Seventeenth Congress
First Regular Session

» RE - ca
ms mee “ty

Introduced by Honorable Cristina “Chiqui” Roa-Puno

HOUSE BILL No, 9004

EXPLANATORY NOTE

The establishment of a minimum age of sexual consent is an important
component of the protection of children from sexual abuse. Children below such
age are considered without the power to resist and to give their genuine and fully
informed consent to any sexual activity. As such, the act of engaging in sexual
activity with children below such age must be considered unlawful.

Article 34 of the Convention on the Rights of a Child obliges State parties to
take all measures to protect children from all forms of sexual exploitation and
sexual abuse including coercion to engage in any unlawful sexual activity. This
includes passage of laws that prohibit engaging in sexual activity with children
below the age of sexual consent.

The Philippines in various laws set a minimum age for sexual consent.
Sexual intercourse with children below 12 years old is illegal and tantamount to
rape. In addition, sexual activity with a person below 18 years of age may
constitute child abuse and exploitation.

UNICEF found that the Philippines’ age of consent is not compliant with
international average and that significant reform or development of new laws is
required. Based on a survey, most countries has an age of consent fixed at 16 years
of age.

"2015 UNICEF Report, “Analysis of Domestic Laws related to Violence against Children: Philippines”,
July 2015


Pursuant to the obligation of the Philippines under the Convention on the
Rights of the Child and to comply with international average, this bill amends the
provisions of the Revised Penal Code as well sections of Republic Act No. 7610 by
increasing the age for determining statutory rape and other acts of sexual abuse and
exploitation from 12 years old to 16 years old.

The immediate passage and effectivity of the proposed bill are requested.

cristina ecintour’ RGA-PUNO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5004
HOUSE BILL

Introduced by Honorable Cristina “Chiqui” Roa-Puno
AN ACT INCREASING THE AGE FOR DETERMINING
STATUTORY RAPE AND OTHER ACTS OF SEXUAL ABUSE AND
EXPLOITATION TO PROVIDE STRONGER PROTECTION FOR
CHILDREN AND AMENDING FOR THIS PURPOSE ACT NO. 3815, AS
AMENDED, ALSO KNOWN AS THE REVISED PENAL CODE AND
REPUBLIC ACT NO. 7610, ALSO KNOWN AS THE SPECIAL
PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATORY ACT.”

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

SECTION 1. Title. — This Act shall be known as the “Age of Statutory

Rape and Other Sexual Abuse Act.”

SEC. 2. The Revised Penal Code, Article 266-A (1) (d), is hereby amended

to read as follows:


“Article 266-A. Rape - When and How

Committed. Rape is committed:

1.) By a man who shall have carnal knowledge
of a woman under any of the following circumstances:

XXX

(d) When the offended party is under
SIXTEEN (16) [twelve] years of age or is
demented, even though none of the circumstances

mentioned above be present.”

SEC. 3. The Revised Penal Code, Article 337, is hereby amended to read as
follows:

“Article 337. Qualified Seduction. - The
seduction of a virgin [over] SIXTEEN (16) [twelve]
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 eduction or
custody of the woman seduced, shall be punished by
prison correctional in its minimum and medium
periods

XXX.


SEC. 4. The Revised Penal Code, Article 338, is hereby amended to read as
follows:

“Article 338. Simple Seduction. - The seduction
of a woman who is single or a widow of good
reputation, [over] SIXTEEN (16) [twelve] but under
eighteen years of age, committed by means of deceit

shall be punished by arresto mayor.”

SEC. 5. The Penal Code, Article 342, is hereby amended to read as follows:

“Art. 342. Forcible abduction. — The abduction
of any woman against her will and with lewd designs

_shall be punished by reclusion temporal.

The same penalty shall be imposed in every
case, if the female abducted be under SIXTEEN (16)
[twelve] years of age.”

SEC. 6. The Penal Code, Article 343, is hereby amended to read as follows:

“Art. 343. Consented abduction. — The
abduction of a virgin SIXTEEN (16) [over twelve]
years and under eighteen years of age, carried out with

her consent and with lewd designs, shall be punished


by the penalty of prision correccional in its minimum

and medium periods.”

S!

. 7. Republic Act No. 7610, otherwise known as the Special Protection
of Children against Abuse Exploitation and Discriminatory Act, Section 5, is

hereby amended to read as follows:

Section 5. Child Prostitution and Other Sexual
Abuse. — Children, whether male or female, who for
money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and
other sexual abuse.

XXX

(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under
SIXTEEN (16) [twelve (12)] years of age, the
perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct
when the victim is under SIXTEEN (16) [twelve


(12)] years of age shall be reclusion temporal in
its medium period; and

XXX

SEC. 8. Republic Act No. 7610, Section 10, is hereby amended to read as
follows:

“Section 10. Other Acts of Neglect, Abuse,
Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. —

XXX

(b) Any person who shall keep or have in his
company a minor, SIXTEEN (16) [twelve (12)]
years or under or who in ten (10) years or more his
junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000):
Provided, That this provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the

performance of a social, moral or legal duty.

XXX”


SEC..9: Repealing Clause. — Republic Act No. 7610, Section 5 (b) and
Section 10 (b), Act No. 3815, Articles 337, 338, 339, 340, 342 and 343, 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.

SEC. 10.  Separability Clause. — If any provision of this Act is held
invalid or unconstitutional, the remainder of the Act or the provision not otherwise

affected shall remain valid and subsisting.

SEC. 11. Effectivity Clause.— This Act shall take effect fifteen (15) days

after its publication in at least two (2) newspapers of general circulation.

Approved

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