THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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S E N A T E  
S. B. No. 2475 
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Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Originally penalized under Article 335 of the Revised Penal Code as 
a felony against chastity, the felony of rape has been transferred to 
Articles 266-A up to 266-D, Title Eight, Book I1 of the RPC. Its inclusion 
in Title Eight of Book I1 indicates the vital change brought by RA 8353 or 
the “Anti - Rape Act of 1997” --- rape is now a felony against persons. 
It placed emphasis on the fact that rape is a violation of the dignity of 
every person, irrespective of gender. 
Under the present law, the felony of rape is committed in two (2) 
ways: a) carnal knowledge by a man of a woman, and b) sexual assault 
by one against another, regardless of gender. The second mode is 
significant for it now recognizes rape thru the insertion of the “penis 
into another person’s mouth or anal orifice,” and rape thru the 
insertion of “any instrument or object, into the genital or anal 
orifice of another person.” This proviso, however, did not contemplate 
a situation where a finger or any body part other than the genitalia is 
inserted into the female organ. 
On 28 September 2000, the Department of Justice issued 
Memorandum Circular No. 22, providing guidelines on the interpretation 
of RA 8353. It opined that under the law “the insertion of a finger into a 
woman’s vagina is not rape.” 
This issue was laid to rest when the Supreme Court in People v 
Palma [ 11 December 2003 (G.R. No. 148869-74)] ruled that insertion of a 
finger now constitutes rape with sexual assault. 
Although the provision leaves no room for doubt as to its proper 
interpretation owing from the recent jurisprudence, Congress must still 
perform its task to amend the law and put in place the necessary 
wordings. 
Therefore, I urge my colleagues to pass this measure. 
24 /A 
EDGARDO J. ANGARA 


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THIRTEENTH CONGRESS OF THE 
1 
Third Regular Session 
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REPUBLIC OF THE PHILIPPINES 
S E N A T E  
S. B. No. 2475 
Introduced by SENATOR EDGARDO J. ANGARA 
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” is hereby amended to read as follows: 
Chapter I11 
RAPE 
ART. 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: 
a) Through force, threat, or intimidation; 
b) When the offended party is deprived of reason or is otherwise 
unconscious; 
c) By means of fraudulent machinations or grave abuse of 
authority; 
d) When the offended party is under twelve (12) years of age or 
is demented, even though none of the circumstances 
mentioned above be present. 
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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 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 provision of this Act or 
an application thereof to any person or circumstance is held to be 
invalid, the other provisions of this Act, and the application of such 
provision to other persons or circumstances, shall not be affected 
thereby. 
SECTION 3. Repealing CIause. All existing laws, orders, rules 
and regulations or parts thereof deemed inconsistent with the 
provisions of this Act are hereby repealed, amended, or modified 
accordingly. 
SECTION 4. Effectivity Clause. This Act shall take effect fifteen 
(15) days following its complete publication in the Official Gazette or in at 
least two (2) newspapers of general circulation. 
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Approved, 
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