Introduction

In the Philippine legal system, crimes against chastity and sexual integrity are governed primarily by the Revised Penal Code (RPC), as amended by subsequent laws such as Republic Act (RA) No. 8353 (the Anti-Rape Law of 1997), RA No. 7610 (the Special Protection of Children Against Abuse, Exploitation and Discrimination Act), and RA No. 9262 (the Anti-Violence Against Women and Their Children Act of 2004). These laws distinguish between various sexual offenses based on the nature of the act, the intent of the offender, the victim's circumstances, and the degree of consummation. Two related but distinct offenses are attempted rape and acts of lasciviousness. Understanding their penalties requires examining their definitions, elements, aggravating circumstances, and jurisprudential interpretations.

This article provides a comprehensive overview of the penalties for these offenses, highlighting their differences, applicable legal provisions, and relevant case law from the Supreme Court of the Philippines. It covers general applications, special cases involving minors or vulnerable persons, and procedural aspects such as prescription periods and civil liabilities.

Legal Definitions and Elements

Attempted Rape

Attempted rape falls under the broader category of rape as defined in Article 266-A of the RPC, as amended by RA 8353. Rape is committed in two main ways:

By a person having carnal knowledge of another against their will (e.g., through force, threat, intimidation, or when the victim is deprived of reason or unconscious).
By inserting any instrument or object into the genital or anal opening of another person under similar circumstances.

For the offense to be classified as attempted rape, the act must reach the stage where the offender has commenced the commission of rape directly by overt acts but does not perform all acts of execution due to some cause or accident other than their own spontaneous desistance (Article 6, RPC). The intent to commit rape—specifically, to have carnal knowledge—must be evident.

Key elements:

Overt acts that unmistakably indicate intent for sexual intercourse.
Non-consummation (e.g., the offender is interrupted before penetration).
Absence of voluntary desistance.

Examples from jurisprudence include cases where the offender removes the victim's clothing and positions themselves for penetration but is stopped (e.g., People v. Campuhan, G.R. No. 129433, March 30, 2000, where mere touching without entry was deemed attempted rape).

Acts of Lasciviousness

Acts of lasciviousness are defined under Article 336 of the RPC as any act of lasciviousness committed upon another person of either sex, under circumstances that would constitute rape, seduction, abduction, or other crimes against chastity if not for the absence of intent for carnal knowledge.

Key elements:

An act of lewdness or lasciviousness (e.g., touching intimate parts with sexual intent).
Committed through force, threat, intimidation, or other coercive means.
No intent to have carnal knowledge (distinguishing it from rape or attempted rape).

This offense is often a "catch-all" for sexual misconduct that does not escalate to rape. Jurisprudence clarifies that lascivious acts involve wanton, lustful behavior short of intercourse (e.g., People v. Collado, G.R. No. 135667-70, September 3, 2001).

A critical distinction: In attempted rape, the offender's actions demonstrate a clear trajectory toward penetration, whereas in acts of lasciviousness, the acts are lewd but lack that specific intent. The Supreme Court has ruled that if intent for carnal knowledge is proven, the charge upgrades to attempted rape (People v. Lizada, G.R. No. 143468-71, January 24, 2003).

Penalties Under the Revised Penal Code

Penalties in the Philippines follow the RPC's system of degrees, where the base penalty can be increased or decreased based on aggravating or mitigating circumstances. Imprisonment terms are categorized as follows:

Reclusion perpetua: 20 years and 1 day to 40 years.
Reclusion temporal: 12 years and 1 day to 20 years.
Prision mayor: 6 years and 1 day to 12 years.
Prision correccional: 6 months and 1 day to 6 years.
Arresto mayor: 1 month and 1 day to 6 months.

Penalty for Attempted Rape

Under Article 266-B of the RPC (as amended), consummated rape carries reclusion perpetua. For attempted rape, Article 51 of the RPC applies, imposing a penalty two degrees lower than the consummated offense.

Base penalty for attempted rape: Prision mayor (6 years and 1 day to 12 years).
With one aggravating circumstance: Prision mayor maximum to reclusion temporal minimum.
With qualifying circumstances (e.g., victim under 12 years old, or committed by a relative): May elevate to reclusion temporal or higher, depending on the law applied.

If the victim is a minor, RA 7610 or RA 9262 may impose higher penalties, treating it as qualified attempted rape.

Penalty for Acts of Lasciviousness

Under Article 336, the base penalty is prision correccional (6 months and 1 day to 6 years).

If committed with force or intimidation: Same as base.
Aggravating circumstances (e.g., abuse of authority): Increases to prision correccional maximum to prision mayor minimum.
No minimum penalty if committed with consent but under circumstances of seduction (though this is rare in modern application).

Distinction in severity: Attempted rape's penalty is generally higher due to the intent element, reflecting the law's view of it as a graver threat to chastity.

Special Laws Enhancing Penalties

RA 7610: Child Protection

For offenses against children (under 18 or those unable to protect themselves):

Attempted Rape: Treated as child abuse under Section 5(b), punishable by reclusion temporal medium to reclusion perpetua (14 years, 8 months, and 1 day to 40 years). If the child is under 12, it may qualify as statutory attempted rape.
Acts of Lasciviousness: Reclassified as "lascivious conduct" under Section 5(b), with penalties ranging from prision mayor minimum (6 years and 1 day to 8 years) for simple acts, to reclusion temporal (12 years and 1 day to 20 years) if with force or involving very young children. Repeat offenses or those causing serious harm can reach reclusion perpetua.

Jurisprudence emphasizes that RA 7610 prevails over the RPC for child victims (People v. Tulagan, G.R. No. 227363, March 12, 2019), ensuring stiffer penalties.

RA 9262: Violence Against Women and Children

If the offense is committed against a woman or child in the context of an intimate relationship:

Both attempted rape and acts of lasciviousness can be charged as psychological or physical violence, with penalties including prision mayor (up to 12 years) plus fines.
Economic abuse or threats may compound the charges.
Protective orders (e.g., barangay protection orders) can be issued, and violations carry additional penalties.

Other Relevant Laws

RA 11313 (Safe Spaces Act): Addresses lascivious acts in public spaces, imposing fines (P1,000 to P500,000) and imprisonment (arresto menor to prision correccional), but not directly altering RPC penalties.
RA 10175 (Cybercrime Prevention Act): If acts involve online elements (e.g., cyber lasciviousness), penalties increase by one degree.

Aggravating and Qualifying Circumstances

Penalties escalate with qualifiers under Article 266-B:

Victim under 18 and offender is a relative/guardian: Death penalty (commuted to reclusion perpetua post-RA 9346 abolishing death penalty).
Use of deadly weapon, victim under 7, or resulting in insanity/death: Higher degrees apply. For attempted rape, these push the penalty toward reclusion temporal. For acts of lasciviousness, similar qualifiers under RA 7610 apply, but generally cap at lower terms unless reclassified.

Mitigating circumstances (e.g., voluntary surrender) can reduce penalties by one degree.

Prescription Periods and Procedural Aspects

Prescription: Attempted rape prescribes in 20 years (afflictive penalty); acts of lasciviousness in 10 years (correctional penalty). Under RA 7610, no prescription for child abuse cases.
Jurisdiction: Regional Trial Courts handle both, except minor acts of lasciviousness which may fall to Municipal Trial Courts.
Evidence: Requires proof beyond reasonable doubt; medical exams, witness testimony, and victim statements are crucial. The "sweetheart defense" is invalid for minors.
Civil Liabilities: Offenders liable for moral damages (P50,000-P150,000), exemplary damages, and support if a child results. Under RA 9262, additional restitution.

Jurisprudential Developments

Supreme Court rulings refine these penalties:

People v. De Leon (G.R. No. 197550, March 23, 2011): Clarified that slight penetration constitutes consummated rape, downgrading mere touching to attempted rape or lasciviousness based on intent.
Olivarez v. Court of Appeals (G.R. No. 163866, July 29, 2005): Emphasized victim credibility in lasciviousness cases.
Post-2019 amendments via Tulagan: Harmonized penalties under RA 7610 and RPC, ensuring child victims receive maximum protection.
During the COVID-19 era, cases highlighted online lascivious acts, applying cybercrime enhancements.

Comparative Analysis

Aspect	Attempted Rape	Acts of Lasciviousness
Intent	Clear intent for carnal knowledge	Lewd acts without intent for intercourse
Base Penalty (RPC)	Prision mayor (6-12 years)	Prision correccional (6 months-6 years)
With Child Victim (RA 7610)	Reclusion temporal to perpetua (12-40 years)	Prision mayor to reclusion temporal (6-20 years)
Aggravating Factors	Elevates to reclusion temporal	Elevates to prision mayor
Prescription	20 years	10 years (none for child cases)
Civil Damages	Higher (P75,000+ moral)	Lower (P50,000+ moral)

In practice, attempted rape carries heavier penalties due to its proximity to consummated rape, reflecting societal condemnation of sexual violence.

Conclusion

The penalties for attempted rape and acts of lasciviousness under Philippine law underscore the graduated approach to sexual offenses, prioritizing victim protection, especially for minors and women. While the RPC provides the foundation, special laws like RA 7610 and RA 9262 significantly enhance punishments in vulnerable contexts. Legal practitioners must carefully assess intent and circumstances to charge appropriately, as misclassification can lead to acquittals or reduced sentences. Ongoing judicial interpretations ensure these laws evolve with societal needs, promoting justice and deterrence against sexual crimes. For specific cases, consultation with legal experts is essential, as penalties can vary based on individual facts.