Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILLNO. 1 1486

Introduced by AKBAYAN Representative Percival Cendafia

EXPLANATORY NOTE

Article 266-C of Act No. 3815 or the Revised Penal Code, as amended by Republic Act
No. 8353 or The Anti-Rape Law of 1997, is commonly known as a “forgiveness clause”
in that “[tJhe subsequent valid marriage between the offended party shall extinguish the
criminal action or the penalty imposed.” It further states that in cases wherein the rape was
committed by the legal husband of the victim, “the subsequent forgiveness by the wife as,
the offended party shall extinguish the ctiminal action or the penalty.”

‘The forgiveness clause perpetuates the notion that marriage between the victim and the
perpetrator can somehow nullify the harm done to the victim, and even potentially causing
further trauma and abuse on the victim for encouraging her to maintain a relationship with
her perpetrator. It may also be used as a tool by offenders to avoid justice.

‘This bill seeks to repeal Article 266-C and amend similar provisions of the Revised Penal
Code which grant pardon to the offender or extinguish their criminal liability on account
of marriage to the victim ot forgiveness by the married victim. The existence of such
provisions undermines the gravity of the crime of rape and perpetuates violence against
women behind the guise of marriage.

‘As succinctly discussed by the Philippine Commission on Women (PCW) in their policy
brief on proposed amendments to the Anti-Rape Law:

“A rapist’s offer to marry the rape survivor should never be a reason
to let them off lightly for various reasons. It allows offenders to
pressure rape survivors to reach a compromise. It likewise defeats the
very purpose of reclassifying rape from a private to a public crime.
‘Third, and most importantly, the “forgiveness clause” in R.A. No. 8353
exposes the victim to further danger as it does not consider the
possibility that sexual violence may recur when the rape survivor is
married off to her rapist.



With such provision in the law, women who have been raped by their
husbands before or during the marriage are likely to be raped again,
trapping them in a vicious cycle of physical, sexual and/or
psychological abuse. The offender can coax ot induce the wife to
condone the violation of her rights and forgive him, under the shroud
of preserving the sanctity of marriage or protecting their children from
a broken family, among others.”

‘The objectives of the proposed bill is in line with Goal No. 5 on Gender Equality of the
United Nations Sustainable Development Goals which targets the adoption and
strengthening of policies and legislation for the promotion of gender equality and the
empowerment of all women and gitls at all levels. The proposal is also consistent with the
State’s policy to value the dignity of every human person and guarantee full respect for
human rights, vis-a-vis the policy to recognize the role of women in nation-building ensure
the fundamental equality before the law of women and men?

‘The repeal of the forgiveness clause in rape cases has been part of the Women’s Priority
Legislative Agenda as championed by the PCW since the 15" Congress. The repeal of this,
provision is long overdue.

In view of the foregoing, the immediate passage of this ly sought.

AL V. CENDANA
AKBAYAN Representative

1 Women's Priority Legislative Agenda (19 Congress). Policy Brief No.4: Strengthening the Provisions of
RA 8353 (Amending the ‘Anti-Rape Law) Available a
https:/ /drive google.com /file/d/ 1Mz40eJbVTtnnyc028drEh9KWhBOSBrfs/view

21987 Philippine Constitution, Article II, Sections 11 and 14

2


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

House BILL No.11486

Introduced by AKBAYAN Representative Percival Cendaiia

AN ACT
REPEALING ARTICLE 266-C (THE “FORGIVENESS CLAUSE”) AND
AMENDING ARTICLES 23, 89, AND 344 OF ACT NO. 3815, OTHERWISE
KNOWN AS THE “REVISED PENAL CODE”, AS AMENDED BY REPUBLIC
ACT NO. 8353, OTHERWISE KNOWN AS “THE ANTI-RAPE LAW OF 1997”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1, Article 266-C commonly referred to as the “forgiveness clause” of Act
No. 3815, otherwise known as the Revised Penal Code, as amended by Republic Act No.
8353, otherwise known as “The Anti-Rape Law of 1997”, is hereby repealed.

Sec. 2. Article 23 of Act No. 3815 is hereby amended to read as follows:

ART, 23. Effect of pardon by the offended party. - A pardon by the
offended party does not extinguish criminall-setion-exeeptas-provided

in-atticle 344 of this Code}; but civil liability with regard to the interest
of the injured party is extinguished by his express waiver.

Sec. 3. Article 89 of Act No. 3815 is hereby amended to read as follows:
ART, 89. How criminal liability is totally extinguished, — Criminal

liability is totally extinguished:

Xxx

6. By prescription of the penalty.



Cwrraneuen a

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Sec. 4, Article 344 of Act No. 3815 is hereby amended to read as follows:

ART. 344. Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lascviousmess, —
xxx

. ‘ —_
ctiminal-action-o-remit-the-penalty-alrendy imposed upor-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.

Sec. 5. If any part, section or provision of this Act is held invalid or

unconstitutional, other provisions not affected thereby shall remain in full force and effect.

Sec. 6. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,