Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 0480

Introduced by

REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS, EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE

Rape is no doubt the most horrendous of all forms of sexual violence and is one of the most heinous
crimes that can be committed against a person’. Rape causes immeasurable anguish to the victim and his/her
family. Simply put, rape ruins the life of the victim and that of his or her family.

It becomes exceptionally appalling when committed by a person with public or moral authority, with
willful use of one’s office or authority, resources and faeilities, or when committed with the knowledge or even
help of the head of a public office or institution to which the perpetrator belongs.

While RA 8353 which reclassified rape from a crime against chastity to that of a crime against persons
also did away with the case law requirement of tenacious resistance, courts still have differing interpretations
as to resistance. Moreover, the apparent failure of the law in defining consent from the perspective of the
victim had paved the way for some judges to rule that the victims had consented to the sexual intrusion when
they were not able fo put up any amount of resistance. There is thus a need for the law to zero-in on the
absence of consent as the central element in the crime of rape.

What for many may be the most intimate expression of love or of oneness, when done without the
consent or against the will of one party, is transformed into that heinous crime called rape. It is the lack of or
inabilty to give consent that violates the victim's body and dignity. It is the lack of or inability to give consent
that leaves a lasting mark in the victim's psyche and whole-being

In the views on the Karen Tayag Vertido vs. Philppines (Communication No. 18/2008) adopted by the
CEDAW Committee on July 16, 2010 the CEDAW Committee recommended that the Philippine definition in
the anti-rape law should center on the lack of consent as the core of the definition of rape. It is the lack of
or inability to give consent that is the very essence of the crime of rape.

In the hope of addressing the inadequacies in the law, this bill highlights the essence of the crime
of rape which is lack of consent in the following manner, to wit:

1) It provides for specific and clearer instances of a form of rape called sexual violation which is premised
on lack of consent;
2) Itprovides for instances when lack of consent is presumed; and

1 ‘The folowing data on Rape cases have been gathered by Centar or Women’s Resources Philippines (CWR}:
‘+ The nunbor trepoit cases of rape zeaes om 5,132 2050 o 9.88 n 2017 (9% increase. Ths moar hal woman orchid was rape every 53 mines. Andou of 10 of
os rape visi ar chen.
‘+ Oni Sout 1onomer who exprenced physical or emul viene sought hp lo pu an ent the sane
‘+ Based rom CNR eer, yourget vim laps 3 eae at wl eldest yar of [NR 2012,
Bout o 1cases ot sewval auto ware commie bynes shusband x pater,
+ Fomine 200 November 208, re were 10 repre cases of mila rape ware the usa cis were citen and indigenous women Parapate, 2016)
+ Frm ly 262 Otter 2018 thre war leaner mened abuse rss waren CAR. 2018.
‘+ Outotsever thousands ofrapecates, ol 7416 aecsed wor ial asl Oscamber 2012 A fener nuberoftese cases reached concn.



3) Itaddresses the special situation of those who, by reason of their mental or physical state, are unable
to give consent

Particularly, in providing for instances when lack of consent is presumed, the responsibility to prove
consent is placed on the accused and not on the victim. Lack of consent is presumed in six (6) instances as
follows:

1) When theactisattended by force, threat, or intimidation;

2) When there is fraudulent machination, grave abuse of authority or moral ascendancy;

3) When the victim is deprived of reason or is otherwise unconscious; - This hopes to address the
realty that not all forms of resistance or non-consent is expressed in the form of physical resistance.
This also reinforces the reality that rape does not only occur among or between strangers and that,
infact, peer-rape or rape perpetrated by a person known to the victim can be more traumatic for the
victim. Non-consensual sexual act committed through fraudulent machination, grave abuse of
authority or moral ascendancy is as deplorable as a non-consented sexual act that was perpetrated
with the use of force or physical violence.

4) When the victim is incapable of giving consent due to his or her mental or physical state or capacity;

5) When the victim is below eighteen (18) years of age;:

6) When the offender is a biological or adoptive parent or a de facto parent or a person who has raised
the offended parent without the benefit of legal adoption, ascendant, step-parent, de facto or legal
guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse
or live-in partner of the parent of the victim. - This does away with the requisite of proving a legal
relationship between parties in cases of rape by related parties as in the case of a rape committed
by a parent against his/her child by the specific inclusion of a de facto parent or a common-law
spouse or live-in partner of the parent of the viatim,

To be consistent with the proposed definition of consent, Article 266-D which provides that "any
physical overt act manifesting resistance or that the victim is so situated that he/she is incapable of giving
consent may be accepted as evidence in the prosecution of the crime is proposed to be repealed.

Aside from clarifying the definition of consent, the bill also seeks to recognize that other forms of
unwanted sexual conduct against males, young boys in particular, be recognized as rape. It is not unknown
that rape as a hate crime may be perpetuated against members of the LGBT (lesbians, gays, bisexuals,
transgenders) community

The bill also includes in the list of aggravating circumstances the act of recording and public
dissemination of the rape. There was a case of a university student in Las Pinas - was drugged and raped
by @ group of young men; the commission of the crime was uploaded by the perpetrators in the internet for
the public to see, increasing the humiliation and victimization of the offended party.

To further highlight the seriousness of the crime of rape and to address the power relations that
currently exist in marriage, this bill also seeks to repeal of Article 266-C which pardons the rapist if he
subsequently marries the victim or the rapist-husband if pardoned by the wife

Notwithstanding the stigma of being victims, being violated and all, some women brave their experience
and fight their battle. However, not everyone fought up to the end. Most succumbed to fear and trauma
for recounting each and every single act done against their will and against their person, They retreat for
being raped once more in the public during trials. Tribulations are created in different forms; most are
sugar-coated and deceiving. Only braver women kept heir heads up but not all rape victims end up victors.

While all rape victims may not be as brave as Karen Vertido, women and other victims of fape who
would want to seek justice through the judicial system must be given ample remedies under the law.


In view of the foregoing, the passage of this bill is earnestly sought.

Gabriela Wémen's Party

SARAH/JANE |. ELAGO

EUPEMIA'C. CULLAMAT ae 2 Raa
Bayan Muna Partylist Bayan Muna Partylist Bayan Muria Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 0480

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women's Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE I. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T, ZARATE and FERDINAND R. GAITE (Bayan Muna)

AN ACT AMENDING CHAPTER 3 OF REPUBLIC ACT 8353, ALSO KNOWN AS THE ANTI-RAPE LAW
OF 1997

SECTION 1. The crime of rape, classified as a Crime Against Persons under Title Eight of Act No. 3815,
otherwise known as the Revised Penal Code is hereby amended. The Title Eight of the said Code,
Chapter Three on Rape, shall read as follows:

Chapter Three

th
m following
ted. though
+ ig
shall t
if
a iy

ARTICLE 266-A
SECTION 1. RAPE: WHEN AND HOW COMMITTED. -RAPE IS COMMITTED:

1) BYANY PERSON WHO SHALL HAVE SEXUAL INTERCOURSE WITH ANOTHER PERSON
WITHOUT THE LATTER'S CONSENT;


2) BY ANY PERSON WHO SHALL SEXUALLY VIOLATE ANOTHER PERSON BY COMMITTING
ANY OF THE FOLLOWING:
a) INSERTING HIS PENIS INTO ANOTHER PERSON'S MOUTH OR ANAL ORIFICE;

b) INSERTING A FINGER OR ANY PART OF THE BODY INTO THE VICTIM'S GENITAL OR
ANAL ORIFICE; AND

c) INSERTING AN INSTRUMENT OR OBJECT INTO THE VICTIM'S GENITAL OR ANAL
ORIFICE;

SECTION 2. PRESUMPTION OF LACK OF CONSENT. - LACK OF CONSENT S PRESUMED
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

a) WHEN THE ACT IS ATTENDED BY FORCE, THREAT, OR NTIMIDATION;

b) WHEN THERE S FRAUDULENT MACHINATION, GRAVE ABUSE OF AUTHORITY OR
MORAL ASCENDANCY;

c) WHEN THE VICTIM IS DEPRIVED OF REASON OR SS OTHERWISE UNCONSCIOUS;

d) WHEN THE VICTIM'S INCAPABLE OF GIVING CONSENT DUE TO HIS ORHER MENTAL
CAPACITY;

e) WHEN THE VICTIM IS BELOW EIGHTEEN (18) YEARS OF AGE;

f) WHEN THE OFFENDER SS A BIOLOGICAL OR ADOPTIVE PARENT OR A DE FACTO
PARENT OR A PERSON WHO HAS RAISED THE OFFENDED PARENT WITHOUT THE
BENEFIT OF LEGAL ADOPTION, ASCENDANT, STEP-PARENT, DE FACTO OR LEGAL
GUARDIAN, RELATIVE BY CONSANGUINITY OR AFFINITY WITHIN THE THIRD CIVIL
DEGREE, OR THE COMMON-LAW SPOUSE OR LIVE-IN PARTNER OF THE PARENT
OF THE VICTIM;

SECTION 3. WHEN S RAPE DEEMED CONSUMMATED. - RAPE IS DEEMED CONSUMMATED
WHEN THE VICTIM'S GENITAL, MOUTH, OR ANAL ORIFICE S TOUCHED BY THE SEXUAL
ORGAN OR ANY PART OF THE BODY OR ANY OBJECT USEDTO COMMIT RAPEAS DEFINEDIN
SECTION 1,NUMBER 2;

Arlicle 266-B. Penalties. - Rape funder paragraph-t ofthe next preceding article] shalll be punished by reclusion

perpetua,

Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane OR HAS DEVELOPED A
PSYCHOLOGICAL DISORDER, the penalty shall be reclusion perpetua to death,

When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty
shall be reclusion perpetua to death

When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death,


The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifyingcircumstances:

1) WHEN THE OFFENDER S A BIOLOGICAL OR ADOPTIVE PARENT OR A DE FACTO
PARENT OR A PERSON WHO HAS RAISED THE OFFENDED PARTY WITHOUT THE BENEFIT
OF LEGAL ADOPTION, ASCENDANT, STEP-PARENT, DE FACTO OR LEGAL GUARDIAN, RELATIVE
BY CONSANGUINITY OR AFFINITY WITHIN THE THIRD CIVIL DEGREE, OR THE COMMON-LAW
SPOUSE OR LIVE-IN PARTNER OF THE PARENT OF THE VICTIM;

2) When the victim is under the custody of the police or military authorities or any law enforcement or
penal institution;

3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;

4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime;

5) When the victim is a child below seven (7) years old;
6) When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired

Immune Deficiency Syndrome (AIDS) or any other sexually-transmissible disease and the virus or disease is
transmitted to the victim;

Wh itted by ber-of the dF the Philipp paramilitary-units thereof
oF the-Philippine-National Pal f fe Lag penal_institution when_the-offand
fook-advantage—ofhis_position_to facilitate th fh ‘|

7) WHEN COMMITTED BY PERSONS OF PUBLIC OR MORAL AUTHORITY SUCH AS:

a) ANY MEMBER OF THE ARMED FORCES OF THE PHILIPPINES OR
PARAMILITARY UNITS THEREOF OR THE PHILIPPINE NATIONAL POLICE OR
ANY LAW ENFORCEMENT AGENCY OR PENAL NSTITUTION, WHEN THE
OFFENDER TOOK ADVANTAGE OF HIS POSITION TO FACILITATE THE
COMMISSION OF THE CRIME;

ANY ELECTED OFFICIAL OR APPOINTED OFFICIAL PERFORMING A PUBLIC
FUNCTION, WHEN THE OFFENDER TOOK ADVANTAGE OF HIS POSITION TO
FACILITATE THE COMMISSION OF THE CRIME;

b)

ANY PERSON WITH MORAL ASCENDANCY OR POSSESSING SIGNIFICANT
POLITICAL OR RELIGIOUS INFLUENCE, WHEN THE OFFENDER TOOK
ADVANTAGE OF HIS POSITION OR INFLUENCE TO FACILITATE THE
COMMISSION OF THE CRIME;

c)

8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;

9) When the offender knew of the pregnancy of the offended party at the time of the commission of


the crime;

10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of
the offended party at the time of the commission of the crime; and

11) WHEN THE ACT OF RAPE IS DOCUMENTED THROUGH ANY KIND OF MEDIA, AND THE
DOCUMENTED ACT OF RAPE HAS BEEN DISSEMINATED TO THE PUBLIC SUCH AS THE
INTERNET OR VIA CELLPHONE SMS.

Sh 7 1L-be puri i
[Rape under paragraph-2ofthe next ticle shallbe-punished-by p "
i ied-with-th a dead! 4 m
Wheneverthe-rape-is ly weapon-oF-by persons, the penalty
When-by h th the-vielim-has-b the-penaly-shall-be-reclusion
Per the pe
ed_and m ir h
When-the-rape-is-attemp! 4 ited-by thereof, the-ponalty

i homick it sty shal
|Whep-by-feason-oF-on the-occasion-of the-rape_homicid the-penalty shall-be-reclusion-perpet

usion-t hall_alsobe-imposed-if-th ithany-of the ,
m
Aticle-266-C--Effect of Pardon The subsequent valid marriage between the off \d-the offended party shall
dinguishthe-criminalaction-or the penal "
a penalty imp
Incase itis the-legal-husband.who is the offender_th
guish -the-criminal-action Republic-Aet_No 8353.
hed_oF-the-penalty-shall_not-be_abated ifthe mariage is vold-ab
i q ie f
ii Hy phy Fact ti tance-against the-actof rape in any degree
fromhe-offended-party-orwhere the-offended par isso situated. as fo-render hari ble-of giving. valid
be accepted ide the-prosesution-ofthe-asts punished under Arlcle 266A]
"
may pled-as-evi i pl ]

SECTION 2. Separabity Clause. If any part, section, or provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected thereby shall remain valid

SECTION 3. Repealing Clause. Article 335 of Act No, 3815, as amended, 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 repealedaccordingly.

SECTION 4. Effectivity. This Act shall take effect fifteen (15) days after completion ofits publication intwo
(2) newspapers of general circulation.

Approved,