MANILA – The Supreme Court (SC) has issued amended guidelines on the use of the terms “qualified rape” and “statutory rape” in cases involving child victims, expanding the scope of “qualified rape of a minor” and increasing the minimum damages awarded to victims.

In a resolution penned by retired Associate Justice Mario V. Lopez, the SC En Banc denied the motion for reconsideration of a man convicted of raping his eight-year-old daughter. The court affirmed its earlier ruling finding him guilty of qualified rape of a minor and clarified that the designation applies when any of the 10 special qualifying aggravating circumstances under Article 266-B of the Revised Penal Code (RPC) are present.

The Regional Trial Court originally convicted the man based on the victim’s minority and their relationship. The Court of Appeals upheld the conviction but changed the designation to qualified statutory rape. The SC corrected this, ruling that “qualified rape of a minor” is the proper term, resolving inconsistencies in previous jurisprudence.

Under the RPC, statutory rape is committed when a man has sexual intercourse with a girl below the statutory age—even without force, threat, or intimidation—or with a woman whose intellectual age is below that threshold. Republic Act No. 11648 raised the age threshold from below 12 to under 16 years old.

Qualified rape, on the other hand, refers to sexual intercourse committed against the victim’s will under any of the circumstances listed in Article 266-B, such as abuse of authority, relationship, or the victim’s vulnerability, which merit a heavier penalty.

The SC noted that while it had traditionally used “qualified rape” even when statutory rape elements were present, some rulings since 2014 began using “qualified statutory rape,” causing confusion. It categorically ruled that qualified statutory rape is not the proper legal term and set out guidelines clarifying when each term should apply.

The amended guidelines now cover all 10 special qualifying aggravating circumstances, expanding from the previous three—minority and relationship, the victim’s age being below seven, and knowledge of the victim’s mental disability.

The SC also raised the minimum amounts of damages:

• PHP 150,000 each for civil indemnity, moral damages, and exemplary damages in qualified rape of a minor
• PHP 100,000 each in qualified rape
• PHP 75,000 each in statutory rape

These amounts may be increased if the accused showed cruelty in committing the crime.

The guidelines apply only to rape through carnal knowledge and not to rape through sexual assault.