THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
‘04 
JJL -7 
P I  2 8  
First Regular Session 
) 
d 
Introduced by Senator Pangilinan 
EXPLANATORY NOTE 
Republic Act No. 8353 (RA 8353) or the “Anti - Rape Act of 1997” expanded the 
definition of rape to cover indignities that women suffer, which may be worse 
than non-consensual sex. With the advent of RA 8353, rape includes the 
insertion of the penis into another person’s mouth or anal orifice, and the 
insertion of “any instrument or object, into the genital or anal orifice of 
another person.” 
However, on 28 September 2000, the Department of Justice (DOJ) issued 
Memorandum Circular No. 22, which provides guidelines on the interpretation 
of RA 83 53, and it concluded that “the insertion of a finger into a woman’s 
vagina i s  not rape’ under the said law. 
With the DOJ’s guidelines, an unusual situation arises where the insertion of 
any object into any orifice of a person qualifies as rape; but the insertion of a 
person’s fingers alone will not. This interpretation defies common sense, and 
worse, suggest that the insertion of an assailant’s finger is less offensive than 
the insertion of other objects or instrument into a woman’s vagina. This 
interpretation also allows perpetrators of the act of inserting a finger into the 
vagina to be charged only with the lesser offense of “acts of lasciviousness.” 
Congress must act to repair the unsound interpretation of RA 8353. 
In view of the foregoing, approval of this bill i s  urgently recommended. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
’04 
JUL -7 P 1 28 
First Regular Session 
) 
K
-
Introduced by Senator Pangilinan 
AN ACT AMENDING REPUBLIC ACT NO. 8353, OTHERWISE KNOWN AS “THE 
ANTI - RAPE LAW OF 1997” 
Be enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Section 2 of Republic Act No. 8353, otherwise known as the 
“Anti - Rape Law” i s  hereby amended to read as follows: 
Chapter 111 
Rape 
Article 266-A. Rape; When and How Committed. - Rape i s  committed - 
1) By a man who shall have carnal knowledge of a woman under any of the 
circumstances: 
a) Through force, threat, or intimidation; 
b) When the offended party i s  deprived of reason or otherwise 
unconscious; 
c) By means of fraudulent machinations or grave abuse of 
authority; and 
d) When the offended party i s  under twelve (12) years of age or 
i s  demented, 
even though none of the circumstances 
mentioned above be present. 
2. By any person who, under any of the circumstances mentioned in 
paragraph 1 hereof, shall commit an act of sexual assault by inserting 
[his] THE penis into another person’s mouth or anal orifice, or any 
instrument, [or] object, OR ANY OTHER PART OF THE BODY into the 
genital or anal orifice of another person.” 
SECTION 2. Separability Clause. - If any part or provision of this Act i s  
declared unconstitutional or invalid, other parts or provisions hereof, 
which are not affected, shall continue to remain in full force and effect. 
SECTION 3. Repealing Clause- 
All laws, presidential decrees and 
issuances, executive orders, rules and regulations, or parts thereof inconsistent 
with or contrary to the provisions of this Act are hereby repealed or modified 
accordingly. 


SECTION 4. Effectivity - This Act shall take effect fifteen (15) days 
following completion of i t s  publication in at least two (2) newspapers of 
general circulation. 
Approved,