Updated for the Philippine legal framework as of 2024. This is general information, not legal advice.

1) The Big Picture

Marital rape is a crime in the Philippines. Marriage does not confer a right to sex, and the “spousal exemption” was abolished.
Sexual coercion—pressuring a spouse/partner into sex through threats, intimidation, manipulation, or economic/psychological abuse—can ground criminal liability and protection orders even when the act does not meet every element of rape.
Two main legal tracks often run in parallel:
1. Criminal prosecution under the Revised Penal Code (RPC) as amended (rape and sexual assault), and/or under the Anti-VAWC law for sexual violence.
2. Civil/protective relief via Protection Orders (BPO/TPO/PPO) under the Anti-VAWC law.

2) Core Statutes & Where They Fit

Revised Penal Code, Art. 266-A to 266-B (as amended): Defines rape (by sexual intercourse through force, threat, or intimidation; when the victim is deprived of reason or otherwise unconscious; or by means of fraudulent machination/authority; and rape by sexual assault using objects/oral). The amendment expressly recognizes marital rape—the offender may be the victim’s spouse.
Anti-Violence Against Women and Their Children (VAWC) Act (R.A. 9262): Criminalizes physical, sexual, psychological, and economic abuse by a spouse, former spouse, co-parent, boyfriend/girlfriend (dating relationship), or someone with whom the woman has a common child. It provides Protection Orders (BPO/TPO/PPO).
Rape Victim Assistance and Protection Act (R.A. 8505): Crisis centers, medico-legal, counseling, and support services.
Family Courts Act (R.A. 8369): Family Courts handle VAWC petitions and related matters.
Reproductive Health Act (R.A. 10354) & related DOH policies: Access to post-rape care (forensic exam, prophylaxis, etc.).
Other relevant rules: Supreme Court Rule on VAWC (A.M. No. 04-10-11-SC) and rules on in-camera proceedings, confidentiality, and rape-shield principles (sexual history generally inadmissible).

3) Marital Rape & Sexual Coercion: What Counts

A. Marital rape (criminal)

Rape exists even within marriage where any of the following occur:

Force, threat, or intimidation (including threats to take the children, withdraw financial support, or harm pets/relatives if tied to the sexual demand).
Victim is deprived of reason or unconscious (e.g., drugged/intoxicated) or otherwise unable to give valid consent.
Abuse of authority or grave abuse of confidence.
Rape by sexual assault (e.g., penetration using objects/oral acts) under Art. 266-A(2).

Key point: Submission is not consent. Lack of resistance does not validate the act where fear, coercion, or incapacity is present.

B. Sexual coercion (criminal & VAWC)

Patterns of pressuring, manipulating, or conditioning sex on money, food, shelter, custody, or immigration/work benefits can constitute sexual violence under VAWC.
“Coercive control”—monitoring, isolation, threats, humiliation—often supports a VAWC case and may also evidence “force or intimidation” for rape.

4) Criminal Charges: How They Work

A. Rape (RPC as amended)

Elements:
1. Carnal knowledge (or sexual assault under (2)); and
2. Any of the qualifying modes (force/threat/intimidation; deprivation of reason/unconsciousness; abuse of authority; etc.). Spousal status is irrelevant to liability.
Penalty: Typically reclusión perpetua for consummated rape by sexual intercourse, subject to qualifying circumstances (e.g., use of deadly weapon, victim’s minority with specified relations). Rape by sexual assault carries lower but still severe penalties.
Prescription: Long prescriptive periods apply to crimes punishable by reclusión perpetua. For offenses involving children, special rules may toll or extend prescription; consult counsel promptly.

B. VAWC (R.A. 9262)

Acts covered (Sec. 5): Physical, sexual, psychological, and economic abuse; stalking; harassment; controlling behavior; and threats—even without penile penetration.
Penalty (Sec. 6): Varies by act and degree (attempted/frustrated/consummated), generally harsher if done in the presence of a child, with weapons, or if the woman is pregnant.
Ancillary consequences: Possible firearm license suspension/revocation, mandatory counseling/psychiatric evaluation, and disqualification from custody/visitation pending compliance with court conditions.

C. Venue & Jurisdiction

Criminal rape cases: Usually in the Regional Trial Court (RTC) where the offense occurred.
VAWC criminal cases: RTC; Protection Orders via Family Courts (where available), otherwise RTCs designated as Family Courts.

D. Evidence Considerations

Medico-legal exam (ASAP), injury documentation, STI prophylaxis records.
Psychological evaluation supporting intimidation, trauma, or coercive control.
Digital proof: Texts, call logs, emails, chat apps, GPS, bank/GCash transactions, CCTV.
Neighbors/relatives as witnesses to threats, isolation, or prior incidents.
Rape-shield: sexual history generally inadmissible to prove consent.

5) Protection Orders under VAWC (BPO, TPO, PPO)

A. Who can ask for a PO

The victim; or in her behalf: parents/ascendants/descendants, guardians, social workers, police, barangay officials, lawyers, or authorized agents. Minors and women with disabilities can be assisted to file.

B. Types of Protection Orders

Barangay Protection Order (BPO)
- Where: Punong Barangay (or kagawad if absent).
- Scope: Typically immediate, short-term relief—no-contact, stay-away from residence, school, workplace; prohibition from threatening or harassing.
- Timeline & Effectivity: Issued ex parte on the same day when warranted; effective 15 days.
- Enforcement: Immediate; the barangay may coordinate with PNP. Violation can lead to arrest and criminal liability.
Temporary Protection Order (TPO)
- Where: Family Court/RTC.
- Issued: Ex parte on filing if necessary to protect the victim; effective 30 days.
- Reliefs may include:
  - Removal of respondent from the residence (even if he owns it).
  - Stay-away orders (with specific radii/places).
  - Temporary custody of minor children and support (financial).
  - Firearms surrender and license suspension.
  - Exclusive control of personal effects, pets, and vehicles used by the victim.
  - Electronic and workplace no-harassment provisions.
- Hearing for PPO is set within the TPO’s effectivity.
Permanent Protection Order (PPO)
- Granted after hearing; continues until modified or lifted.
- May include long-term custody/support orders, counseling/rehab for respondent, and continued no-contact and exclusion from the residence.

C. Key procedural protections

No docket fees for PO petitions.
In-camera hearings, sealed records, and privacy safeguards.
Courts and barangays must give priority handling; ex parte issuance is allowed to prevent further abuse.
Immediate police assistance for service and enforcement; warrantless arrest permitted for violations of a Protection Order committed in the presence of, or within view of, an officer or when personal knowledge establishes probable cause of a fresh violation.

6) How Cases Commonly Proceed (Step-by-Step)

Immediate safety & medical care
- Go to a hospital with a Women & Children Protection Unit (WCPU) if available. Request forensic exam and post-exposure care (injury treatment; STI/HIV prophylaxis per DOH protocols). Keep all receipts and records.
- If unsafe, go to the barangay or PNP Women and Children Protection Desk (WCPD) right away.
Protection Order
- If there’s ongoing risk, file for a BPO at the barangay for same-day relief.
- File for a TPO at the Family Court/RTC; bring IDs, proof of relationship, children’s birth certificates (if custody/support sought), medical reports, photos, and any digital evidence.
Criminal complaint
- Rape: Execute a Sworn Statement and submit medical and documentary evidence to the City/Provincial Prosecutor (or inquest if arrestable circumstances exist).
- VAWC (sexual violence): Similar complaint with supporting proof of threats, intimidation, coercive control, and impact (e.g., psychological evaluation).
- Prosecutor conducts preliminary investigation; if probable cause is found, an Information is filed in court and a warrant of arrest may issue.
Parallel civil relief (optional but often helpful)
- Support for the victim/children, custody, exclusive use of the residence, and damages can be addressed within the PO case and/or in separate civil actions.
- Legal separation/annulment can run separately; they are not prerequisites for criminal or VAWC cases.

7) Practical Evidence Playbook

Document everything: Dates/times, what was said, where, and who might have heard/seen it.
Medical: Get the medico-legal exam as early as possible; if delayed, still go—psychological and circumstantial evidence matter.
Digital trail: Back up messages, emails, call logs, photos, and screenshots to a safe account. Export chats with timestamps.
Third-party corroboration: Neighbors, relatives, co-workers, teachers (for children), barangay officials.
Financial records: Proof of economic threats/withholding support tied to sex.
Pattern matters: Prior incidents show intimidation and coercive control; they can prove force even if a specific episode left minimal physical injury.

8) Common Misconceptions—Corrected

“He’s my husband, so it can’t be rape.” False. Marital rape is punishable.
“No bruises = no case.” False. Many cases turn on intimidation, threats, and psychological harm, corroborated by testimony and context.
“If I move out, I lose my rights.” False. Courts can grant possession of the home to the victim and order support.
“I must face him in open court immediately.” Not necessarily; ex parte POs exist, and in-camera proceedings can protect privacy.
“Only wives are protected.” VAWC covers women in current/former intimate relationships (including dating) and their children. (Men and boys have protection under other penal laws and special statutes.)

9) Penalties & Collateral Effects (Snapshot)

Rape by sexual intercourse: Commonly reclusión perpetua if consummated; higher/lower depending on qualifiers/attempt/frustration.
Rape by sexual assault: Significant imprisonment terms, scaled to gravity/qualifiers.
VAWC offenses: Imprisonment ranges vary by act, with aggravating factors (pregnancy, presence of a minor, weapon use).
Violating a Protection Order: Arrest and prosecution; courts take this very seriously.
Firearms & licenses: Possible immediate seizure/suspension.
Employment: Victims are entitled to 10 days of paid VAWC leave (extendible upon court certification) to attend to medical, legal, and relocation needs.
Immigration/child custody: Findings in VAWC/rape cases can affect custody/visitation, and may have immigration implications in cross-border situations.

10) Strategy & Safety Planning

Safety first: Identify a safe place, an emergency contact, a “code word,” and a go-bag (IDs, ATM/GCash card, meds, birth certificates, phone charger, clothes).
Legal counsel: A private lawyer or Public Attorney’s Office (PAO) can represent you. Many LGUs and NGOs provide free legal aid.
Support network: DSWD social workers, WCPUs, and accredited NGOs offer counseling and shelter.
Technology safety: Change passwords, enable 2FA, review phone tracking/“Find My” settings, and consider a separate email/cloud account for evidence.
Children’s welfare: Ask the court for temporary custody and supervised visitation conditions, if any.

11) Frequently Asked (Quick Answers)

Can I file both rape and VAWC? Yes. The same conduct may support both a rape case and a VAWC charge, plus a Protection Order.
Do I need a medical exam to file? No—but it helps. Proceed even if delayed; seek psychological assessment as well.
Can he be ordered out of the house he owns? Yes—TPO/PPO can exclude him to protect you and the children.
What if I’m not married but we were dating/living together? VAWC still applies to women in dating or intimate relationships; rape laws apply regardless of relationship.
What if I fear retaliation at work? Inform HR confidentially and present court orders; invoke VAWC leave and workplace stay-away provisions in the PO.

12) Helpful Checklists

Filing a BPO (Barangay)

✅ Valid ID (if available)
✅ Brief narrative of incident(s) and threats
✅ Any photos/screens or witnesses
✅ Ask for no-contact and stay-away terms

Filing a TPO/PPO (Court)

✅ Petition (facts + relationship + reliefs)
✅ Supporting affidavits and evidence
✅ Children’s birth certificates (for custody/support)
✅ Proof of expenses/income (for support)
✅ Medical and psychological reports (if available)

Filing a criminal complaint

✅ Sworn Statement (detailed timeline)
✅ Medico-legal & lab results (if any)
✅ Digital evidence (exported with timestamps)
✅ Witness lists and addresses

13) Limitations & Final Notes

Laws and implementing rules evolve (e.g., penalty grids, prescription, procedural timelines). Act promptly and consult a lawyer or PAO for case-specific advice.
If there is imminent danger, call or go to the PNP WCPD or nearest barangay immediately and request police assistance and a Protection Order.

If you want, tell me your city or province and I can draft a localized, step-by-step filing plan (where to go first, which court handles POs, and a short template affidavit) based on the typical process in that locality.