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COIVES

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Republic of the Philippines
HOUSE OF REPRESENTATIVES rare 24 AUG 2016

Quezon City j
17" CONGRESS |
First Regular Session |

3299 |

HOUSE BILL NOS Bi

NA G. ESCUDERO

Introduced by REP. EVE!

EXPLANATORY NOTE

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.

This bill is pursuant to the obligation of the Philippines under the Convention on
the Rights of the Child. 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.

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EVELINA G. ESCUDERO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Cit

17" CONGR!
First Regular Session

9
HOUSE BILL No, 8299

Introduced by REP, EVELINA 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 enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as "The Law on Rape, Qualified
Seduction and Simple Seduction."

SECTION 2. Article 266-A of Act No. 3815, otherwise known as the Revised Penal
Code, as amended, is hereby amended to read as follows:

“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 [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 KNOWLEDGE 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 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 hereof, 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.”

SECTION 3. Article 266-B of Act No. 3815, otherwise known as the Revised Penal
Code, as amended, is hereby amended to read as follows:

“ART. 266-B. Penalties. -- Rape under paragraph 1 of the next
preceding article shall 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, the penalty shall become 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/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
consanguinity;

v


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;

6. When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/ 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.

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 perpetua.

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

Reclusion temporal shall be imposed if the rape is committed by any of
the ten aggravating/qualifying circumstances mentioned in this
article.”


SECTION 4. Article 337 of Act No. 3815, otherwise known as the Revised Penal
Code, as amended, is hereby amended to read as follows:

“ART. 337. Qualified Seduction. - The seduction of a FEMALE
PERSON WHO IS A virgin over [twelve] SIXTEEN years and under
eighteen years of age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or any person who,
in any capacity, shall be entrusted with the education or custody of
the FEMALE PERSON [woman] seduced, shall be punished by
Iprision correccional] PRISION MAYOR in its minimum and
medium periods.

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.”

SECTION 5. Article 338 of Act No. 3815 otherwise known as the Revised Penal
Code, as amended, is hereby amended to read as follows:

“ART. 338. Simple Seduction. -- The seduction of a FEMALE PERSON
[woman] who is single or a widow of good reputation, over [twelve
(12)] SIXTEEN (16) but under eighteen years of age, committed by
means of deceit, shall be punished by [arresto mayor] PRISION
CORRECCIONAL.”

SECTION 6. Separability Clause. - If any part or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.

SECTION 7. Repealing Clause. -Articles 266-A, 266-B, 337, and 338 of Act No. 3815,
otherwise known as the Revised Penal Code as amended; Section 5(b) and Section 10,
penultimate paragraph of Republic Act No. 7610 otherwise known as the Special
Protection of Children Against Abuse, Exploitation and Discrimination Act; 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 repealed accordingly.

SECTION 8. Effectivity, - This Act shall take effect fifteen (15) days after completion
of its publication in the Official Gazette or at least in two (2) newspapers of general

circulation.

Approved,