FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 13 provides: 
The State recognizes the vital role of the youth in nation-building 
and shall promote and protect their physical, moral, spiritual, intellectual, 
and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. 
The convention on the Rights of the Child provides for minimum standard of 
protection of children against sexual abuse and exploitation. 
The Philippines, in 
compliance with its state obligation has provided legislative measure to address the child 
sexual abuse and exploitation which the Committee on the Rights of the Child 
characterized as a “relatively advanced legal framework.” Nevertheless, the Committee 
still has grave concerns about the sexual exploitation of children, including growing child 
prostitution, and the reported cases of child pornography in the state party.” 
More specifically, the Committee observes that the “minimum age of sexual 
consent” is not “clearly established” in the law and that the Penal code “imposes 
maximum penalties for sexual offenses when the victim is under twelve (12) years of age 
but imposes lower penalties for sexual offenses against minors over twelve (12) years of 
age.” Thus, the Committee recommends that the Philippines review its domestic 
legislation on children’s protection against sexual abuse and exploitation including 
providing equal sanctions to all sexual offenders. It likewise recommends that the 
Philippines “set a clearly defined minimum age of sexual consent at an internationally 
acceptable level in its domestic law.” 
Based on a comparative observation, the Philippines has one of the lowest 
minimum age established in determining statutory sexual abuses committed against 
children. Existing legislation also provides differential treatment on children in terms of 


application of particular provisions of sexual abuse protection laws and in terms of 
imposition of these laws when a child is below or above the minimum age of consent. 
Pursuant to the obligation of the Philippines under the Convention on the Rights 
of the Child, 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. 
The Committee did not state the particular age that i s  acceptable at the 
international level but 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. 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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45 
fip< j‘j y : : : ] :  
First Regular Session 
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S E N A T E  
~ . N O .  2172 
Introduced by Senator Miriam Defensor Santiago 
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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 PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Age of Statutory Rape 
and Acts of Sexual Abuse Act of 2008.” 
SECTION 2. The 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: 
..... 
(d) When the offended party is under SIXTEEN (16) [twelve (12)] years 
of age or is demented, even though none of the circumstances mentioned above be 
present.” 
NO RAPE IS COMMITTED IF THE PERSON WHO SHALL HAVE CARNAL 
KNOWLEDGE WITH ANOTHER WHO IS UNDER SIXTEEN (16) YEARS OF AGE 
IS HIMSELF OR HERSELF UNDER EIGHTEEN (18) YEARS OF AGE; PROVIDED 
THAT THE PERSON IS NOT MORE THAN TWO (2) YEARS OLDER THAN THE 
VICTIM; PROVIDED FURTHER THAT NONE OF THE CIRCUMSTANCES, 
MENTIONED IN PARAGRAPH 1 A, B, OR C ARE PRESENT. 
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SECTION 3. Repealing Clause. - Republic Act No. 7610 Section 5 (b), Act No. 
3815 Articles 337, 338, 339, 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. 
SECTION 4. 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. 
SECTION 5. 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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