NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No. 1^71
of ti'C ^I'Crftni'p
23 MAR-7 P 3 -59
RECEIVED BY;
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF RAPE, 
AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, AND 
REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
According to the Philippine National Police (PNP), the crime of rape is one of 
the most common crimes committed in the last six months - from July 2022 to January 
2023, with its incidence reported at 3,762. In 2022, its recorded incidence was at 
7,197. Only the cases reported to the police or to a qualified authority are taken into 
account, and not every single one has been reported, particularly in cases of incest.
The 2017 National Demographic and Health Survey reported that one in 20 
women and girls aged 15 to 49 years have experienced sexual violence in their 
lifetime. Moreover, based on the 2016 National Baseline Study on Violence Against 
Children (NBS-VAC), 17.1 percent of Filipinos aged 13 to 17 years old experienced 
sexual violence, while 3.2 percent had forced consummated sex—anal, oral, and/or 
vaginal—throughout their childhood.
The NBS-VAC moreover revealed that 13.7 percent were committed in the 
home, 7.8 percent in the community, 7.1 percent in the workplace, and 5.3 percent 
in the school. Based on the results of the same study, the most common methods of 
sexual coercion used by perpetrators in cases of forced consummated sex is verbal 
insistence or pangunguHt, with 33.9 percent of the respondents saying it was what 
they experienced.


Thus, this bills seeks to remove the distinction between rape through sexual 
intercourse and rape by sexual assault and rape shall now be defined as a single 
offense. Moreover, the penalty imposed for rape shall be also be amended to become 
singular - by reclusion perpetua.
Under this measure, the following acts shall neither mitigate nor expunge the 
penalty imposed against rape:
1. When the offender is the legal husband of the victim;
2. When the offender and the offended party have previously had a 
relationship or engaged in prior sexual activity;
3. When the offended party did not manifest resistance against the act 
through verbal or physical action; and
4. When the spermatozoa from the offender are not found in the 
offended party's orifice during forensic examination.
Hence, the immediate approval of this bill is earnestly sought.
JOSEPH VICTOR G. EJERCITO


i^crttVc 
of tl)p #! 1 et;u'i’
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 19VJ
23 MAR-7 P3 59
Rl-CCIVED sV:
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF RAPE, 
AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, AND 
REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section L- Article 266-A of Act No. 3815, otherwise known as the Revised Penal
2 
Code, as amended, is hereby further amended as follows:
3 
"Art. 266-A. Rape, When and How Committed. - Rape is committed [:]
4 
PERSON WHO SHALL INSERT, OR CAUSE THE INSERTION OF THEIR PENIS,
5 
TONGUE, FINGER, OR ANY OBJECT OR INSTRUMENT ANOTHER PERSON'S
6 
INNER OR OUTER LABIA, ANAL ORIFICE, OR MOUTH UNDER ANY OF THE
7 
FOLLOWING CIRCUMSTANCES:
8 
A) WHEN THE OFFENDED PARTY DID NOT INDICATE FULL EFFECTIVE
9 
CONSENT BEFORE OR DURING THE SEXUAL ACT;
10 
B) WHEN THE OFFENDED PARTY WITHDRAWS FULL AND EFFECTIVE
11 
CONSENT;
12 
C) WHEN THE OFFENDED PARTY IS INCAPABLE OF INDICATING FULL AND
13 
EFFECTIVE CONSENT DUE TO BEING DEPRIVED OF REASON OR
14 
OTHERWISE UNCONSCIOUS;


1 
D) WHEN THE CONSENT WAS OBTAINED BY THE OFFENDER THROUGH THE
2 
USE OF VIOLENCE, FORCE, THREAT, INTIMIDATION, DECEPTION, OR
3 
ABUSE OF AUTHORITY OR MORAL ASCENDANCY;
4 
E) WHEN THE OFFENDED PARTY, THROUGH OVERT VERBAL OR PHYSICAL
5 
ACTS, MANIFESTS RESISTANCE TO THE SEXUAL ACT; OR
6 
[d]F) When the offended party is under sixteen (16) years of age or is demented,
7 
even though none of the circumstances mentioned above be present: Provided, That
8 
there shall be no criminal liability on the part of a person having carnal knowledge of
9 
another person sixteen (16) years of age when the age difference between the parties
10 
is not more than three (3) years, and the sexual act in question is proven to be
11 
consensual, non-abusive, and non-exploitative: Provided, further. That if the victim is
12 
under thirteen (13) years of age, this exception shall not apply.
13 
As used in this Act, non-abusive shall mean the absence of undue influence,
14 
intimidation, fraudulent machinations, coercion, threat, physical, sexual,
15 
psychological, or mental injury or maltreatment, either with intention or through
16 
neglect, during the conduct of sexual activities with the child victim. On the other
17 
hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly
18 
taking advantage of the child's position of vulnerability, differential power, or trust
19 
during the conduct of sexual activities."
20 
[43"By-a man who shall have carnal knowledge of a woman under any of the following
21 
etr-cemstancGSr
22 
a) Through force, threat, or intimidation;
23 
b) When the offended party is deprived of reason or otherwise unconsciotist
24 
e) By means-of fr-aadulent-maebination or grave abuse of authority; and
25 
d) When the offended party is under twelve (12) years of ago or is demented, even
26 
though none of the circumstances mentioned above be present.
27 
2) By any person who, under any of the circumstancGS mentioned in paragraph
28 
1 hereof, shall commit an act of sexual assault by inserting his penis into another
29 
person's mouth or anal orifice, or any instrument or object, into the genital or anal
30 
orifice of another-persen.]
31 
Sec. 2. Article 266-B of the Revised Penal Code, as amended, is hereby
32 
amended to read as follows:


1 
"ARTICLE 266-B. PENALTY. - ANY PERSON WHO COMMITS THE
2 
CRIME OF RAPE SHALL BE PUNISHED BY RECLUSIONPERPETUA."
3 
[Rape under paragraph 1 of the next preceding article shall bo punished by
4 
-Fedusion per petua.
5 
Whenever the rape io committGcl with the use of a doadly weapon or by two or
6 
more perGons, the penalty shall be redusion perpetua to death.
7 
When by reason or on the occasion of the rope, the victim hos become insane7
8 
the-penalty shall become redusion perpetua to death.
9 
When the rape is attempted and a homicide is committed by reason or-on the
10 
occasion thereof, the penalty Ghall be redusion perpetua to death.
11 
When by reason or on the occasion of the rape, homicide is committed, the
12 
penalty shaii be death.
13 
The death penalty shall also be imposed if the crime of rape is committed with
14 
any of the following aggravating/qualifying circumstances:
15 
1) When the victim is under-eighteen {18)-year5-ef-age and the offender is a
16 
parent, ascendant, step-parent-, guardian, relative by consanguinity or affinity
17 
within the third civil degree, or the common-law spouse of the parent of the
18 
Victim;
19 
-2) When the victim is under the custody of the police or military authorities or
20 
any law enforcement or penal institutioftt
21 
3) When the rape is-eommitted in- fuH-view of the spouse, parent, any of the
22 
children or other relatives within the third civil degree of consanguinity;
23 
4)- When the victim is a religious engaged in legitimate religious vocation or
24 
calling and is personaily-known to be such by the offender before or at the time
25 
of the commission 
of the crime;
26 
5) When the victim iG-e-c4>M-below seven (7) years old;
27 
6) When the offender knows that he-is- offlicted with the Humon Immuno-
28 
Deficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or any
29 
other sexually transmissible disease ond the virus or disease is tronsmitted to
30 
the victim;
31 
7)-When committed by any member of the Armed Forces of the Philippines or
32 
para-military units-thereof-or the Philippine National Police or any law


1 
onforcGmcnt agency or ponol institution, when the offender took-advantego of
2 
hiG position to facilitate the commission of-the crime;
3 
8) When by reason or on the occasion of the rape, the victim has suffered
4 
permanent-physical mutilation or disability;
5 
9) When the offender knew of the pregnancy of the offended party at the time
6 
of the commission of the crime; and
7 
10) When the offender knew of-the mental disability, emotional disorder and/or
8 
physical handicap of the ■offended party at the time of the commission-of-the
9 
crime.
10 
Rape-under paragraph-3 of the next procGding article shall bo-punished by
11 
prision mayor.
12 
Whenever the rape is committed with the use of a deadly weapon or by two of
13 
more persons, the penalty shall be jor/g/o/? mayor to reclusion temporak
14 
When by reason or on the occasion of the rape, the victim has become insane,
15 
the penalty shall be reclusion temporal.
16 
When the rape is attempted and a homicide is committed by reason or on the
17 
occasion thereof, the penalty shall be redusion temporal to redusion perpetua-.
18 
When by reason or on the occasion of the rape, homicide is committed, the
19 
penalty shall be reclusion perpetua.
20 
Reclusion temporal shall be imposed if the rape is committed with any of the
21 
ten aggravatingZ-qualifying circumstances-mentioned in this article-}
22 
Sec. 3. Article 266-D of the Revised Penal Code is hereby further amended to
23 
read as follows:
24 
"Article 266-D. [Presumptions] CIRCUMSTANCES NOT ACCEPTED. - THE
25 
FOLLOWING CIRCUMSTANCES SHALL NEITHER BE CONSIDERED AS
26 
MITIGATING CIRCUMSTANCES NOR EXEMPT THE OFFENDER FROM
27 
CRIMINAL ACT:
28 
1. WHEN THE OFFENDER IS THE LEGAL HUSBAND OF THE VICTIM;
29 
2. WHEN THE OFFENDER AND THE OFFENDED PARTY HAVE PREVIOUSLY
30 
HAD A RELATIONSHIP OR ENGAGED IN PRIOR SEXUAL ACTIVITY;
31 
3. WHEN THE OFFENDED PARTY DID NOT MANIFEST RESISTANCE AGAINST
32 
THE ACT THROUGH VERBAL OR PHYSICAL ACTION; AND


1 
4. WHEN THE SPERMATOZOA FROM THE OFFENDER ARE NOT FOUND IN
2 
THE OFFENDED PARTY'S ORIFICE DURING FORENSIC EXAMINATION."
3 
EXAMINATION."
4 
[Any physical overt act manifesting roGiGtancG against the act of rape in any
5 
degree from the offendod party, or whore the offonded-paFty is so situated as to
6 
render her/him incapable of giving valid consent, may bo accepted as evidence in the
7 
prosecution of the acts punished under Article 266-A."]
8 
Sec. 4. Separability Clause. - If any part, section or provision of this Act is held
9 
invalid or unconstitutional, other provisions not affected thereby shall remain in full
10 
force and effect.
11 
Sec. 5. Repealing Clause. - Article 266-C of the Revised Penal Code is hereby
12 
repealed in its entirety. All other laws, decrees, orders, issuances and rules and
13 
regulations or parts thereof inconsistent with the provisions of this Act are hereby
14 
repealed or modified accordingly.
15 
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
16 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,