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Republic of the Philippines

HOUSE OF REPRESENTATIVES TIME: mee
Quezon City oa
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EIGHTEENTH CONGRESS SND EX w
First Regular Session
449
House pitt no, “44

Introduced by the Honorable Precious Hipolito Castelo

EXPLANATORY NOTE

The Philippines ranks second in the world with the lowest sexual consent — only beating
Nigeria whose age of sexual consent was set in 2015 at eleven (11) years old.’

Consent is supposed to be freely and intelligently given. It is hard to imagine how a 12-year
old child can already have a proper understanding of what a sexual intercourse is. Given the
conservative nature of our society, adults are also often reluctant to educate their children
about sex. This contributes to the lack of awareness of children regarding this matter.

In our present laws, a person who rapes a child whose age is above 12 years old but below
18 cannot be charged with statutory rape. Official data show that majority of victims of rape
are aged 13-15 years old.? Thus, it is clearly undeniable that there is a disconnect between
statistics and the intent and the spirit of the law to penalize the barbaric act of statutory rape.
Given the vulnerability of minors to sexual predators, itis only right and just to amend the law
by increasing the age of sexual consent under the Revised Penal Code.

In my humble opinion, the amendment of this law is long overdue. Rape physically, socially,
emotionally, and psychologically takes a toll on the victim. The effect on children is obviously
greater since the emotional burden is carried by them for the rest of their lives.

Thus, the passage of this bill is most earnestly sought,

+ https://medium.com/@munyalekwabe/child-protection-age-of-consent-in-nigeria-d144eaa8dd15
2 https://www.pew.gov.ph/wpla/amending-anti-rape-law


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4449

Introduced by the Honorable Precious Hipolito Castelo

AN ACT
INCREASING THE AGE OF SEXUAL CONSENT FOR STRONGER PROTECTION OF
CHILDREN AND AMENDING FOR THE PURPOSE ARTICLE 266-A (d) OF ACT NO. 3815,
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. Article 266-A (d) of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby amended to read as follows:

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

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

0x

(d) When the offended party is under [twelve (12)] EIGHTEEN (18) years of
age, or is demented, even though none of the circumstances mentioned above
be present.”

SEC. 2. Separability Clause. — If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain
in force and effect.

SEC. 3. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby
repealed or modified accordingly.

SEC. 4. Effectivity. — This Act shall take effect fifteen (15) days following its complete
Publication in two (2) newspapers of general circulation or in the Official Gazette.

Approved,