FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENi1i13 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago· 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 13 provides: 
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The State recognizes the vital role ofthe youth in nation-building and shall 
promote and protect their physical, moral, spiritual, intellectual, and social well-
being. It shall inculcate in the youth patriotism and nationalism, and encourage 
their involvement in public and civic affairs. 
The convention on the Rights of the Child provides for minimum standard of protection 
of children against sexual abuse and exploitation. The Philippines, in compliance with its state 
obligation has provided legislative measure to address the child sexual abuse and exploitation 
which the Committee on the Rights of the Child characterized as a "relatively advanced legal 
framework." Nevertheless, the Committee still has grave concerns about the sexual exploitation 
of children, including growing child prostitution, and the reported cases of child pornography in 
the state party." 
More specifically, the Committee observes that the "minimum age of sexual consent" is 
not "clearly established" in the law and that the Penal code "imposes maximum penalties for 
sexual offenses when the victim is under twelve (12) years of age but imposes lower penalties for 
sexual offenses against minors over twelve (12) years of age." Thus, the Committee recommends 
that the Philippines review its domestic legislation on children's protection against sexual abuse 
and exploitation including providing equal sanctions to all sexual offenders. It likewise 
recommends that the Philippines "set a clearly defined minimum age of sexual consent at an 
internationaUy acceptable level in its domestic law." 
Based on a comparative observation, the Philippines has one of the lowest minimum age 
established in determining statutory sexual abuses committed against children. Existing 
legislation also provides differential treatment on children 'in terms of application of particular 
provisions of sexual abuse protection laws and in terms of imposition of these laws when a child 
is below or above the minimum age of consent. Pursuant to the obligation of the Philippines 
under the Convention on the Rights of the Child, this bill amends the provision of the Penal Code 
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by raising the minimum age of consent to determine statutory rape to below 16 years of age. In 
this regard, it amends or repeals the other provisions of the Penal Code, as well as special laws 
with the attempt to address the disparity in the treatment of those persons who are below twelve 
(12) years old and those twelve (12) years but below 18 years of age. 
The Committee did not state the particular age that is acceptable at the intemationallevel 
but a comparative observation of other countries' laws around the world shows that the 
Philippines has one of the lowest minimum age for determining statutory rape. * 
• This bill was originally filed in the 14th Congress. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular,Session 
) 
,. .n 19 Am :25 
SENATE 
S.No. 1513 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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INCREASING THE AGE FOR DETERMINING STATUTORY RAPE AND OTHER 
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ACTS OF SEXUAL ABUSE AND EXPLOITATION TO PROVIDE STRONGER 
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PROTECTION FOR CHILDREN AND AMENDING FOR THIS PURPOSE ACT NO. 
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3815, AS AMENDED, ALSO KNOWN AS THE PENAL CODE 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shaII be lmown as the "Age of Statutory Rape and 
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Acts of Sexual Abuse Act." 
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SECTION 2. The Penal Code, Article 266-A (1) (d) is hereby amended to read as 
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foIIows: 
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"Article 266-A. Rape - When and How Committed. Rape is committed: 
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I) By a man who shall have carnal knowledge of a woman under any of 
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the foIIowing circumstances: 
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: (d) When the offended party is under SIXTEEN (16) [twelve (12)] years 
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of age or is demented, even though none of the circumstances mentioned above be 
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present." 
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SECTION 3. Repealing Clause. - Republic Act No. 7610 Section 5 (b), Act No. 3815 
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Articles 337, 338, 339, 342 and 343, and all laws, acts, presidential decrees, executive orders, 
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administrative orders, rules and regulations inconsistent with or contrary to the provisions of this 
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Act are deemed amended, modified or repealed accordingly. 
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SECTION 4. Separability Clause. - If any provision of this Act is held invalid or 
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unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
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valid and sUbsisting. 
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SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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pUblication in at least two (2) newspapers of general circulation. 
Approved, 
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