FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. B. N;. 21_21 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
Pursuant to the obligation of the Philippines under the COJ;lvention 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. 
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. 
This bill also seeks to rationalize the penalties for rape, qualified seduction and 
simple seduction. 
...(,'" . 
FRANCIS G. ESCUDERO 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First J<egulllr Session 
) 
SENATE 
S. B. No.'?_-l21 
.~ 
... 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
MODIFYING THE DEFINITION OF THE CRIMES OF RAPE, 
QUALIFIED SEDUCTION AND SIMPLE SEDUCTION INVOLVING MINOR 
CHILDREN AND RATIONALIZING THE PENALTIES THEREFOR, AMENDING 
FOR THE PURPOSE CERTAIN SECTIONS OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enllcted by the Senllte lind House of Representatives of the Philippines in Congress 
IIssembled: 
SECTION 1. Short Title. - This Act shall be known as "The Law on Rape, 
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Qualified Seduction and Simple Seduction". 
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SECTION 2. Article 266-A of Act No. 3815, otherwise known as the Revised 
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Penal Code, as amended, is hereby amended to read as follows: 
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"ART. 266-A. Rape, When and how Committed.' --
Rape is 
committed -
1. By a MALE PERSON [man] who shall have carnal knowledge of 
a FEMALE PERSON I woman] under any of the following 
circumstances: 
a. Through force, threat or intimidation; 
b. When the offended party is deprived of reason or is otherwise 
unconscious; 
c. By means of fraudulent machination or grave abuse of authority; 
and 
d. When the offended party is under [twelve (12)] OR SIXTEEN 
(16) years of age or is demented, even though none of the 
circumstances mentioned above be present. 
NO RAPE IS COMMITTED IF THE MALE PERSON WHO 
SHALL HAVE CARNAL KNOVYLEDGE OF A 
FEMALE 
PERSON UNDER OR SIXTEEN (16) YEARS OF AGE IS 
HIMSELF BELOW EIGHTEEN (18) YEARS OF AGE, UNLESS 
ANY OF THE OTHER CIRCUMSTANCES MENTIONED 
ABOVE IS PRESENT; PROVIDED, THAT THIS PROVISION IS 


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WITHOUT PREJUDICE TO THE OPERATION OF SECTION 6 
OF REPUBLIC ACT NO. 9344. 
2. By any person who, under any of the circumstances mentioned 
in paragraph 1 here<'lf, shall commit an act of sexual assault by 
inserting his penis into another person's mouth or anal orifice, or 
any instrument or object, into the genital or anal orifice of another 
person." 
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SECTION 3. Article 266-B of Act No. 3815, otherwise known as the Revised 
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Penal Code, as amended, is hereby amended to read as follows: 
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u ART. 266-B. Penalties. -- Rape under paragraph 1 of the next 
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preceding article shall be punished by reclusion perpelua. 
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Whenever the rape is committed with the use of a deadly weapon 
or by two or more persons, the penalty shall be reclusion perpe/ua to 
death. 
When by reason or on the occasion of the rape, the victim has 
become insane, the penalty shall become reclusion perpelua 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 aggravatingj qualifying 
circumstances: 
1. When the victim 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 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 
consanguini ty; 
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)] TWELVE (12) years 
old; 


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6. When the offender knows that he is afflicted with the I-Iuman 
Immuno-Deficiency Virus (EIV)/ Acquired Immune Deficiency 
Syndrome (AIDS) or any other sexually transmissible disease and 
the virus of disease is transmitted to the victim; 
7. When committed by any member of the Armed Forces of the 
Philippines or para-military units thereof or the Philippine 
National Police or any law enforcement agency or penal institution, 
when the offender took advantage of his position to facilitate the 
commission of the crime; 
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 the pregnancy of the offended party at 
the time of the commission of the crime; and, 
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. 
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Rape, under paragraph 2 of the next preceding article, shall be 
punished by prision mayor. 
Whenever rape is committed with the use of a deadly weapon or by 
two or more persons, the penalty shall be prision mayor to reclusion 
temporal. 
When by reason or on the occasion of the rape, the victim has 
become insane, 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 temporal to 
reclusion perpelua. 
When by reason or on the occasion of the rape, homicide is 
committed, the penalty shall be reclusion perpelua. 
l\eclusion lempoml shall be imposed if the rape is committed by any 
of the len aggravating/ qualifying circumstances mentioned in this 
article. " 
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SECTION 4. Article 337 of Act No. 3815, otherwise known as the Revised Penal 
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Code, as amended, is hereby amended to read as follows: 
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u ART. 337. Qualified Seduction. - The seduction of a FEMALE 
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PERSON WHO IS A virgin over [twelve] SIXTEEN years and 
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under eighteen years of age, committed by any person in public 
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authority, priest, home-servant, domestic, guardian, teacher, or any 
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person who, in any capacity, shall be entrusted with the education 
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or custody of the FEMALE PERSON [woman] seduced, shall be 
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punished by [prision correccional] l'RISION MAYOR in its 
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minimum and medium periods. 


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The penalty next higher in degree shall be imposed upon any 
person who shall seduce his sister or FEMALE descendant whether 
or not she be a virgin or over eighteen years of age. 
Under the provisions of this chapter, seduction is committed when 
the offender has carnal knowledge of any of the persons and under 
the circumstances described herein." 
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SECTION 5. Article 338 of Act No. 3815 otherwise known as the Revised Penal 
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Code, as amended, is hereby amended to read as follows: 
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u ART. 338. Simple Seduction. -- The seduction of a FEMALE 
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PERSON [woman] who is single or a widow of good reputation, 
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over [twelve (12)] SIXTEEN (16) but under eighteen years of age, 
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committed by means of deceit, shall be punished by [arreslo mayor J 
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PRISION CORRECCIONAL." 
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SECTION 6. Separability Clause. - If any part or provision of this Act is declared 
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invalid or unconstitutional, the other parts thereof not affected thereby shall remain 
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valid. 
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SECTION 7. Repealing Clause. -Articles 266-A, 266-B, 337, and 338 of Act No. 
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3815, otherwise known as the Revised Penal Code as amended; Section 5(b) and Section 
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10, penultimate paragraph of Republic Act No. 7610 otherwise known as the Special 
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Protection of Children Against Abuse, Exploitation and Discrimination Act; and all 
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laws, acts, presidential decrees, executive orders, administrative orders, rules and 
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regulations inconsistent with or contrary to the provisions of this Act are deemed 
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amended, modified or repealed accordingly. 
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SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days after completion of 
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its publication in the Official Gazette or at least in two (2) newspapers of general 
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circulation. 
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Approved,