SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 
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Introduced by Senator Ana Theresia “ Risa” Hontiveros - Baraquel
AN ACT STRENGTHENING REPUBLIC ACT NO. 8353, OTHERWISE KNOWN
AS THE
ANTI-RAPE ACT OF 1997 
EXPLANATORY NOTE
The statistics on rape and sexual violence in the Philippines are chilling. 
According to the Center for Women’s Resources, every fifty three minutes, a 
woman or child is raped in this country. Based on CWR’s estimate, the number of 
recorded rape cases increased by 92 percent from 5,132 in 2010 to 9,875 in 
2014. Violations of the Anti-Violence Against Women and Children Act escalated 
by 200 percent from year 2010 to 2014.
Despite the inroads being made by women in areas of governance and 
participation, a woman is vulnerable to violation in the most sacred of spaces -  
her own body. And despite evidence showing that the Philippines leads the way 
in the region for gender equality, anachronistic cultural norms make it difficult for 
women victimized by sexual violence to find redress in courts of law. Many rape 
victims are subjected to humiliation for daring to report cases of rape, and many 
perpetrators are let off the hook because of a policy and cultural environment that 
engenders machismo and blames the victim.
This bill seeks to amend and modernize our current legislation against rape. 
Specifically, it introduces the following amendments:
• 
It emphasizes absence of consent as the essential element of the crime of 
rape, over evidence of physical resistance and external injuries;
• 
It increases the age of statutory rape to eighteen years old from the 
current age of twelve years old;
• 
It introduces as aggravating circumstances (1) the use of video recording 
or electronic device during the commission of the rape; (2) the status of 
the offender as a personal of public or moral authority, when such 
authority is used to perpetrate the act of rape; (3) the perpetration of rape 
as a hate crime against those belonging to marginalized categories;
• 
It repeals the “forgiveness clause” in the Revised Penal Code.
These amendments are long overdue, and will create a policy framework that will 
protect women and children from rape and sexual violence, ensure justice for 
rape victims, and create an enabling environment for true gender equality.
The passage of this bill is earnestly sought.
ANA THERESIA “ RISA” HONTIVEROS - 
BARAQUEL


SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 1252
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*16 NOV 22 A 9 22
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Introduced by Senator Ana Theresia “ Risa” Hontiveros - Baraquel
AN ACT STRENGTHENING REPUBLIC ACT NO. 8353, OTHERWISE KNOWN
AS THE ANTI-RAPE ACT OF 1997
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled:
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Section 1. Title. -  This Act shall be known as the “Anti-Rape Act of 2016”.
Section 2. Declaration of Principles. -  It is the policy of the State to value the dignity of 
every human person and guarantee full respect for human rights. It is likewise the policy 
of the state to recognize the role of women in nation-building and ensure the 
fundamental equality before the law of women and men.
Section 3. Lack of consent as essential element of the crime of rape. -  Rape is a 
sexual assault that violates a person’s right to personal security and bodily integrity with 
the essential element of lack of consent.
Section 4. Rape, when and how committed. Article 266A of Act No. 3815, otherwise 
known as the Revised Penal Code, Title 8, Chapter 3 on Rape, is hereby deleted and 
replaced with a new Article 266A, which will read as follows:
ARTICLE 266A.
SECTION 1. RAPE, WHEN AND HOW COMMITTED.
A. THE CRIME OF RAPE IS COMMITTED:
1) BY A MAN WHO HAS CARNAL KNOWLEDGE OF A WOMAN WITHOUT 
HER CONSENT, WHETHER OR NOT THE WOMAN SUFFERS INJURIES;
2) BY A MAN WHO TOUCHES OR INSERTS HIS PENIS INTO THE 
FEMALE’S INNER OR OUTER VAGINAL LABIA, WITHOUT HER 
CONSENT, WHETHER OR NOT THE WOMAN SUFFERS INJURIES;
3) BY A MAN WHO TOUCHES OR INSERTS HIS PENIS INTO ANOTHER 
PERSON’S MOUTH OR ANAL ORIFICE, WITHOUT THE PERSON’S 
CONSENT, WHETHER OR NOT THE PERSON SUFFERS INJURIES;
4) BY A PERSON WHO TOUCHES OR INSERTS ANY INSTRUMENT OR 
BODY PART OR OBJECT, INTO THE GENITAL OR ANAL ORIFICE OF 
ANOTHER PERSON, WITHOUT THE LATTER’S CONSENT;
B. THE CRIME IS COMMITTED UNDER ANY OF THE FOLLOWING 
CIRCUMSTANCES:
1) THROUGH LACK OF VICTIM’S CONSENT, FORCE, THREAT, OR
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2)
3)
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INTIMIDATION;
THROUGH FRAUDULENT MACHINATION OR ABUSE OF AUTHORITY;
IN COERCIVE OR OTHER SIMILAR CIRCUMSTANCES RENDERING THE 
VICTIM INCAPABLE OF GIVING CONSENT, INCLUDING FORCING 
ANOTHER INDIVIDUAL TO SEXUALLY ASSAULT THE VICTIM;
WHEN THE VICTIM IS DEPRIVED OF REASON OR OTHERWISE 
UNCONSCIOUS, OR IS DEMENTED EVEN THOUGH NONE OF THE 
CIRCUMSTANCES MENTIONED ABOVE BE PRESENT, PROVIDED THAT 
HE/SHE IS NOT IN HIS/HER LUCID INTERVAL DURING THE SEXUAL 
ACT;
WHEN THE VICTIM IS UNDER EIGHTEEN (18) YEARS OF AGE, EVEN 
THOUGH NONE OF THE CIRCUMSTANCES MENTIONED ABOVE BE 
PRESENT.
Section 5. Aggravating circumstances. The list of aggravating circumstances found in 
Article 266-B shall be amended to include the following paragraphs;
“WHEN THE COMMISSION OF THE CRIME OF RAPE IS ATTENDED BY 
VIDEO RECORDING ON ANY ELECTRONIC DEVICE, WHETHER OR NOT 
SUCH RECORDING SHALL BE SUBSEQUENTLY MADE PUBLIC;”
“WHEN THE CRIME IS COMMITTED BY PERSONS OF PUBLIC OR 
MORAL AUTHORITY, INCLUDING BUT NOT LIMITED TO GOVERNMENT 
OFFICIALS AND RELIGIOUS LEADERS, WHEN THE OFFENDER TOOK 
ADVANTAGE OF HIS POSITION AND INFLUENCE OVER THE VICTIM TO 
FACILITATE THE COMMISSION OF THE CRIME;” and
“WHEN THE COMMISSION OF THE CRIME OF RAPE IS PROVEN TO 
HAVE BEEN ATTENDED BY THE OFFENDER’S HATE AND PREJUDICE 
AGAINST THE 
VICTIM’S 
SEXUAL 
ORIENTATION 
AND 
GENDER 
IDENTITY, RACE OR RELIGION.”
Section 6. Repeal of the ‘forgiveness clause’. -  Article 266-C of the Anti-Rape Law of 
1997 shall be deleted.
Section 7. Presumptions. Article 266-D shall be amended to read as follows.
Article 266-D. Presumptions. — Any physical overt act manifesting resistance 
against the act of rape in any degree from the offended party, or where the 
offended party is so situated as to render her/him incapable of giving valid 
consent, may be accepted as evidence in the prosecution of the acts 
punished under Article 266-A, PROVIDED THAT THE ABSENCE OF 
PHYSICAL RESISTANCE MUST NOT BE TAKEN AS CONSENT ON THE 
PART OF THE COMPLAINANT.
Section 8. Separability Clause. - Should any provision of this Act be declared 
unconstitutional, the remaining parts not affected thereby shall remain valid and 
operational.
Section 9. Repealing Clause. - All laws, decrees, orders, circulars, issuances, rules and 
regulations and parts thereof which are inconsistent with this act are hereby repealed, 
amended or modified accordingly.
Section 10. Effectivlty. - This act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in any two (2) newspaper of general circulation in the Philippines.
Approved,