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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
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S E N A  
S.B. No. 
Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
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Under Executive Order No. 209, also known as the Family Code, Articled 37 and 
38, incestuous madages are voidab initio for being contrary to public policy. 
Act No. 3815, as amended, also known as the Penal Code, Article 335 par. 7 No. 
1, imposes the death penalty for rape 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.” 
This bill criminalizes such sexual relations because they are contrary to public 
morals and public policy. It also responds to reports of rising incest statistics among 
famiiies of overseas contract workers. 


TNKRTEENTB CONGRESS OF THE REPUBLIC) 
OF THE PHLPPINES 
) 
-3 8324 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING SEXUAL RELATIONS WITH CONSENT BETWEEN PARTIES 
WHO ARE RELATED BY CONSANGUINITY OR BY REASON OF PUBLIC 
POLICY, HAVE KNOWLEDGE OF THEIR RELATIONSHIP AND ARE EIGHTEEN 
(1 8) YEARS OF AGE AND ABOVE, AND PROVIDING PENALTIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. -This Act shall be known as the "Anti-Incest A t." I. 
SECTION 2. DeJnition and Coverage. -Incest, as used in this Act, is defined as 
sexual relations between persons who, by consanguinity and/or public policy are declared 
related. 
(1) Incestuous sexual relations with consent are prohibited among the 
following parties who are related by lineal consanguinity, have knowledge of their blood 
relationship and are eighteen (18) years of age and above: 
(A) between ascendants and descendants of any degree; and 
(B) between brothers and sisters, whether full or half-blood. 
(2) By reason of public policy, sexuat relations with consent between the 
parties, who have knowledge of their relationship and are eighteen (18) years of age and 
above, are considered incestuous and are hereby prohibited 
(A) between collateral blood relatives, whether legitimate or 
-. . illegitimate, up to the fourth civil degree; 
(B) between step parents and step children; 
(C) between parent-in-law and children-in-law; 
(D) between the adopting parent and the adopted child; 


(E)between the surviving spouse of the adopting parent and the 
adopted child; 
(F) between the surviving spouse of the adopting parent and the 
adopted child; 
(G)between the surviving spouse of the adopted child and the 
adopter; 
(H) 
between an adopted child and a legitimate child of the adopter; 
(I) between adopted children of the same adopter; and 
(J) between legal guardian and ward. 
SECTION 3. Penalties. - The ascendant, elder brother or sister, or elder blood 
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relative slall be penalized withprision correcional in its medium and maximum periods. 
The step-parent, parent-in-law, or surviving spouse of the adopted shall be 
punished two degrees lower if he or she is between the ages of eighteen (18) and twenty- 
five (25) at the time of the sexual relations, otherwise, their penalty shall be that as 
provided in the next preceding article of this section. 
The maximum penalty as provided in the first paragraph of this section s all be 
imposed when the incestuous sexual relations occur while the spouse of the asc ndant, 
step-parent, parent-in-law, adopting parent, or the adopted is employed in another city, 
municipality, or province, with a radius of at least one hundred fifty (150) kilometers 
from his or her habitual residence or is employed abroad. 
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SECTION 4. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the reminder of the law of the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 


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or inconsistent with, the provisions of this Act is hereby repealed, modified, or 
accordingly. 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved. 
FN: 1039 JPS