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19th CONGRESS 
Third Regular Session 
HOUSE BILL NO.  10796 
Introduced by Hon. Charisse Anne Hernandez 
Lone District of Calamba, Laguna 
EXPLANATORY NOTE 
The Philippines has made significant strides in advancing women's rights and 
protecting women and children from various forms of violence. Republic Act No. 
9262, otherwise known as the "Anti-Violence Against Women and Their 
Children Act of 2004," stands as a testament to this commitment. However, 
despite the protections afforded by this law, there remains a glaring omission: the 
recognition of marital rape as a distinct and punishable form of sexual violence. 
Marital rape, the act of a spouse forcibly engaging in sexual intercourse with the 
other spouse without consent, remains a pervasive issue. This crime is rooted in 
the outdated and harmful notion that marriage implies perpetual consent to sexual 
relations, effectively stripping individuals of their autonomy and right to bodily 
integrity within the marital relationship. This misconception perpetuates the idea 
that a spouse, usually the wife, cannot refuse sexual advances from her partner, 
thereby enabling and excusing acts of sexual violence within marriage. 
The current legal framework fails to adequately address this issue, leaving many 
victims without recourse. By excluding marital rape from the definition of sexual 
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violence, the law inadvertently condones such acts, denying victims the 
protection they desperately need. This gap in the law not only undermines the 
very purpose of RA 9262 but also perpetuates gender inequality and violates the 
fundamental human rights of women. 
This bill seeks to amend Republic Act No. 9262 by explicitly including marital 
rape as an act of sexual violence against women. The proposed amendment will 
provide a clear legal basis for prosecuting marital rape, ensuring that all forms of 
sexual violence are recognized and penalized, regardless of the marital 
relationship between the offender and the victim. By doing so, this bill reinforces 
the principle that consent is central to all sexual relations and that marriage does 
not nullify an individual's right to say "no." 
Furthermore, this amendment is in line with the Philippines' obligations under 
international human rights instruments, including the Convention on the 
Elimination of All Forms of Discrimination Against Women (CEDAW), which 
calls for the elimination of all forms of violence against women, including marital 
rape. 
In conclusion, the enactment of this bill is a necessary step toward ensuring that 
all forms of sexual violence, including those within marriage, are recognized and 
punished. It is a vital measure to protect the rights and dignity of women, uphold 
the principles of equality and justice, and ensure that no woman is left unprotected 
from violence, regardless of her marital status. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
CHARISSE ANNE C. HERNANDEZ 


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19th CONGRESS 
Third Regular Session 
HOUSE BILL NO.  10796 
Introduced by Hon. Charisse Anne Hernandez 
Lone District of Calamba, Laguna 
AN ACT AMENDING  
REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE "ANTI-
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 
2004," BY INCLUDING MARITAL RAPE AS AN ACT OF SEXUAL 
VIOLENCE AGAINST WOMEN 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Amendment to Section 3, Paragraph (a) of Republic Act No. 9262. – 
Section 3, Paragraph (a) of Republic Act No. 9262, otherwise known as the "Anti-
Violence Against Women and Their Children Act of 2004," is hereby amended 
to include subsection (D) under paragraph B of Paragraph (a) of Section 3 as 
follows: 
“SECTION 3. Definition of Terms.- As used in this Act, 
(a) "Violence against women and their children" refers to any act or a series
of acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or


 
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dating relationship, or with whom he has a common child, or against her 
child whether legitimate or illegitimate, within or without the family abode, 
which result in or is likely to result in physical, sexual, psychological harm 
or suffering, or economic abuse including threats of such acts, battery, 
assault, coercion, harassment or arbitrary deprivation of liberty. It includes, 
but is not limited to, the following acts: 
A. "Physical Violence" refers to acts that include bodily or physical 
harm; 
B. "Sexual violence" refers to an act which is sexual in nature, 
committed against a woman or her child. It includes, but is not 
limited to: 
a) rape, sexual harassment, acts of lasciviousness, treating a 
woman or her child as a sex object, making demeaning and 
sexually suggestive remarks, physically attacking the sexual 
parts of the victim's body, forcing her/him to watch obscene 
publications and indecent shows or forcing the woman or her 
child to do indecent acts and/or make films thereof, forcing 
the wife and mistress/lover to live in the conjugal home or 
sleep together in the same room with the abuser; 
b) acts causing or attempting to cause the victim to engage in 
any sexual activity by force, threat of force, physical or other 
harm, or threat of physical or other harm or coercion; 
c) Prostituting the woman or child. 
D) MARITAL RAPE OR AN ACT OF A SPOUSE 
FORCIBLY HAVING SEXUAL INTERCOURSE WITH 
THE OTHER SPOUSE. 
Section 2. Amendment to Section 5, Paragraph (b) of Republic Act No. 9262. – 
Section 5, Paragraph (b) of Republic Act No. 9262 is hereby amended to read as 
follows: 
“SECTION 5. Acts of Violence Against Women and Their Children.- The crime 
of violence against women and their children is committed through any of the 
following acts: 
(a) Causing physical harm to the woman or her child; 


 
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(b) Threatening to cause the woman or her child physical harm [;] OR 
MAKING THE WOMAN OR HER CHILD AFRAID THAT THEY 
WILL BE PHYSICALLY HARMED, SEXUALLY ASSAULTED, 
OR RAPED, INCLUDING THREATS OF MARITAL RAPE;” 
SECTION 3. Repealing Clause. – All laws, presidential decrees, executive 
orders, rules, and regulations or parts thereof inconsistent with the provisions of 
this Act are hereby repealed, amended, or modified accordingly. 
SECTION 4. Separability Clause. — If any provision or part hereof is declared 
unconstitutional, the remainder of this Act or any provision not affected shall 
remain in full force and effect. 
SECTION 5. Effectivity Clause. — This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
 
Approved,