Republic of the Pliilippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
House Bill No. 8994
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT PROVIDING FOR STRONGHR PROTECTION AGAINST RAPE AND SEXUAL
HXPL0ITATION AND ABUSE, AMENDING FOR THE PURTOSE ACT NO. 3815, AS
AMENDED, OTHHRWISE KNOWN AS THE ``REVISED PENAL CODE"
EXPLANATORY NOTE
The crime of rape has been one of the most common crimes between July 2022 and Janua]y 2023.
Although the number of rape cases has decreased since 2020, the number of rape cases is still high at
8,460, with 6,000 committed against children as of 2021. Additionally, other related crimes such as
grooming  lack  sufficient  legal  basis  for punishment.  Thus,  there  is  still  room  to  improve  current
national policies against rape and sexual exploitation and abuse.
The Eighteenth Congress had passed Republic Act No.  116481, which amended the Anti-Rape Act of
1997 by raising the minimum age of sexual consent from  12 to 16 years old to protect children against
abuse and sexual exploitation. This is a step towards protecting children's rights and providing rape
victims  with  justice  and  protection.  However,  there  remains  an  opportunity  to  further  increase
incidences  of rape  and  provide  more  safeguards  to  possible  victims  who  would  have,  otherwise
suffered from a lack of protection by the law.
Thus, this bill aims to provide a more inclusive definition of rape punishable by law, define the act of
grooming  and  provide  penalties  for  committing  such,  institutionalize  the  presumption  of lack  of
consent,  provide a harsher penalty for rape  considering the presence of aggravating circumstances,
reject the extinguishing of criminal liability in a reconciliation or subsequent marriage, defining who
can complain about the rape and their responsibilities, clarify the effects of an affidavit of desistance
and an amicable settlement, provide victims with more protection through confidentiality and privacy,
and define quality seduction and provide penalties for such.
In view of the foregoing, approval of this measure is earnestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINHTEENTH CONGRESS
Second Regular Session
+       HouseBi||No.8994
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT PROVIDING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL
EXPLOITATION AND ABUSE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE ``REVISHD PENAL CODE"
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress as.sembled:
SECTION  1.  Article  266-A  of Act  No.  3815  as  amended  by  Republic  Act  No.  8353,  is  hereby
amended to read as follows:
"Article 266-A. Rape; When And How Committed. - Rape [Is Committed] IS COMMITTED
BY A PERSON AGAINST ANY PERSON BY:
[1)  By  a  man  who  shall  have  carnal  knowledge  of a  woman  under  any  of the  following
circumstances:
"x x x„]
"1.   INSERTING   OR   CAUSING   THE   INSERTION   OF   A   PERSON'S   PENIS   INTO
ANOTHER  PERSONS  INNER  OR  OUTER  VAGINAL  LABIA,  ANAL  ORIFICE  OR
MOUTI1;
"2)  [By any person who, under any  of the  circumstances  mentioned in paragraph  I  hereof,
shall commit an act of sexual assault by inserting his penis into another person's mouth or anal
orifice,  or  any  instrument  or  object,  into  the  genital  or  anal  orifice  of  another  person.I
INSERTING   OR  CAUSING   THE   INSERTION   OF   A   FINGER,   INSTRUMENT   OR
OBJECT, INTO ANOTHER PERSON'S INNER OR OUTER VAGINAL LABIA OR ANAL
ORIFICE;
3.   PLACING   OR   CAUSING   THE   PLACEMENT   OF   A   PERSON'S   PENIS
BETWEEN,  OR RUBBING OR CAUSING THE RUBBING THEREOF  ON, THE
BREASTS OF ANOTHER PERSON; OR
4.  CAUSING A PERSON OR PERSONS TO PERFORM ANY OF THE ABOVE-
MENTIONED  ACTs  EveN  IF  THE  OFFENDER  DOEs  NOT  pARTlclpATE
THEREIN,
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
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(A)BY     FORCE,      THREAT,      INTIMIDATION,      DECEPTION     OR
COERCION;
(8) BY ABUSE OF AUTHORITY OR MORAL ASCENDANCY;
(C) BY  EMPLOYMENT  OF  MEANS  TO  DEPRIVE  ONE  PERSON  OR
REASON OR TO RENDER ONE UNCONSCIOUS
(D) BY OTHER FRAUDULENT MACHINATIONS; OR
(E) WHEN  THE  VICTIM  IS  INCAPABLE  OR  HAS  BEEN  RENDERED
INCAPABLE  OF  GIVING  CONSENT  BY  REASON  OF  PHYSICAL,
MENTAL, OR PSYCHOLOGICAL DISABILITY OR CONDITION OF
THE VICTIM
SHC. 2. Articles 266-8, 266-C and 266-D of the same Act are hereby repealed.
SEC. 3. A new Article 266-C is hereby added to Act No. 3815, as amended, to read as follows:
"ARTlcLE  266-c.  GROounlvG.  -  FOR  puRpOsEs  OF  THls  ACT,  GROOMING  Is
HEREBY DEFINED AS A PREDATORY CONDUCT, ACT, OR PATTEEN OF ACTS, OF
ESTABLISHING    A    RELATIONSHIP,    TRUST,    OR    EMOTIONAL    CONNECTION
PERSONALLY,  OR VIA  ELECTRONIC  AND  OTHER  SIMILAR  DEVICES,  BY  ANY
PERSON WITH A MINOR UNDER EIGHTEEN (18) YEARS OF AGE OR ANY OF THE
MEMBERS OF THE FAMILY, GUARDIAN OR CAREGIVER OF THE MINOR FOR THE
PURPOSE    OF    PERPETRATING    SEXUAL    ABUSE    OR    EXPLOITATION.    FOR
PURPOSES OF THIS ARTICLE, ANY PERSON WIIO HAS A PIIYSICAL, MENTAL, OR
PSYCHOLOGICAL    DISARILITY    OR    CONDITION    AND    UNABLE    TO    FULLY
UNDERSTAND THE CONSEQUENCES OF ANY SEXUAL ACTIVITY MAY ALSO BE
A VICTIM OF GROOMING.
WHEN GROOMING RESULTS IN THE CONSUMMATION OF ANY OF THE ACTS OF
SEXUAL   ABUSE   OR   EXPLOITATION   UNDER   ARTICLE   266-A,   THE   PERSON
RESPONSIBLE FOR THE GROOMING SHALL BE LIABLE FOR RAPE."
SEC. 4. A new Article 266-D is hereby added to Act No. 3815, as amended, to read as follows:
"AR:mcLE. 266-D . pREsuMPTloN oF LACK oF CoNSENT. ~ IN ALL cA:SES c>E RjAIE,
LACK OF CONSENT IS PRESUMED. THE ABSENCE OR LACK OF PHYSICAL OVERT
ACT    OF    RESISTANCE    TO    THE    COMMISSION    OF    RAPE    SHALL   NOT    BE
CONSTRUED AS CONSENT."
SHC. 5. A new Article 266-E is hereby added to Act No. 3815, as amended, to read as follows:
"ARTICLE  266-E.  PENALTIES  FOR  RAPE.  -  RAPE  UNDER ARTICLES  266-A,  266-8
AND 266-c SHALL BE puNlsHED 8¥ REcf I/i/oIVpEREErz/4.
WHEN THE RAPE IS ATTEMPTED AND HOMICIDE IS COMMITTED BY REASON OR
ON THE OccAsloN THEREOF, THE pENALTy SHALL BE REcf I/sfoIVpEREErtj4.
WHEN  GROOMING  WAS  THE  MEANS  EMPLOYED  TO  COMMIT  RAPE  BUT  THE
SAME WAS ONLY ATTEMPTED, THE PENALTY NEXT LOWER IN DEGREE SHALL
BE  IMPOSED.  THE  BENEFITS  OF  GOOD  CONDUCT  TIME  ALLOWANCE  (GCTA)
3


UNDER REPUBLIC ACT NO.  10592, ENTITI,ED "AN ACT AMENDING ARTICLES 29,
94, 97, 98 AND 99 0F ACT NO.  3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE," SHALL NOT APPLY WIIEN RAPE IS COMMITTED WITH
ANY OF THE FOLLOWING AGGRAVATING CIRCUMSTANCES:
1)   WIIEN THE VICTIM IS UNDER EIGHTEEN (18) YEARS OF AGE AND THE
OFFENDER  IS  A  PARENT,  ASCENDANT,   STEP-PARENT,  GUARDIAN,
RELATIVE  BY  CONSANGUINITY  OR  AFFINITY  \VITHIN  THE  TH].RD
CIVIL DEGREE,  OR THE COMMON-LAW  SPOUSE OF THE PARENT  OF
THE VICTIM;
2)   WIIEN  THE  VICTIM  IS  UNDER  THE  CUSTODY  OF  THE  POLICE  OR
MILITARY  AUTHORITIES  OR  ANY  LAW  ENFORCEMENT  OR  PENAL
INSTITUTION;
3)   WIIEN  THE  RAPE  IS  COMMITTED  IN  FULL  VIEW  OF  THE  SPOUSE,
PARENT, ANY 0F THE CHILDREN OR OTHER RELATIVES WITIIIN THE
THIRD CIVIL DEGREE OF CONSANGUINITY 0R AFFINITY;
4)   WHEN   THE   VICTIM   IS   A   RELIGIOUS   ENGAGED   IN   LEGITIMATE
RELIGIOUS VOCATION OR CALLING AND IS PERSONALLY KNOIVN TO
BE   SUCH  BY   THE  OFFENDER  BEFORE  OR  AT  THE  TIME  OF   THE
COMMISSION 0F THE CRIME;
5)   WHEN Tim vlcTIM Is A CHILD BELOw THIRTEEN (i3) yEARs OLD;
6)   WHEN  THE  OFFENDER  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  ITS  PARA-MILITARY  UNITS,  THE  PHILIPPINE
NATloNAL poLlcE (pNp) oR Ar`IV LAW ENFORCEMENT AGENCY oR
PENAL  INSTITUTloN,  ANY  PERSON  IN  AUTHORITY  AS  DEFINED  BY
LAW,  OR  ANY  PRIVATE  INDIVIDUAL  WIIO  TOOK  ADVANTAGE  OF
ONE'S POSITION, AUTHORITY, INFLUENCE OR MORAL ASCENDANCY;
8)   WHEN BY REASON OR ON THE OCCASION OF THE RAPE, THE VICTIM
SUFFERED PERMANENT PHYSICAL MUTILATION OR DISABILITY;
9)   WIIEN THE OFFENDER KNEW OF THE PREGNANCY OF THE VICTIM AT
THE TIME OF TIIE COMMISSION OF THE CRIME;
10)WHEN    THE    OFFENDER    KNEW    OF    THE    MENTAL    DISABILITY,
EMOTIONAL DISORDER, OR PHYSICAL HANDICAP OF THE VICTIM AT
THE TIME OF THE COMMISSION OF THE CRIME;
11) WHEN BY REASON OF THE RAPE, THE VICTIM BECOMES PREGNANT;
12)WHEN   THE   VICTIM    HAS    SUFFERED    PERMANENT   MENTAL    OR
PSYCHOLOGICAL DISABILITY; OR
4


13) WHEN  THE  OFFENDER  USED  GROOMING  AS  A  MEANS  TO  COMMIT
THE CRIME.
SEC. 6. A new Article 266-F is hereby added to Act No. 3815, as amended, to read as follows:
•. AB:IICLE 266-F . EFFECT OF RECONCILIATION OR SUBSEQUENT VALID MARRIAGE .
-  THE   SUBSEQUENT   VALID   MARRIAGE   BETWEEN   THE   VICTIM   AND   THE
OFFENDER SHALL NOT EXTINGUISH THE CRIMINAL ACTION FOR RAPE OR THE
PENALTY IMPOSED THEREON.
SUBSEQUENT  RECONCILIATION  BETWEEN  LEGITIMATE  SPOUSES  SHALL  NOT
EXTINGusH THE CRIMINAL LIABILITY OF THE OFFENDER."
SHC. 7. A new Article 266-G is hereby added to Act No. 3815, as amended, to read as follows:
"AB:TICLB 266-a. WHO MAY FILE A COMPLAINT FOR RAPE. -AL COMPLA;INIT N[A:Y
BE FILED BY ANY OF THE FOLLOWING:
(A) THE OFFENDED PARTY;
(8) PARENTS OR GUARDIANS OF THE OFFENDED PARTY;
(C) ASCENDANTS,  DESCENDANTS  OR  COLLATERAL  RELATIVES  WITHIN
THE FOURTH CIVIL DEGREE OF CONSAGUINITY OR AFFINITY;
(D) OFFICERS  OR  SOCIAL  WORKERS  OF  THE  DEPARTMENT  OF  SOCIAL
WELFARE  AND  DEVELOPMENT  (DSWD)  OR  SOCIAL  WORKERS  OF
LOCAL GOVERNMENT UNITS (LGUs);
(E)  POLICE OFFICERS;
(F)  PUNONG BARANGAY OR BARANGAY RAGAWAD.,
(G) LAWYER,  COUNSELOR,  THERAPIST  0R  HEALTHCARE  PROVIDER  OF
THE OFFENDED PARTY; OR
(H) A CONCERNED CITIZEN WIIO HAS KNOWLEDGE OF THE COMMISSION
OF THE CRIME."
SEC. 8. A new Article 266-H is hereby added to Act No. 3815, as amended, to read as follows:
" A:RTTCLB 266-H. PERSONS MANDATED TO REPORT RAPE CASES. ~
A)  IT  SHALL  BE THE  DUTY OF THE   FOLLOWING PERSONS  TO  REPORT
ALL  INCIDENTS  OF  RAPE  AND  OTHER  SEXUAL  OFFENSES  TO  THE
DSWD, THE DEPARTMENT OF EDUCATION (DEPED), THE PNP OR ANY
LAW  ENFORCEMENT  AGENCY,  OR  THE  CONCERNED  LGU  WITHIN
FORTY EIGHT (48) HOURS FROM KNOWLEDGE THEREOF:
1.    ANY   HEALTHCARE   PROVIDER,    INCLUDING   THE   ATTENDING
PHYSICIAN,  NURSE,  CLINICIAN,  BARANGAY  HEALTH  WORKER,
OR  ANY   PERSON   WHO   HAS   CAUSED   THE   EXAMINATION   OR
TREATMENT  OF  THE  VICTIM  APPEARING  TO  HAVE  SUFFERED
FROM RAPE OR OTHER SEXUAL OFFENSES;
5


2.    TEACHER,  GUIDANCE  COUNSELOR,  PRINCIPAL,  SCHOOL  HEAD,
OR  ANY  PERSON  WHOSE   WORK   INVOLVES   THE   EDUCATION,
TRAINING, AND CARE OF CHILDREN;
3.    ANY SOCIAL WORKER WIIO HAS REASON TO BELIEVE THAT RAPE
0R OTHER SEXUAL OFFENSES  HAVE BEEN COMMITTED 0R HAS
BEEN DULY INFORMED THEREOF BY THE VICTIM;
4.    ANY NATIONAL OR LOCAL PUBLIC OFFICER; OR
5.   ANT  pERsoN  Wrlo  HAS  KNowLEDGE  oF  THE  coMMlssloN  oF
RAPE 0R OTHER SEXUAL OFFENSES.
8)   THE  PERSONS  MANDATED  TO  REPORT  CASES  OF  RAPE  OR  OTHER
SEXUAL   OFFENSES   SHALL   HAVE,   AS   FAR   AS   APPLICABLE,   THE
FOLLOWING RESPONSIBILITIES :
1.    PROPERLY    DOCUMENT    ANY    OF    THE    VICTIM'S    PHYSICAL,
EMOTIONAL, OR PSYCHOLOGICAL INJURIES ;
2.    PROPERLY RECORD OBSERVATION ON THE VICTIM'S CONDITION
AND CIRCUMSTANCES DURING THE EXAMINATION OR VISIT;
3.    SAFEGUARD   THE   RECORDS   AND   MAKE   THEM   IMMEDIATELY
AVAILABLE To THE vlcTIM unoN REQUEST; AND
4.    IMMEDIATELY  REPORT  THE  SUSPECTED  COMMISSION  OF  RAPE
TO THE PROPER AUTHORITIES."
C)   FAILURE TO REPORT POSSIBLE RAPE OR SEXUAL OFFENSES UNDER
THIS  ACT  SHALL  BE  PUNISHABLE  BY  A  FINE  OF  NOT  MORE  TRAN
FIFTY  THOUSAND  PESOS  (P50,000.00)  WITHOUT  PREJUDICE  T0  ANY
ADMINISTRATIVE LIABILITY, IF APPLICABLE.
D)  NO  CRIMINAL,  CIVIL,  OR  ADMINISTRATIVE  ACTION  MAY  BE  FILED
AGAINST ANY PERSON WIIO IS PERFORMING THE RESPONSIBILITIES
MANDATED UNDER THIS ARTICLE."
SEC. 9. A new Article 266-I is hereby added to Act No. 3815, as amended, to read as follows:
"ARTlcLE   266,I.   ziFfj:ziAprTr   oF  DESzsr#IVcE.   -   THE   suBMlssloN   OF   AN
AFFIDAVIT  OF  DESISTANCE  AT  ANY  STAGE  OF  THE  CRIMINAL  ACTION  OR
PROCEEDINGS IS NOT ALLOWED."
SEC.10. A new Article 266-J is hereby added to Act No. 3815, as amended, to read as follows:
"ARTICLE  266-I.  *4A47G4Bz,E sEr7LEMEIvr.  - ANT  AMlcABLE  SETTLEMENT  AT
ANY STAGE OF THE PROCEEDINGS FOR RAPE OFFENSES IS PROHIBITED."
SHC.11. A new Article 266-K is hereby added to Act No. 3815, as amended, to read as follows"
`.AR:TICLB 266-K. CONFIDENTIALITY AND PRIVA CY. ~ "E JUDGES, PROSECUTORS,
OR OFFICERS  OF THE  COURT,  SHALL ENSURE  THE CONFIDENTIALITY OF  THE
6


PROCEEDINGS  FOR RAPE  OFFENSES.  FOR THIS  PURPOSE,  THE  INVESTIGATING
PROSECUTOR  OR  THE  JUDGE  SIIALL  HOLD  CLOSED  DOOR  PROCEEDINGS  TO
PROTECT THE IDENTITY AND PRIVACY OF THE PARTIES.
THE JUDGE, PROSECUTOR OR ANY OFFICER OF THE COURT, WHO VIOLATES OR
FAILS TO COMPLY WITH THE PROVISIONS 0F ARTICLES 266-I, 266-J, AND 266-K
OF  THIS  ACT  SHALL  BE  PUNISHED  WITH  A  FINE  0F  NOT  LESS  THAN  FIFTY
THousAND  pESoS  (P5o,ooo)  WITHoUT  PREJUDlcE  To  AI`nr  ADMINISTRATlvE
LIABILITY."
SEC.12. Articles 337, 338, 342, and 343 of Act No. 3815, as amended are hereby repealed.
SEC.13. A new Article 338 is hereby added to Act No. 3815, as amended, to read as follows:
"ARTlcLE  338.  gLzjl£zFIED  SEDC/CrroIV.  -  THE  SEDUCTION  OF  A  MINOR AGED
SIXTEEN (16) YEARS  AND UNDER EIGHTEEN (18)  YEARS  OF AGE,  COMMITTED
BY ANY PERSON IN PUBLIC AUTHORITY, PRIEST, OR RELIGIOUS ENGAGED IN A
RELIGIOUS VOCATION OR CALLING, DOMESTIC, GUARDIAN, TEACHER OR ANY
PERSON    WHO,    IN    ANY    CAPACITY,    SHALL    BE    ENTRUSTED    WITH    THE
EDUCATION OR CUSTODY OF  THE MINOR  SEDUCED,  SHALL BE PUNISHED BY
PJiJSJOIVA4H yon IN ITS MEDIUM AND MAXIMUM PERIODS.
THE PENALTY NEXT HIGHER IN DEGREE SHALL BE IivffosED UPON:
1)   ANY  PERSON  WHO  SHALL  SEDUCE  A  FULL  OR  HALF-BLOOD  SIBLING  OR
DESCENDANT.
2)   ANY   EMPLOYER,   MANAGER,   SUPERVISOR,   AGENT   OF   THE   EMPLOYER,
TEACHER,  INSTRUCTOR,  PROFESSOR,  COACH,  TRAINOR,  OR  ANY  PERSON
WHO,  HAVING  AUTHORITY,  INFLUENCE  OR  MORAL  ASCENDANCY  OVER
ANOTHER IN A WORK, TRAINING OR EDUCATION ENVIRONMENT, SEDUCES
A WORKER, EMPLOYEE, APPLICANT FOR EMPLOYMENT,  STUDENT OR ONE
UNDERGOING TRAINING, IN STRUCTION OR EDUCATION
INDER THE PROVISIONS 0F THIS CHAPTER, SEDUCTION IS COMMITTED WHEN
THE  OFFENDER  HAS  CARNAL  KNOWLEDGE  OF  ANY  OF  THE  PERSONS  AND
UNDER THE CIRCUMSTANCES DESCRIBED HEREIN.
SEC.  14. Public and private institutions engaged in the education, training, and care of children shall
ensure that their ourriculum for continuing staff development include plans and leaming sessions on
the scope of their duties and responsibilities in identifying, responding to and reporting rape and other
sexual offenses.
SEC. 15. The Secretary of Social Welfare and Development, Secretary of Justice through the National
Prosecution  Service, and the Chief of the PNF  shall submit an armual report to the Congress of the
Philippines including the data and status of cases involving rape, sexual abuse and exploitation.
SEC.16. Effeczz.vz.ty. -This Act shall take effect fifteen (15) days after its publication in the O;#}cj.a/
Gczze/fe or in a newspaper of general circulation.
Approved,
7