SIXTEENTII CONGRESS OF THE REPUBLrC ) 
OF' TIlE PHILIPPINES 
) 
First Regulal' Session 
) 
'sll'natr 
~H,;. uf til' ~'mt .. ¥ 
'13 
AUG -8 P2 :57 
SENATE 
S. B. No. 125'7 
REn;' "'P lly:_f-
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
Section 3, par. 2 of Article XV of the Philippine Constitution provides that the State shall 
defend the right of children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect abuse, cruelty, exploitation or other conditions 
,prejudicial to their development. 
In response to the mandate of the Philippine Constitution, the state enacted Republic Act No. 
8552, or the Domestic Adoption Act of 1998, Republic Act No. 8043" or the Inter-Country 
Adoption Act of 1995, and more recently, Republic Act No.1 0165, or the Foster Care Act of 
2012, which recognizes that adoption and foster care also provides children who have been 
weakened by inopportune circumstances, protection and guidance. 
The state must be vigilant nevertheless to protect children who have been abandoned, 
neglected and orphaned from being abused by the very persons entrusted with their custody 
and care. Similar to incestuous rape, crimes committed by the adopters or foster parents, as 
well as their spouses, against the person of an adopted child or one who is placed under foster 
care is the highest form of betrayal of trust, and destroys the moral fibers of society. 
This bill seeks to qualify the crime of rape, and impose a higher penalty, if the offender is the 
adopter. the foster parent, or their spouses. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
Senator 


:iel1utr 
('ff1rt (If Up! _~rn rtar, 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
. First Regular Session 
) 
'13 
AUG -8 P 2 :57 
SENATE 
S. B. No. 1 257 
REeF:, .. L' 13),:+ I 
Introduced by Senator Maria Lourdes Nancy S. Binay 
1 
2 
AN ACT CONSIDERING AS QUALIFYING CIRCUMSTANCE IN CRIME OF RAPE IF 
3 
THE OFFENDER IS THE ADOPTER, THE FOSTER PARENT, THE LEGAL SPOUSE 
4 
OF THE ADOPTER OR THE FOSTER PARENT, OR THER COMMON-LA W 
5 
SPOUSE OF THE ADOPTER OR THE FOSTER PARENT, AMENDING FOR THIS 
6 
PURPOSE ACT 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS 
7 
AMENDED 
8 
9 
Be if enacted by the Senate and House of Representatives of the Philippines in Congress 
10 
assembled: 
11 
SECTION L Article 266-B of Act 3815, otherwise known as the Revised Penal Code of the 
12 
Philippines, as amended, is hereby further amended to read as follows: 
13 
14 
Article 266-B. Penalty. -
15 
16 
x x x 
17 
18 
The death penalty shall also be imposed if the crime of rape is committed with any 
19 
of the following aggravating/qnalifying circumstances: 
20 
21 
I) When the victim is under eighteen (18) years of age and the offender is a parent, 
22 
ascendant, step-parent, guardian, relative by consanguinity or affinity within the 
23 
third civil degree, THE ADOPTER, THE SPOUSE OF THE ADOPTER, THE 
24 
FOSTER PARENT, THE SPOUSE OF THE FOSTER PARENT, or the 
25 
common-law spouse of the parent, THE ADOPTER, OR THE FOSTER 
26 
PARENT of the victim; 
27 
28 
x x x 
29 
. 30 
SI~CTlON 2. Separability Clause. If any portion or provision of this Act is declared void 
31 
and unconstitutional, the remaining portions or provisions hereof shall not be affected by 
32 
such declaration. 
33 
34 
SECTION 3. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
35 
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
36 
modified accordingly. 
37 


.. _
SECTION 4. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete 
2 
jlublication in at least two (2) newspapers of general circulation. 
3 
4 
Approved, 
._--_._---_ .. _----_ .. _-_ .•.....