Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT REMOVING PARDON AS A GROUND TO EXTINGUISH LIABILITY FOR
THE CRIME OF RAPE AND CRIMES AGAINST CHASTITY, AMENDING FOR THE
PURPOSE ARTICLES 13, 23, 89, and 344 AND REPEALING ARTICLE 266-C OF ACT
NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED,
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Rape is a heinous crime that violates a person's right to sexual autonomy and personal safety. In
2021, a total of 12,492 cases of physical and sexual violence against women were reported to the
Philippine National Police. Of this number, 1,791 cases were of rape.1 Due to stigma and fear,
these numbers might understate the true reality of the prevalence of rape in the country.
Rape can be committed either through sexual intercourse (Art 266-A, par 1, Revised Penal Code)
or through sexual assault (Art 266-A, par 2, Revised Penal Code). It is an act that involves
forcing someone to engage in sexual activity against their will or without their consent, whether
through physical force, coercion, intimidation, or other forms of manipulation. Rape has been
reclassified as a crime against persons under Republic Act No. 8353, otherwise known as “The
Anti-Rape Law of 1997.” With the passage of RA 8353, the law no longer classifies rape as a
crime against chastity. As such, anyone who knows of the crime may file a case on the victim's
behalf, and prosecution may continue even if the victim drops the case.2 Recently, Republic Act
No. 11648 was passed, which raised the age for determining statutory rape was increased to 16
years old to provide more protection for young people against sexual exploitation and abuse.3
These legislations represent important steps towards strengthening legal protections against rape
and sexual abuse in the Philippines.
Despite the progressive strides made by recent legislation to strengthen legal protections against
rape, there still exist outdated laws that continue to undermine the fight against sexual abuse and
weaken legal protection. Articles 23 and 29 of the Revised Penal Code provide that by the
pardon through the marriage of the offended woman, the criminal liability of the offender is
1 https://psa.gov.ph/sites/default/files/Violence%20Against%20Women-
Fact%20Sheet%20on%20Women%20and%20Men%202022_0.pdf?zoom=100?
2 https://pcw.gov.ph/assets/files/2020/03/PCW-WPLA-PB-01-Amending-the-Anti-Rape-Law-AEB.pdf
3 Article 266-A (1)(d) of Act No. 381 as amended by Section 1 of Republic Act No. 11648
March 31, 2023
1:05 pm
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totally extinguished. Article 266-C of the Revised Penal Code as amended by RA 8353 provides
that “the subsequent valid marriage between the offended party shall extinguish the criminal
action or the penalty imposed.” It further states that “in case it is the legal husband who is the
offender, the subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty.”
These forgiveness clauses in our rape laws are regressive and have the inevitable potential of
leading to further abuse of the victims. As previously recommended by the Philippine
Commission for Women (PCW) in its legislative agenda, these forgiveness clauses should be
removed.4 Offenders could use marriage as a weapon to shield themselves from criminal liability.
They could pressure rape survivors to reach a compromise through marriage. As stated by the
PCW, this defeats the very intention of RA 8353 in reclassifying rape as a public crime.
Moreover, there is always that possibility that sexual violence may recur even when after the
marriage between the rapist and the rape survivor. Under the guise of preserving the sanctity of
marriage, the offender may manipulate or pressure their wife into condoning the violation of her
rights and forgiving him.
This bill aims to amend relevant parts of the Revised Penal Code in order to remove the
aforementioned forgiveness clauses as grounds to extinguish criminal liability. With the passage
of this bill, we are upholding a person’s dignity, taking a strong stance against sexual offenses
and
ensuring that justice is served for the victims. This will also send a clear message to
offenders that they will be held accountable for their actions, regardless of any attempts to use
marriage or other circumstances to avoid punishment. Ultimately, the proposed amendment will
help to close legal loopholes that enable perpetrators of sexual violence to evade justice and will
provide greater protection and support for survivors. By passing this bill, we are taking a
significant step towards promoting a culture of respect, consent, and accountability, and towards
creating a safer and more just society for all.
HON. MA. ALANA SAMANTHA TALIÑO SANTOS
Representative, 3rd District of Cotabato
4 https://pcw.gov.ph/assets/files/2020/03/PCW-WPLA-PB-01-Amending-the-Anti-Rape-Law-AEB.pdf


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT REMOVING PARDON AS A GROUND TO EXTINGUISH LIABILITY FOR
THE CRIME OF RAPE AND CRIMES AGAINST CHASTITY, AMENDING FOR THE
PURPOSE ARTICLES 13, 23, 89, and 344 AND REPEALING ARTICLE 266-C OF ACT
NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 13 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, is hereby further amended as follows:
“Article 13. Mitigating circumstances. – The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or
to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen years of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same
degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion
or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of
the evidence for the prosecution;
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8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
10. THAT THE OFFENDER IS FORGIVEN BY THE OFFENDED PARTY IN
CASE OF RAPE COMMITTED BETWEEN SPOUSES.
11. And, finally, any other circumstances a similar nature and analogous to those above
mentioned.”
Section 2. Article 23 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, is hereby further amended as follows:
“Article 23. Effect of pardon by the offended party. - A pardon of the offended party does
not extinguish criminal action [except as provided in Article 344 of this Code]; but civil liability
with regard to the interest of the injured party is extinguished by his express waiver.
Section 3. Article 89 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, is hereby further amended 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. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
[7. By the marriage of the offended woman, as provided in Article 344 of this Code.]
Section 4: Article 344 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, is hereby further amended 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 filed by the offended spouse.
The offended party cannot institute criminal prosecution without including both the 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, or guardian.
[nor, in any case, if the offender has been expressly pardoned by the above named persons, as the
case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the
offender with the offended party shall extinguish the criminal action or remit the penalty already
imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals,
accomplices and accessories after the fact of the above-mentioned crimes.]
Section 5. Repeal of the ‘forgiveness clause’. - Article 266-C of the Anti-Rape Law of
1997 shall be deleted.
Section 6. Repealing Clause. –Any law, presidential decree or issuance, executive order,
letter of instruction, rule or regulation inconsistent or contrary to the provision of this Act is
hereby repealed or modified accordingly.
Section 7. Effectivity Clause. – This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or a newspaper of general circulation.
Approved,