This article synthesizes the relevant provisions of the Revised Penal Code (RPC)—particularly Articles 6, 51, 61–71 and Articles 266-A to 266-D as amended by Republic Act No. 8353 (Anti-Rape Law of 1997)—together with generally applied doctrines in Philippine jurisprudence. It focuses on attempted rape (not consummated rape) and covers definitions, elements, penalties, civil liabilities, procedure, and common issues.

1) Legal Framework and Definitions

1.1 Rape in Philippine law (overview)

Rape is defined under Article 266-A in two modes:

By sexual intercourse (e.g., through force, threat, or intimidation; when the victim is deprived of reason; when the victim is under the age of consent; or when the victim is unconscious).
By sexual assault (e.g., insertion of the penis into another’s mouth or anal orifice, or insertion of any instrument/object into the genital or anal orifice).

The age of sexual consent is 16 (as amended by later legislation). When the victim is below 16, rape is consummated by sexual intercourse regardless of consent.

1.2 “Attempted” felony (Article 6, RPC)

A felony is attempted when the offender commences the commission of the crime directly by overt acts, and does not perform all the acts of execution which would produce the felony by reason of some cause or accident other than his/her own spontaneous desistance.

Applied to rape, the question becomes: did the accused perform overt acts directly tending to accomplish sexual intercourse (or sexual assault), but failed to consummate it due to causes independent of his/her will?

If the overt acts do not directly tend to consummate carnal knowledge/sexual assault, the offense commonly falls to Acts of Lasciviousness (Art. 336 RPC) or to child-specific offenses under special laws, rather than attempted rape.

2) Elements of Attempted Rape

To convict for attempted rape, the prosecution must typically establish:

Intent to have sexual intercourse (or to commit sexual assault) with the victim under the circumstances defined in Article 266-A (e.g., use of force/intimidation, victim under 16, etc.);
Overt acts directly and unambiguously tending toward penetration (or toward the proscribed sexual assault), such as forcing the victim down, removing lower garments, positioning for intercourse, attempting penile or object insertion, etc.;
Non-consummation due to causes independent of the offender’s will (e.g., victim’s resistance, intervention of a third person, the accused being prevented or interrupted); and
Identity of the offender and corpus of the crime proved beyond reasonable doubt.

Medical findings are helpful but not indispensable; Philippine courts may sustain a conviction for attempted rape on credible testimonial evidence alone, provided the elements are proved.

3) Penalties for Attempted Rape

3.1 General rule on stages of execution (Article 51 RPC)

For attempted felonies, the penalty is two (2) degrees lower than that prescribed by law for the consummated felony, unless a special law provides otherwise.

3.2 Penalties prescribed for consummated rape (Article 266-B)

Simple (unqualified) rape by sexual intercourse generally carries reclusion perpetua.
Qualified rape (when certain qualifying circumstances under Article 266-B are present, e.g., victim’s minority combined with specific relationships, victim under custody, use of deadly weapon with particular results, rape by two or more persons, etc.) formerly carried death, now reclusion perpetua without eligibility for parole in view of the death penalty prohibition.

These baseline penalties determine the starting point before applying Article 51’s “two-degrees-lower” rule for attempt.

3.3 Degree-lowering and resulting penalties for attempted rape

Consummated rape category	Prescribed penalty for consummated offense	Penalty for attempted (two degrees lower)
Simple rape (Art. 266-B, first paragraph)	Reclusion perpetua	Prisión mayor (6 years & 1 day to 12 years)
Qualified rape (Art. 266-B, qualified circumstances)	Death (now reclusion perpetua in lieu thereof; no parole)	Reclusión temporal (12 years & 1 day to 20 years)

Notes on ranges and periods

Prisión mayor periods:
- Minimum: 6y1d–8y
- Medium: 8y1d–10y
- Maximum: 10y1d–12y
Reclusión temporal periods:
- Minimum: 12y1d–14y8m
- Medium: 14y8m1d–17y4m
- Maximum: 17y4m1d–20y

Period selection follows Article 64 RPC depending on presence of mitigating or aggravating circumstances (e.g., nighttime, dwelling, relationship, intoxication, minority of victim when not a qualifying circumstance, etc.).

3.4 Indeterminate Sentence Law (ISL)

Because attempted rape is punished by prisión mayor or reclusión temporal, the Indeterminate Sentence Law generally applies:

The maximum is selected within the proper period of the penalty prescribed (prisión mayor or reclusión temporal).
The minimum is selected within the range of the penalty next lower (for prisión mayor → prisión correccional; for reclusión temporal → prisión mayor).

3.5 Effects of special circumstances

Aggravating circumstances can move the court to the maximum period of the relevant penalty; mitigating circumstances can lower it to the minimum.
Privileged mitigating (e.g., minority of the offender) may lower the penalty by one degree regardless of aggravating circumstances (then apply ISL to the new base penalty).

4) Attempted Rape by Sexual Assault

Article 266-A(2) covers sexual assault (non-vaginal intercourse forms). Attempted commission here also triggers Article 51’s two-degrees-lower rule, starting from the penalty for consummated sexual assault under Article 266-B (normally prisión mayor for consummated sexual assault, subject to increases/qualifications). Thus:

Attempted sexual assault → generally prisión correccional (one degree lower from prisión mayor for frustrated, two degrees lower for attempted → arresto mayor to prisión correccional depending on the exact prescribed penalty and any qualifying/aggravating factors).
Exact computation depends on the baseline penalty applicable to the consummated act under the specific facts (e.g., use of a deadly weapon, relationship). Courts will apply Articles 61–71 to determine degrees.

In practice, prosecutors plead both modes in the Information where facts support them, and trial courts tailor conviction to the proven mode and stage (e.g., attempted sexual intercourse vs attempted sexual assault).

5) Qualified vs. Aggravated vs. Separate Offenses

Qualifying circumstances in Article 266-B change the nature of rape (elevate to qualified rape). For attempted cases, they determine the starting consummated penalty (often “death”), from which the two-degree reduction yields reclusión temporal.
Generic aggravating circumstances (e.g., abuse of superior strength, nighttime) do not change the nature of the crime, but affect period selection.
Conduct that injures the victim (e.g., serious physical injuries) can be the subject of a separate offense or a complex crime, depending on the facts and charges.

6) Procedural and Evidentiary Points

Information drafting: It should specify the mode (sexual intercourse or sexual assault), stage (attempted), and any qualifying or aggravating circumstances.
Venue: Where the offense was committed or where any element occurred.
Bail: Since the penalties for attempted rape are below reclusión perpetua, bail is generally a matter of right before conviction.
Evidence:
- Victim’s testimony can be sufficient if credible and consistent with human experience.
- Medical examination is not indispensable but can corroborate force/attempt (e.g., abrasions, genital findings are not required for attempt).
- Intent is inferred from conduct (e.g., removing garments, pinning the victim, positioning for intercourse, attempting penetration).
- Spontaneous desistance (the offender voluntarily stops before external interruption) may absolve from attempted rape but may still result in liability for acts of lasciviousness.

7) Prescription (Statute of Limitations)

Under Article 90 RPC:

Crimes punishable by reclusión temporal (e.g., attempted qualified rape) prescribe in 20 years.
Crimes punishable by prisión mayor (e.g., attempted simple rape) prescribe in 15 years.

Prescription generally runs from the day the crime is discovered by the offended party, the authorities, or their agents, subject to rules on interruption (e.g., filing of complaint or Information).

8) Civil Liabilities and Damages

Upon conviction, courts routinely award civil indemnity, moral and exemplary damages, and interest, applying standardized amounts developed in jurisprudence. For attempted rape, awards are lower than for consummated rape but remain substantial to compensate for injury to dignity, mental anguish, and to deter similar conduct. Temperate damages may be awarded if actual damages cannot be proved with receipts. Attorney’s fees and costs may also be granted in appropriate cases.

9) Distinguishing Attempted Rape from Related Offenses

Acts of Lasciviousness (Art. 336 RPC): Where the acts are lewd but do not directly tend to accomplish carnal knowledge or sexual assault, or where intent to rape is not established.
Child-specific offenses (e.g., under special laws): Even absent intent to rape, lascivious acts against minors may be prosecuted under special statutes with their own penalty frameworks.
Grave coercion, physical injuries, threats: Charged separately if elements are independently met and not absorbed.

10) Sentencing Examples (Illustrative)

Scenario A (Attempted simple rape) Facts show clear intent to have sexual intercourse by force, overt acts directly tending to penetration, but thwarted by the victim’s resistance.

Baseline (consummated simple rape): reclusión perpetua.

Attempted: two degrees lower → prisión mayor (6y1d–12y).

With one ordinary mitigating, no aggravating: court may impose prisión mayor minimum period; under ISL, minimum within prisión correccional.

Scenario B (Attempted qualified rape) Same as A, but with qualifying relationship/minority as alleged and proved.

Baseline (consummated qualified rape): death (now reclusión perpetua w/o parole).

Attempted: two degrees lower than death → reclusión temporal (12y1d–20y).

Under ISL, minimum within prisión mayor.

11) Key Practical Takeaways

Attempted rape exists when overt acts directly tending to consummate rape are shown but penetration/assault did not occur for reasons beyond the offender’s control.
Penalty math: start from the penalty for consummated rape (Art. 266-B), then go two degrees lower (Art. 51).
Attempted simple rape → prisión mayor; attempted qualified rape → reclusión temporal.
ISL applies; courts craft indeterminate sentences drawing the minimum from the next lower penalty.
Bail is generally available prior to conviction; prescription is 15 years (prisión mayor) or 20 years (reclusión temporal), depending on the case.
Civil damages are awarded even for attempts, guided by jurisprudential standards.

12) Checklist for Prosecutors and Defense

Information: Plead the mode, stage, and qualifying facts with specificity.
Proof: Establish intent and overt acts that directly tend to consummation; explain the intervening cause of non-consummation.
Charging strategy: Consider alternative charges (e.g., acts of lasciviousness) where evidence of intent to rape is equivocal.
Sentencing: Compute degrees correctly; apply Article 64 (periods), privileged mitigating (if any), and ISL.
Civil claims: Seek or contest appropriate civil indemnity, moral, exemplary, and temperate damages plus legal interest.

Final Word

While the doctrinal anchors (Articles 6, 51, 266-A to 266-D, and Articles 61–71) are stable, specific outcomes turn on facts—particularly the clarity of intent and the directness of overt acts toward consummation. Courts distinguish carefully between attempted rape and lewd acts; success or failure at trial often hinges on precise, credible testimony and meticulous char