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Republic of the Philippines
HOUSE OF REPRESE!
Quezon City

VES

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 210

Introduced by Honorable Roberto “Robbie” V. Puno

EXPLANATORY NOTE

Establishing a minimum age of sexual consent is essential in the protection of children
from sexual abuse. Children under such age are considered without the power to resist and to
give their genuine and fully informed consent to any sexual activity. As such, the act of
engaging in sexual activity with children below such age must be considered unlawful

Article 34 of the Convention on the Rights of a Child obliges State parties to take all
measures to protect children from all forms of sexual exploitation and sexual abuse including
coercion to engage in any unlawful sexual activity. This includes passage of laws that prohibit
engaging in sexual activity with children below the age of sexual consent.

The Philippines has laws that set a minimum age for sexual consent. Sexual intercourse
with children below 12 years old is illegal and tantamount to rape. In addition, sexual activity
with a person below 18 years of age may constitute child abuse and exploitation.

UNICEF" found that the Philippines’ age of consent is not compliant with international
average and that significant reform or development of new laws is required. Based on a survey,
most countries has an age of consent fixed at 16 years of age.

Pursuant to the obligation of the Philippines under the Convention on the Rights of the
Child and to comply with international average, this bill amends the provisions of the Revised
Penal Code as well sections of Republic Act No. 7610 by increasing the age for determining
statutory rape and other acts of sexual abuse and exploitation from 12 years old to 16 years

old.
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The immediate passage and effectivi’ of the propos

ROBERT! BBIE” V.\PUNO

*2015 UNICEF Report, “Analysis of Domestic Laws related to Violence against Children: Philippines”, July 2015

RECEIVED @\

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Republic of the Phi

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._210

Introduced by Honorable Roberto “Robbie” V. Puno

AN ACT INCREASING THE AGE FOR DETERMINING STATUTORY
RAPE AND OTHER ACTS OF SEXUAL ABUSE AND EXPLOITATION TO
PROVIDE STRONGER PROTECTION FOR CHILDREN AND AMENDING

FOR THIS PURPOSE ACT NO. 3815, AS AMENDED, ALSO KNOWN AS THE
REVISED PENAL CODE AND REPUBLIC ACT NO. 7610, ALSO KNOWN AS
THE SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE,
EXPLOITATION AND DISCRIMINATORY ACT.”

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

SECTION I. Title. — This Act shall be known as the “Age of Statutory Rape and
Other Sexual Abuse Act.”

SEC. 2. The Revised Penal Code, Article 266-A (1) (d), is hereby amended to read
as follows:
“Article 266-A. Rape - When and How Committed.
Rape is committed:

1.) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
Xxx

(d) When the offended party is under SIXTEEN
(16) [twelve] years of age or is demented, even though
none of the circumstances mentioned above be
present.”

SEC. 3. The Revised Penal Code, Article 337, is hereby amended to read as follows:


“Article 337. Qualified Seduction. - The seduction of
a virgin [over] SIXTEEN (16) [twelve] 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 woman seduced, shall be
punished by prison correctional in its minimum and medium
periods

XXX.”

SEC. 4. The Revised Penal Code, Article 338, is hereby amended to read as follows:

SEC. 5.

SEC. 6.

SEC. 7.
Children against Abuse Exploitation and Discriminatory Act, Section 5, is hereby amended
to read as follows:

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

mayor.
The Penal Code, Article 342, is hereby amended to read as follows:

“Art. 342. Forcible abduction. — The abduction of
any woman against her will and with lewd designs shall be
punished by reclusion temporal.

The same penalty shall be imposed in every case, if
the female abducted be under SIXTEEN (16) [twelve] years
of age.”

The Penal Code, Article 343, is hereby amended to read as follows:

“Art, 343. Consented abduction. — The abduction of
a virgin SIXTEEN (16) [over twelve] years and under
eighteen years of age, carried out with her consent and with
lewd designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.”

Republic Act No. 7610, otherwise known as the Special Protection of

Section 5. Child Prostitution and Other Sexual
Abuse. — Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual


intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
XXX
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse;
Provided, That when the victims is under SIXTEEN
(16) [twelve (12)] years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for
lascivious conduct when the victim is under SIXTEEN
(16) [twelve (12)] years of age shall be reclusion
temporal in its medium period; and
XXX

SEC. 8. Republic Act No. 7610, Section 10, is hereby amended to read as follows:
“Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the
Child's Development. —
XXX,

(b) Any person who shall keep or have in his
company a minor, SIXTEEN (16) [twelve (12)] years or
under or who in ten (10) years or more his junior in any
public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply
to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a
social, moral or legal duty.

XXX”

SEC. 9. Repealing Clause. — Republic Act No. 7610, Section 5 (b) and
Section 10 (b), Act No. 3815, Articles 337, 338, 339, 340, 342 and 343, 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.


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SEC. 10. Separability Clause. — \f any provision of this Act is held invalid or
unconstitutional, the remainder of the Act or the provision not otherwise affected shall
remain valid and subsisting.

SEC. 11. Effectivity Clause.— This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved