC penalty.
- Administrative Holds: Even if bailable, immigration holds or other warrants may prevent release.
- COVID-19 and Temporary Measures: During the pandemic, Supreme Court circulars allowed temporary release on reduced bail or recognizance for low-risk offenses, including attempts.

In summary, yes, attempted rape is bailable in the Philippines because its penalty does not reach reclusion perpetua. This contrasts with consummated rape, which is generally non-bailable pre-conviction if evidence of guilt is strong.

Conclusion

Attempted rape, while a grave moral and legal wrong, is treated differently from consummated rape under Philippine law due to its incomplete nature. With penalties capped at prision mayor or reclusion temporal, it remains a bailable offense as a matter of right, underscoring the Constitution's presumption of innocence. However, bail is not automatic approval but subject to judicial discretion on amount and conditions to ensure the accused's appearance and protect society.

Victims of attempted rape are encouraged to seek immediate legal aid through the Public Attorney's Office or women's desks at police stations, while accused individuals must navigate the system carefully to avoid further complications. Reforms in sexual offense laws continue, with calls for stricter penalties, but current rules prioritize due process. For case-specific advice, consult a lawyer or refer to updated Supreme Court decisions.