EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No.
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SENATE
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'19 JUL -2 A11 54
RfCF./.ni:
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
STRENGTHENING REPUBLIC ACT NO. 8353, OTHERWISE KNOWN AS THE 
ANTI-RAPE ACT OF 1997, BY RAISING THE AGE OF SEXUAL CONSENT TO 
EIGHTEEN (1 8 ) YEARS OLD, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The statistics on rape and sexual violence in the Philippines are chilling. 
According to the Center for Women's Resources, every fifty-three minutes, a woman or 
child is raped in this country. Based on CWR's estimate, the number of recorded rape 
cases increased by 92 percent from 5,132 in 2010 to 9,875 in 2014. Violations of the 
Anti-Violence Against Women and Children Act escalated by 200 percent from year 
2010 to 2014.
The offense is particularly grievous when the victim is a minor -  one whose 
tender age and vulnerability render her an easy target of the predatory impulses of sex 
offenders. According to the Center for Women's Resources, seven out of ten victims of 
rape in the Philippines are children. And nine out of ten of these children are female. 
Cognizant of the particular vulnerabilities of children to sexual abuse, the Convention on 
the Rights of the Child is explicit that State Parties should protect the child from all 
forms of sexual exploitation and abuse. The Philippines as a state party is bound by this 
requirement. And yet, the age of sexual consent in this country remains appallingly law 
at twelve years old. It is among the lowest age threshold in the world. As a result of 
this, charges of statutory rape cannot be brought against adults who have sex with 
minors above the age of 12 years old.
This bill seeks to change this by raising the age of sexual consent. More clearly, 
this means raising the required age of the victim for the crime of statutory rape to 
attach to the offender from 12 to 18 years old.


This amendment is long overdue, and will create a policy framework that will 
protect girl-children from rape and sexual violence, ensure justice for rape victims, and 
create an enabling environment that will allow our girl-children to thrive and feel safe.
The passage of this bill is earnestly sought.
liJiQSeuSvuLi>m--
RISA HONTIVEROS
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 
3
o {  liir  '*= 
. . I I I ) '
*19 JUL -2 An 54
RECE'V OF,.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
STRENGTHENING REPUBLIC ACT NO. 8353, OTHERWISE KNOWN AS THE 
ANTI-RAPE ACT OF 1997, BY RAISING THE AGE OF SEXUAL CONSENT TO 
EIGHTEEN (1 8 ) YEARS OLD, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Title. -  This Act shall be known as the "Raising the Age of Sexual 
Consent 
Act 
of 
2019".
Sec. 2. Declaration o f Principles. -  It is the policy of the State to value the dignity 
of every human person and guarantee full respect for human rights. It is likewise the 
policy of the state to recognize the role of women in nation-building and ensure the 
fundamental equality before the iaw of women and men.
Sec. 3. Lack o f consent as essential element o f the crime o f rape. -  Rape is a 
sexual assault that violates a person's right to personal security and bodily integrity with 
the 
essential 
element 
of 
lack 
of 
consent.
Sec 4. Rape, when and how committed. -  Article 266A of Act No. 3815, 
otherwise known as the Revised Penal Code, Title 8, Chapter 3 on Rape, is hereby 
deleted and replaced with a new Article 266A, which will read as follows:
ARTICLE 266A.
SECTION 1. RAPE, WHEN AND HOW COMMITTED.
A. THE CRIME OF RAPE IS COMMITTED:


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1) BY A PERSON WHO HAS CARNAL KNOWLEDGE OF ANOTHER 
W ITHOUT 
THE 
LATTER'S 
CONSENT, 
WHETHER 
OR 
NOT 
INJURIES ARE INCURRED;
2) BY A MAN WHO TOUCHES OR INSERTS HIS PENIS INTO THE 
FEMALE'S INNER OR OUTER VAGINAL LABIA, W ITHOUT HER 
CONSENT, 
WHETHER 
OR 
NOT 
THE 
WOMAN 
SUFFERS 
INJURIES;
3) BY A MAN WHO TOUCHES OR INSERTS HIS PENIS INTO 
ANOTHER PERSON'S MOUTH OR ANAL ORIFICE, W ITHOUT THE 
PERSON'S CONSENT, WHETHER OR NOT THE PERSON SUFFERS 
INJURIES;
4 ) BY A PERSON WHO TOUCHES OR INSERTS ANY INSTRUMENT 
OR BODY PART OR OBJECT, INTO THE GENITAL OR ANAL 
ORIFICE OF ANOTHER PERSON, W ITHOUT THE LATTER'S 
CONSENT;
B. THE CRIME IS  COMMITTED UNDER ANY OF THE FOLLOWING 
CIRCUMSTANCES:
1) THROUGH LACK OF VICTIM 'S CONSENT, FORCE, THREAT, OR 
IN TIM ID A TIO N ;
2) THROUGH 
FRAUDULENT 
MACHINATION 
OR 
ABUSE 
OF 
AUTHORITY;
3) IN  
COERCIVE 
OR 
OTHER 
SIM ILAR  
CIRCUMSTANCES 
RENDERING THE VICTIM  INCAPABLE OF GIVING CONSENT, 
INCLUDING FORCING ANOTHER IN D IV ID U A L TO SEXUALLY 
ASSAULT THE VIC TIM ;
4 ) WHEN THE VICTIM  IS DEPRIVED OF REASON OR OTHERWISE 
UNCONSCIOUS, OR IS DEMENTED EVEN THOUGH NONE OF THE 
CIRCUMSTANCES MENTIONED ABOVE BE PRESENT, PROVIDED 
THAT HE/SHE IS NOT IN  HIS/HER LUCID INTERVAL DURING 
THE SEXUAL ACT;
5) WHEN THE VICTIM  IS  UNDER EIGHTEEN (1 8 ) YEARS OF AGE, 
EVEN THOUGH NONE OF THE CIRCUMSTANCES MENTIONED 
ABOVE BE PRESENT, PROVIDED, THAT THERE SHALL BE NO 
CRIM INAL LIA B ILITY  ON THE PART OF THE PERPETRATOR IF


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THE VIC TIM  IS BETWEEN FOURTEEN AND EIGHTEEN YEARS OF
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AGE; THE AGE DIFFERENCE BETWEEN THE PERPETRATOR AND
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THE VICTIM  IS  NOT MORE THAN FOUR (4 ) YEARS; AND THE
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SEXUAL ACT IN  QUESTION IS  PROVEN TO BE CONSENSUAL,
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NON-EXPLOITATIVE AND NON-ABUSIVE.
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Sec. 8. Separability Cause. - Should any provision of this Act be declared
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unconstitutional, the remaining parts not affected thereby shall remain valid and
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operational.
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Sec. 9. Repealing Cause. - All laws, decrees, orders, circulars, issuances, rules
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and regulations and parts thereof which are inconsistent with this act are hereby
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repealed, amended or modified accordingly.
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Sec. 10. Effectivity. - This act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in any two (2) newspaper of general circulation in
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the Philippines.
Approved,