Republic of the Philippines 9
HOUSE OF REPRESENTATIVES 3.0 JUL 2013 |
Quezon City anf.

16" CONGRESS,
First Regular Session

HOUSE BILLNO._ 2042

Introduced by REP. EVELINA G, ESCUDERO-

EXPLANATORY NOTE

This bill amends the provision of the Penal Code by raising the minimum age of
consent to determine statutory rape to below 16 years of age, In this regard, it amends
or repeals the other provisions of the Penal Code, as well as special laws with the
attempt to address the disparity in the treatment of those persons who are below twelve
(12) years old and those twelve (12) years but below 18 years of age.

This bill is pursuant to the obligation of the Philippines under the Convention on
the Rights of the Child. A comparative observation of other countries’ laws around the
world shows that the Philippines has one of the lowest minimum age for determining
statutory rape.

This bill also seeks to rationalize the penalties for rape, qualified seduction and
simple seduction.

C-AVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session
2042

HOUSE BILL NO.

Introduced by RE!

ELINA G, ESCUDERO

AN ACT
MODIFYING THE DEFINITION OF THE CRIMES OF RAPE,
QUALIFIED SEDUCTION AND SIMPLE SEDUCTION INVOLVING MINOR
CHILDREN AND RATIONALIZING THE PENALTIES THEREFOR, AMENDING
FOR THE PURPOSE CERTAIN SECTIONS OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1, Short Title. - This Act shall be known as "The Law on Rape,
Quatified Seduction and Simple Seduction."

SECTION 2. Article 266-A of Act No. 3815, otherwise known as the Revised
Penal Code, as amended, is hereby amended to read as follows:

“ART. 266-A. Rape, When and how Committed, -- Rape is
committed -

1, By a MALE PERSON [man] who shall have carnal knowledge of
a FEMALE PERSON [woman] under any of the following
circumstances:

a. Through force, threat or intimidation;

b. When the offended party is deprived of reason or is otherwise
unconscious;

c. By means of fraudulent machination or grave abuse of authority;
and

d. When the offended party is under [twelve (12)] OR SIXTEEN
(16) years of age or is demented, even though none of the
circumstances mentioned above be present.

NO RAPE IS COMMITTED IF THE MALE PERSON WHO
SHALL HAVE CARNAL KNOWLEDGE OF A FEMALE
PERSON UNDER OR SIXTEEN (16) YEARS OF AGE IS
HIMSELF BELOW EIGHTEEN (18) YEARS OF AGE, UNLESS
ANY OF THE OTHER CIRCUMSTANCES MENTIONED
ABOVE IS PRESENT; PROVIDED, THAT THIS PROVISION IS


1 WITHOUT PREJUDICE TO THE OPERATION OF SECTION 6
2 OF REPUBLIC ACT NO. 9344.

3

4 2. By any person who, under any of the circumstances mentioned
5 in paragraph 1 hereof, shall commit an act of sexual assault by
6 inserting his penis into another person’s mouth or anal orifice, or
7 any instrument or object, into the genital or anal orifice of another
8 person.”

9
10
a) SECTION 3. Article 266-B of Act No, 3815, otherwise known as the Revised
12 Penal Code, as amended, is hereby amended to read as follows:
13
14 “ART. 266-B, Penalties, - Rape under paragraph 1 of the next
15 preceding article shall be punished by reclusion perpetua

16

17 Whenever the rape is committed with the use of a deadly weapon
18 or by two or more persons, the penalty shall be reclusion perpetua to
19 death.

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall become reclusion perpetua to death

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

27

28 When by reason or on the occasion of the rape, homicide is
29 committed, the penalty shall be death.

30

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

34

35 1. When the victim is under eighteen (18) years of age and the
36 offender is a parent, ascendant, step-parent, guardian, relative by
37 consanguinity or affinity within the third civil degree, or the
38 common-law spouse of the parent of the victim;

39

40 2. When the victim is under the custody of the police or military
41 authorities or any law enforcement or penal institution;

42 7

43 3. When the rape is committed in full view of the spouse, parent,
44 any of the children or other relatives within the third civil degree of
45 consanguinity;

46

47 4, When the victim is a religious engaged in legitimate religious
48 vocation or calling and is personally known to be such by the
49 offender before or at the time of the commission of the crime;

50


5. When the victim is a child below [seven (7)] TWELVE (12) years
old;

6. When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and
the virus of disease is transmitted to the victim;

7. When committed by any member of the Armed Forces of the
Philippines or para-military units thereof or the Philippine
National Police or any law enforcement agency or penal institution,
when the offender took advantage of his position to facilitate the
commission of the crime;

8. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;

9, When the offender knew the pregnancy of the offended party at
the time of the commission of the crime; and,

10, When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the
time of the commission of the crime

Rape, under paragraph 2 of the next preceding article, shall be
punished by prision mayor.

Whenever rape is committed with the use of a deadly weapon or by
two or more persons, the penalty shall be prision mayor to reclusion
temporal

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion perpetua to death.

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

When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be reclusion perpetua.

Reclusion temporal shall be imposed if the rape is committed by any
of the ten aggravating/ qualifying circumstances mentioned in this

article.”
46 SECTION 4, Article 337 of Act No. 3815, otherwise known as the Revised Penal
47 Code, as amended, is hereby amended to read as follows:

48

49 “ART. 337, Qualified Seduction, - The seduction of a FEMALE

50 PERSON WHO IS A virgin over [twelve] SIXTEEN 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 entrusted with the education
or custody of the FEMALE PERSON [woman] seduced, shall be
punished by [prision correccional] PRISION MAYOR in its
minimum and medium periods.

The penalty next higher in degree shall be imposed upon any
person who shall seduce his sister or FEMALE 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 5. Article 338 of Act No. 3815 otherwise known as the Revised Penal
Code, as amended, is hereby amended to read as follows:

“ART. 338. Simple Seduction, - The seduction of a FEMALE
PERSON [woman] who is single or a widow of good reputation,
over [twelve (12)] SIXTEEN (16) but under eighteen years of age,
committed by means of deceit, shall be punished by [arresto mayor]
PRISION CORRECCIONAL.”

SECTION 6. Separability Clause, - If any part or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected thereby shall remain
valid

SECTION 7. Repealirig Clause. -Articles 266-A, 266-B, 337, and 338 of Act No.
3815, otherwise known as the Revised Penal Code as amended; Section 5(b) and Section
10, penultimate paragraph of Republic Act No. 7610 otherwise known as the Special
Protection of Children Against Abuse, Exploitation and Discrimination Act; and all
laws, acts, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.

SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days after
completion of its publication in the Official Gazette or at least in two (2) newspapers of

general circulation.

Approved,