Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

36338

House Bill No.

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Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

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EXPLANATORY NOTE

By virtue of Republic Act No. 8353, otherwise known as the Rape Law of 1997, the definition of
the felony of rape in Act No. 3815 of the Revised Penal Code ofthe Philippines was amended, such
‘amendment was incorporated in the Revised Penal Cade as Article 266-A. It included the definition
of statutory rape as that of having carnal knowledge of a woman who is under twelve (12) years

of age

‘The threshold age of twelve years old is one of the lowest minimum age for determining
statutory tape across the globe. This means that, in the Philippines, the age of sexual consent
also commences at twelve years old—the average developmental age of a child who is at the
onset of puberty. Children at the age of puberty—pegged between the ages of ten to sixteen
years—are just starting to develop various aspects of their self, and are considered to be
physically, mentally and emotionally immature. While childten mature and develop at different
paces, a fifteen-year old child is just as susceptible to abuse, inducement and exploitation as @

child who is eleven years old.

The 1987 Philippine Constitution, in its Article XV (The Family), Section 3, paragraph 2, mandates
the State to defend the right of children to assistance, including proper care and nutrition, and
special attention from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development. Furthermore, the United Nations’ Convention of the Rights of the
Child, in its Asticle 34, provides that State Parties shall undertake to protect the child from all


forms of sexual exploitation and sexual abuse. The same Article mandates State Parties to take all
appropriate national, bilateral and multilateral measures to prevent (a) the inducement or
coercion of a child to engage in any unlawful sexual activity, (b) the exploitative use of children
in prostitution or other unlawful sexual practices, and (@) the exploitative use of children in

pornographic performances and materials

“The State under the doctrine of parens patriae, is mandated to take measures to ensure that

sufficient protection is provided for children who might fall prey to sexual predators. ‘This

protection should extend to children below sixteen years of age who ate still deemed vulnerable
to abuse and exploitation It is, therefore, imperative that the minimum age of sexual consent be
modified not only to conform with the internationally acceptable level, but to protect the general

welfare of Filipino children,

Pursuant to the obligation of the Philippines under the Convention of the Rights of the Child, this bill
seeks to amend Article 266-A of the Revised Penal Code by raising the minimum age of consent in
determining statutory rape to sixteen years old, as well as to rationalize the penalties stipulated in
Article 266-B for child victims. Corollary to the proposed increase in the age of sexual consent
to sixteen years old, defining simple seduction as a felony becomes unnecessary since gitl
children are protected by the amended definition of statutory rape. Whenever deceit is employed
as a means to have carnal knowledge of the victim, recourse to a civil action is still possible
‘There is also a need to amend the definition of qualified seduction to reflect the threshold age of

consent
In view of the foregoing, immediate approval of this measure is earnestly sought.

he Cee

IBARRA “BARRY” ITIRRREZ U1 WALDEN F. BELLO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House BillNo, 8638

Introduced by AKBAYAN Representatives
Ibarra “Barry” M, Gutierrez III and Walden F. Bello

AN ACT
AMENDING THE DEFINITION OF THE CRIME OF RAPE INVOLVING GIRL
CHILDREN AND RATIONALIZING THE PENALTIES THEREFOR,
AMENDING FOR THIS PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE “REVISED PENAL CODE,” AND REPUBLIC ACT NO. 7610,
OTHERWISE KNOWN AS THE “SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT”

Be it enacted by the Senate and House of Representatives of the Pbilippines in Congress assembled:

1 SECTION 1. Short Title—This Act shall be known as “An Act Raising the Age for Statutory
2 Rape”
3
4 SECTION 2, Article 266-A of Act No. 3815, otherwise known as the Revised Penal Code, as
5 amended, is hereby amended to read as follows:
6
tf “Article 266-A. Rape. When and How Committed—Rape is
8 committed —
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10 1, By a man who shall have carnal knowledge of a woman
aa under any of the following circumstances:
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1 a, Through force, threat or intimidation;

2 b. When the offended party is deprived of reason ot is
3 otherwise unconscious,
4 c. By means of fraudulent machination or grave abuse of
5 authority;
6 d. When the offended party is under ewelve-(12)sixteen (16)
a years of age or is demented, even though none of the
8 circumstances mentioned above be present.
9
10 * ei By any person who, under any of the circumstances
rte mentioned in paragraph 1 hereof, shall commit an act of sexual
12 assault by inserting his penis into another person’s mouth ot anal
3 orifice, or any instrument or object, into the genital or anal orifice
14 of another person.”
15

16 SECTION 3. Article 266-B of Act No. 3815, otherwise known as the Revised Penal Code, as

17 amended, is hereby amended to read as follows:

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19 “Article 266-B. Penalties-—Rape under paragraph 1 of the next
20 preceding article shall be punished by reclusion perpetia.

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22 ‘Whenever the rape is committed with the use of a deadly weapon
23 ‘ or by two or mote persons, the penalty shall be recsion perpetua to
24 death.

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26 ‘When by reason ot on the occasion of the rape, the victim has
27 become insane, the penalty shall be reelusion perpetua to death.

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29 When the rape is attempted and a homicide is committed by
30 reason or on the occasion thereof, the penalty shall be reclusion
31 perpetua to death.

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33 ‘When by reason or on the occasion of the rape, homicide is
34 committed, the penalty shall be death.


a) Sa es tS

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‘The death penalty shall also be imposed if the crime of rape is
committed with any of the following aggravating/qualifying

circumstances:

1, When the victim is under eighteen (18) years of age and
the offender is a parent, ascendant, stepparent, guardian, relative
by consanguinity ot affinity within the third civil degree, ot the

common law spouse of the parent of the victim.

2. When the victim is under the custody of the police or

military authorities of any law enforcement or penal institution

3. When the rape is committed in full view of the spouse,
parent, any of the children of other relatives within the third civil

degree of consanguinity.

4, When the victim is a religious engaged in legitimate
religious vocation ot calling and is petsonally known to be such
by the offender before or at the time of the commission of the

crime.

5, When the victim is a child belowseven—(twelve (12)
years old,

6. When the offender knows that he is afflicted with Human
Immuno-Deficiency Virus (HIV)/ Acquired Immune Deficiency
Syndrome (AIDS) ot any other sexually transmissible disease and

the virus or disease is transmitted to the victim.

7. When committed by any member of the Armed Forces of
the Philippines ot para-military units thereof or the Philippine

National police or any law enforcement agency or penal


1 institution, when the offender took advantage of his position to
2 facilitate the commission of the crime,
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4 8, When by reason or on the occasion of the rape, the
5 victim has suffered permanent physical mutilation ot disability.
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7 9, When the offender knew of the pregnancy of the
8 offended party at the time of the commission of the crime.
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10 10, When the offender knew of the mental disability,
1 emotional disorder and/or physical handicap of the offended
12 party at the time of the commission of the crime.
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14 Rape under paragraph 2 of the next preceding article shall be
15 punished by prision mayor:
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17 Whenever the rape is committed with the use of a deadly weapon
18 of by two of more persons, the penalty shall be prision mayor to
19 reclusion temporal.
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a When the sape is attempted and a homicide is committed by
2 reason ot on the occasion thereof, the penalty shall be reelusion
23 Lemporal to reclusion perpetua.
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25 When by reason or on the occasion of the tape, homicide is
26 committed, the penalty shall be realusion perpetia.
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28 Reelusion temporal shall also be imposed if the rape is committed by
Cn any of the ten aggravating/ qualifying circumstances mentioned in
30 this article.”
31

32 SECTION 4, Pursuant to Sections 2 and 3 of this Act, Section 5(b) of Republic Act No. 7610,
33 otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination

34 Act” is hereby amended to read as follows:


“Section 5. Child prostitution and other sexual abuse —

SoG oe

(b) Those who commit the act of sexual intercourse ot lascivious

5 conduct with a child exploited in prostitution or subject to other
6 sexual abuse; Provided, That when the victim is under twelve
7 2 )sixteen (10) years of age, the perpetrators shall be prosecuted
8 under Atticle 355,parageaph-3; Article 266-A(1)(q), for rape and
9 ‘Article 336 Article 266-B of Act No. 3815, as amended, otherwise
10 known as the Revised Penal Code, for rape or lascivious conduct, as
re the case may be: Provided, ‘That the penalty for lascivious conduct
12 when the victim is under twelve-“2}sixteen (16) years of age shall
13 be reclusion temporal in its medium period; and”
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15 SECTION 5,Pursuant to Sections 2 and 3 of this Act, the second to the last paragraph of
16 Section 10 of Republic Act No. 7610, otherwise known as the Special Protection of Children Against
17 Abuse, Exploitation and Disorimination Act? is hereby amended to read as follows:

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9 “For purposes of this Act, the penalty for the commission of acts
20 punishable under Articles 248, 249, 262, paragtaph 2, and 263
21 paragraph 1 of Act No. 3815, as amended, the Revised Penal Code,
22 for the crimes of murder, homicide, other intentional mutilation,
2B and serious physical injuries, respectively, shall be recusion perpetua
24 when the victim is under twelve (12) years of age. The penalty for
25 the commission of act punishable under Articles 337, 339, 340
26 and 341 of Act No. 3815, as amended, the Revised Penal Code, for
27 the crimes of qualified seduction, acts of lasciviousness with the
28 consent of the offended party, corruption of minors, and white
29 slave trade, respectively, shall be one (1) degree higher than that
30 imposed by law when the victim is under twelve-(I3)sixteen (16)
31 years of age.”

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33 SECTION 6.Article 338 of Act No. 3815, otherwise known as the Revised Penal Code, as
34 amended, which defines simple seduction and which reads:


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“Article 338. Simple seduction.—The seduction of a woman who is
single or a widow of good reputation, over twelve but under
eighteen years of age, committed by means of deceit, shall be

punished by arresto mayor”

is hereby repealed,

SECTION 7. Article 337 of Act No. 3815, otherwise known as the Revised Penal Code, as

amended, is hereby amended to read as follows:

“Article 337. Oualified seduction —The seduction of a virgin over
‘twelvesixteen (I6)years and under eighteen years of age,
committed by any person in public authority, priest, home-
servant, domestic, guardian, teacher, or any person who, in any
capacity, shall be
woman seduced, shall be punished by prisionmwrreetionalprision

‘mayoria its minimum and medium periods.

ntrusted with the education or custody of the

‘The penalty next higher in degree shall be imposed upon any

petson who shall seduce his sister or descendant, whether or not

she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed
when the offender has carnal knowledge of any of the persons

and under the circumstances described herein.”

SECTION 8. Retroactive effect—All pending criminal cases, and accompanying civil cases, if
any, for a violation of Article 338 of the Revised Penal Code shall be dismissed upon the effectivity
of this Act.

Pursuant to Section 22 of the 1987 Philippine Constitution prohibiting the enactment of ex-post facto
laws or bills of attainder and to Article 22 of the Revised Penal Code, the provisions of this Act

shall have retroactive effect insofar as they are favorable to the person charged ot convicted


under Articles 266-A, 266-B, 337 and 338 of the Revised Penal Code, who is not a habitual criminal,
‘as defined in Rule 5 of Article 62 of the said Code, even if at the time of the publication of this
‘Act a final sentence has been pronounced and the convict is serving the same. Therefore, all
persons serving sentence for a violation of Article 337 of the Revised Penal Code shall be
immediately released upon the effectivity of this Act: Provided, That they are not serving sentence

or detained for any other offense or felony.

SECTION 9. Separability clause—If any part, section ot provision of this Act is held invalid

or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 10. Repealing clause-—All laws, decrees, orders, rules and regulations or other
issuances, particularly that of the Revised Penal Code, which are inconsistent with the provisions of
this Act, are hereby repealed, amended, or modified accordingly. Articles 266-A, 266-B and 337
of Act No. 3815 (Revised Penal Code, as amended), and Section 5(b) and the second to the last
paragraph of Section 10 of Republic Act No. 7610 (Special Protection of Children Against Child Abuse,
Exploitation, Disorimination Ad), are hereby amended. Article 338 of Act No. 3815 (Revited Penal
Code, as amended) is hereby repealed.

SECTION 11. Effectivity.—This Act shall take effect fifteen (15) days after the completion of

its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,