Republic of the Philippines VED

HOUSE OF REPRESENTATIVES, : 8 201g,
Quezon City Nal“ el
Eighteenth Congress
First Regular Session

House Bil 3735

INTRODUCED BY REPRESENTATIVE MANUEL ANTONIO F. ZUBIRI

Explanatory Note

Providing special and equal protection to children against sexual abuse is long overdue.

Article 266-A of the Revised Penal Code states that rape is committed even without the presence of
elements of force, threat, intimidation, or fraudulent machinations, as long as the victim is under the age of
12 or is demented. This crime is known as “statutory rape,” wherein consent of the victim to engage in sex —
even if present or was presumed given — cannot be used as a defense on account of the victim's age.

‘The 2015 Philippine National Baseline Study on Violence against Children and Young People released in
2015 has revealed that one in every five children (17.1%) aged (13 to below 18) years old experience sexual
violence, while 124 (one in 25 or 3.2%) reported they were raped. In the same report, it was found that the
perpetrators are often family members. Another study revealed that more boys (65.2%) than girls (60.4%)
reported experiencing sexual violence.

The age to determine statutory rape in the Philippines is far below international standards. A 2015 report
released by the United Nations Children's Fund (UNICEF) East Asia and Pacific Regional Office revealed
that itis, in fact, the lowest among ASEAN member states. It is thus the proposal of this bijl that the age be
increased to 16 years old, whicH)is the global average.

In view of the above, swift e and enactment of this measure is earnestly sought.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Eighteenth Congress
First Regular Session

House Bill 3735

INTRODUCED BY REPRESENTATIVE MANUEL ANTONIO F. ZUBIRI

AN ACT

PROVIDING STRONGER PROTECTION FOR CHILDREN AGAINST SEXUAL
ABUSE, AMENDING FOR THE PUROSE RA 8353 AND ACT 3815 AS

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 “ANTI-CHILD RAPE LAW OF THE

AMENDED

PHILIPPINES.”

Section 2. Article 266-A of Act No. 3815, otherwise known as the Revised Penal Code, as

amended, is hereby further amended to read as follows:

“Article 266-A. Rape, When and How Committed ~ Rape is committed by

any person who shall commit any of the following acts against any person
without their consent, whether or not injuiries were suffered:

i

Inserting a person’s penis into another person's inner or outer vaginal
labia, mouth or anal orifice of another person;

Inserting any instrument or object, including a finger, into another
person's inner or outer vaginal labia or anal orifice of another person; or

Causing the insertion of another person's penis into the inner or outer
vaginal labia, mouth or anal orifice of the offender through force, threat,
intimidation, verbal pressure, persuasion, coercion, administration of
alcohol or drugs resulting to deprivation of reason or fraudulent
machination or grave abuse of authority shall also be guilty of the crime
of rape.

When the offended party is deprived of reason or otherwise
unconscious.


5, Causing two or more persons to engage in sexual acts, or their
performance of any of the above-mentioned acts in this paragraph
through force, threat, intimidation, verbal pressure, persuasion,
coercion, administration of alcohol or drugs resulting to deprivation of
reason or fraudulent machination or grave abuse of authority shall also
be guilty ofthe crime of rape even ifthe perpetrator does not participate
in such acts.

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

“Article 266-B. Statutory Rape. - The crime of statutory rape is
committed when any of the acts enumerated in Article 266-A is committed
against a minor under sixteen (16) years of age or those over but are unable to
fully take care of themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition. There
shall be no valid consent in these instances.

Section 4. Article 266-B of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, enumerating the penalties for the crime of rape shall be renumbered as Article
266-C. Penalties and is hereby further amended to read as follows:

“Article 266-C. Penalty. - Rape under Article 266-A, as defined in this law shall be
punished by reclusion perpetua. The same penalty shall apply in cases of statutory rape.

“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 shalll 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;


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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;

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) 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 or 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 of 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.

Section 5. Article 266-C of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, shall be renumbered as Article 266-D and is further amended to read as follows:

“Article 266-D. Effect of Forgiveness and Subsequent Valid Marriage. - The
subsequent valid marriage between the offended party and the offender,
shall not automatically extinguish the criminal action or the penalty
imposed.” a

Section 6. Article 266-D of Act No. 3815, otherwise known as the Revised Penal Code,
as amended, on Presumptions shall be renumbered as Article 266-E. Presumptions.
Article 266-E. is further amended to read as follows:

“Article 266-E. Presumptions. Any act manifesting resistance against the acts 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 and 266-B.


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Section 7. 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 8. Repealing Clause ~ Republic Act 8353 and Articles 266-A, 266-B, 337 and 338 of
‘Act No. 3815, otherwise known as the Revised Penal Code, as amended, and all laws, acts
presidential decrees, executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Actare deemed amended, modified or
repealed accordingly.

Section 9. 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.