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Republic of the Philippines

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HOUSE OF REPRESENTATIVES eS RECEIVED =
Quezon City E DATE August 4, 2025p
* TIME 2:32pm *
TWENTIETH CONGRESS hy
First Regular Session

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HOUSE BILLNO.__2931

Introduced by REPRESENTATIVE AUDREY KAY T. ZUBIRI

AN ACT
REMOVING THE SUBSEQUENT MARRIAGE OF THE OFFENDER TO THE
OFFENDED PARTY AS A CAUSE TO EXTINGUISH CRIMINAL LIABILITY,
AMENDING FOR THIS PURPOSE ARTICLE 266-C OF THE REVISED PENAL
CODE, AS AMENDED, AND ARTICLES 89 AND 344 THEREOF

EXPLANATORY NOTE

Section 14, Article II of the 1987 Constitution recognizes the role of women in nation
building, and the fundamental equality before the law of women and men.

Over the years, the State has enacted laws for the protection of women and end violence
against women such as Republic Act No. 9262 or the “Anti-Violence Against Women and their
Children Act (Anti-VAWC)”, Republic Act No. 9710 or the “Magna Carta of Women” and
Republic Act No, 11313 or the “Safe Spaces Act”.

Despite these measures, however, the Revised Penal Code of the Philippines, under
Articles 266-C and 344, still allows the extinguishment of criminal liability or remission of
penalties in cases of rape, seduction, abduction, and acts of lasciviousness if the offender
subsequently marries the offended party which perpetuates impunity, reinforcing harmful
gender stereotypes, and denying justice to survivors of sexual violence.

According to the 2024 Philippine Statistics Authority Fact Sheet', there are a total of
13,213 reported cases of rape, violence against women, acts of lasciviousness and other forms
of violence against women to the Philippine National Police. This growing number of victims

*https:/psa.gov.phisites/default/files/phdsd/Violence%20A gainst%20Women®%202024%20Fact%20Sheet%200
1n%20Women%20and%20Men.pdf


are often forced into marriage under outdated social norms of protecting their reputation or as

a form of reparation to the vietim’s family.

Marriage is an inviolable social institution and the foundation of a family. It should
never be used as a shield to escape punishment for heinous crimes. The notion that tying the
victim to her offender in a legal and social union can somehow "right the wrong” or undo the
trauma caused by the offense is incompatible with modern principles of human rights, gender
justice, and victim protection.

This proposed measure seeks to repeal the archaic and discriminatory provisions under
‘Articles 266-C, 89, and 344 of the Revised Penal Code that extinguish or reduce criminal
liability for sexual offenses through marriage. By doing so, it affirms the fundamental rights
of women to dignity, justice, and freedom from violence.

The passage of this bill is in line with the Philippines' obligations under international
instruments such as the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and reflects our national commitment to ending all

forms of violence and exploitation against women and girls.

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

x Ke KAY T. ZUBIRI

Representative, 3" District of Bukidnon


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNO. 2931

ee

Introduced by REPRESENTATIVE AUDREY KAY T. ZUBIRI

AN ACT
REMOVING THE SUBSEQUENT MARRIAGE OF THE OFFENDER TO THE
OFFENDED PARTY AS A CAUSE TO EXTINGUISH CRIMINAL LIABILITY,
AMENDING FOR THIS PURPOSE ARTICLE 266-C OF THE REVISED PENAL.
CODE, AS AMENDED, AND ARTICLES 89 AND 344 THEREOF

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Article 266-C of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, extinguishing criminal liability of the offender in the crime of rape by
subsequent valid marriage to the offended party, is hereby repealed.

SEC. 2. Article 89 of Act No. 3815, otherwise known as the Revised Penal Code, is

hereby amended to read as follows:

“Article 89. How criminal liability is totally extinguished. - Criminal liability is

totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender
occurs before final judgment.

2. Xxx

3. xxx


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Code}

SEC. 3. Article 344 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby amended to read as follows

article 344. Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness. — The crimes of adultery and
concubinage shall not be prosecuted except upon a complaint fled by the offended

spouse.

‘The offended party cannot institute criminal prosecution without including both
guilty parties, if they are both alive, nor in any case, if he shall have consented or
pardoned the offenders.

“The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, ot guardian, nor, in any ease, if the offender has been expressly

pardoned by the above-named persons, as the case may be.

SEC. 4. Repealing Clause. - All other laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended,
or modified accordingly.

SEC. 5: Effectvity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,