FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 452 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The 1987 Constitution accord the highest recognition to the sanctity of the 
family as a basic autonomous social institution and foundation of our nation. 
Towards this end, the State is mandated to strengthen its solidarity and actively 
promote its total development, promote and protect the physical, moral, spiritual, 
intellectual and social well-being of the youth and defend the right of the children 
to assistance, including proper care and nutrition and special protection from all 
forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to 
their development. 
In his newspaper column, Justice Isagani Cruz once observed: 'What 
makes incestuous rape doubly odious is the father's moral influence on the 
victim, who is thus, usually unable to resist his demands even without any force 
or intimidation being exerted on her. The poor girl simply yields because he is her 
father although she knows that what he is doing is wrong. What is worse is that if 
she does not tell on him, also because of his domineering authority, the usual 
consequence of her silence is to induce another attack." 
Incestuous rape is difficult to punish because of the natural reluctance of 
the victim to report the foul act her father has committed. This reluctance may be 
due to physical fear of her molester, aversion to the visiting shame and scandal 
on herself and her family, unwillingness to put her father in prison, or uncertainty 
about her mother's reaction. 
The mother's reaction is not always indignation. While the victim's mother 
will normally be shocked and outraged and immediately report her husband to 
the authorities, some mothers have been known to berate their daughter for lying 
against their father. The wife will simply refuse to believe that her husband would 
do such things. A few will decide to just hush up the matter and have a "serious 
talk" with their husbands, hoping that this would end the problem once and for all. 
Others may do nothing at all because of their own fear of the rapist on the house. 
In this sense, all of the individuals involved are liable, even the mothers. 
This bill seeks to uplifts the courage of people to pursue justice in any way they 
can, given the information that they have. In this regard, immediate passage of 
this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
·0 
JUL 
SENATE 
Senate Bill No. 
<452 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING ARTICLE 226-B OF THE REVISED PENAL CODE AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 266-8 of the Revised Penal Code is hereby amended 
to read as follows: 
"SEC. 266-8. Penalties. "xxx" 
"xxx" 
uxxx" 
uxxx" 
"xxx" 
"xxx" 
(1) 
When the victims is under eighteen (18) years of age and 
the offender is a parent, ascendant, step-parent, 
guardian, relative by consanguinity or affinity within the 
third civil. degree, or the common-law spouse of the 
parent of he victim; 
MOREOVER, ANY MOTHER WHO, 
IN AN 
INCESTUOUS RAPE, REFRAINS FROM INSTITUTING 
PROSECUTION FOR THE PUNISHMENT OF THE 
OFFENDER 
OR 
WHO 
TOLERATES 
THE 
COMMISSION OF THE SAME, SHALL SUFFER THE 
PENALTY OF TWELVE (12) TO TWENTY (20) YEARS 
OF IMPRISONMENT AND A FINE RANGING ROM 
FIFTY THOUSAND (P 50,000.00) TO ONE HUNDRED 
FIFTY THOUSAND (P 150,000.00) PESOS AND SHALL 
BE 
PERPETUALLY 
DEPRIVED 
OF 
PARENTAL 
AUTHORITY. 
INCESTUOUS RAPE IS A CRIME 
COMMITTED BY THE LEGAL OR NATURAL FATHER, 
STEPFATHER OR DE FACTO FATHER LIVING WITH 
THE VICTIM AGAINST HIS DAUGHTER. 
THE TERM "MOTHER" UNDER THIS ACT 
INCLUDES THE NATURAL OR LEGAL MOTHER, 
STEPMOTHER OR ANY FEMALE PERSON IN WHOSE 
LEGAL CUSTODY THE VICTIM IS FOUND AT THE 
TIME OF THE COMMISSION OF THE INCESTUOUS 
RAPE. 
". 


"xxx" 
SEC. 3. Repeal. All Acts, executive orders, presidential decrees, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC. 4. Effectivity. This Act shall take effect after fifteen (15) days 
following the date of its complete publication in the Official Gazette or in at least 
two (2) newspapers of general circulation, whatsoever comes first. 
Approved,