Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. fl 60

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and

HON. FERDINAND MARTIN G. ROMUALDEZ

This bill seeks to provide stronger protection for children from sexual
abuse. It accordingly aims to increase to sixteen (16) years from the current
twelve (12) years the age for determining the crime of statutory rape, wherein
for reasons of his or her age, the consent of the victim, even if present or was
presumed given, cannot be used in defense of the offender.

The establishment of a minimum age of sexual consent is a critical
component in shielding children from sexual violence. Children below such
age are considered without the power to resist and to give their genuine and
fully informed consent to any sexual activity,

The Philippines is party to the Convention on the Rights of a Child
which obliges all State parties to take all measures to Protect children from all
forms of sexual exploitation and sexual abuse including coercion to engage in
any unlawful sexual activity, including the Passage of laws that prohibit
engaging in sexual activity with children below the age of sexual consent.

Current Philippine laws provide that sexual intercourse with children
below 12 years old is illegal and tantamount to rape. In addition, sexual
activity with a person below 18 years of age may constitute child abuse and
exploitation

However, the current age for determining the crime of statutory rape is
not compliant with the international average as evidenced by a 2015 Report
released by the United Nations Children’s Fund (UNICEF) East Asia and
Pacific Region. In fact, the same study revealed that the age of sexual
consent in the Philippines is the lowest in the Southeast Asian region.

It is highly imperative that a significant reform in our current legislation
is required in order to comply with our international commitments in terms of
the protection of children. To this end, this bill Proposes amendments to the
Revised Penal Code, as amended by Republic Act No. 8353, otherwise


known as the Anti-Rape Law of 1997 and Republic Act No. 7610, also known
as the Special Protection of Children Against Abuse, Explottation and
Discriminatory Act.

In view of the foregoing, the passage of this bill is earnestly sought.

YEDDA MARIE . ROMUALDEZ
Tingog Sinirdngan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4160
House Bill No.

220 ee a ee
Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. FERDINAND MARTIN G. ROMUALDEZ

AN ACT PROVIDING STRONGER PROTECTION TO CHILDREN BY
INCREASING THE AGE FOR DETERMINING STATUTORY RAPE AND
OTHER ACTS OF SEXUAL ABUSE AND EXPLOITATION AND AMENDING
FOR THIS PURPOSE ACT NO. 3815, AS AMENDED, ALSO KNOWN AS
THE REVISED PENAL CODE, REPUBLIC ACT NO. 8353, OTHERWISE
KNOWN AS THE ANTI-RAPE LAW OF 1997 AND REPUBLIC ACT NO.
7610, ALSO KNOWN AS THE SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION AND DISCRIMINATORY ACT

Be it enacted by the Senate and the House of the Representatives of

the Philippines in Congress assembled:

Section 1. Article 266-A of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ARTICLE 266-A. RAPE - WHEN AND HOW
COMMITTED. RAPE IS COMMITTED BY ANY PERSON
WHO SHALL COMMIT ANY OF THE FOLLOWING ACTS
AGAINST ANY PERSON WITHOUT THEIR CONSENT,
WHETHER OR NOT INJURIES WERE SUFFERED:

1. INSERTING A PERSON'S PENIS INTO ANOTHER
PERSON'S INNER OR OUTER VAGINAL LABIA,


MOUTH, OR ANAL ORIFICE OF ANOTHER
PERSON;

. INSERTING ANY INSTRUMENT OR OBJECT,
INCLUDING A FINGER, INTO ANOTHER
PERSON'S INNER OR OUTER VAGINAL LABIA
OR ORAL ORIFICE OF ANOTHER PERSON; OR

CAUSING THE INSERTION OF ANOTHER
PERSON'S PENIS INTO THE INNER OR OUTER
VAGINAL LABIA, MOUTH, OR ORAL ORIFICE OF
THE OFFENDER THROUGH FORCE, THREAT,
INTIMIDATION, VERBAL PRESSURE,
PERSUASION, COERCION, ADMINISTRATION OF
ALCOHOL, DRUGS RESULTING TO THE
DEPRIVATION OF REASON, OR FRAUDULENT
MACHINATION OR GRAVE ABUSE OF
AUTHORITY SHALL ALSO BE GUILTY OF THE
CRIME OF RAPE;

|. WHEN THE OFFENDED PARTY IS DEPRIVED OF
REASON OR OTHERWISE UNCONSCIOUS;

. CAUSING TWO OR MORE PERSONS TO
ENGAGE IN SEXUAL ACTS, OR THEIR
PERFORMANCE OF ANY OF THE ABOVE-
MENTIONED ACTS IN THIS PARAGRAPH
THROUGH FORCE, THREAT, INTIMIDATION,
VERBAL PRESSURE, PERSUASION, COERCION,
ADMINISTRATION OF ALCOHOL OR DRUGS
RESULTING TO DEPRIVATION OF REASON OR,
OR FRAUDULENT MACHINATION OR GRAVE
ABUSE OF AUTHORITY SHALL ALSO BE GUILTY


OF THE CRIME OF RAPE, EVEN IF THE
PERPETRATOR DOES NOT PARTICIPATE.

Section 2. Article 266-B of the Revised Penal Code, as amended, is
hereby further amended to read as follows:

“ARTICLE 266-B. STATUTORY RAPE. THE CRIME OF
STATUTORY RAPE IS COMMITTED WHEN ANY OF THE
ACTS ENUMERATED IN ARTICLE 266-A IS COMMITTED
AGAINST A MINOR UNDER SIXTEEN (16) YEARS OF AGE
OR THOSE OVER BUT ARE UNABLE TO FULLY TAKE
CARE OF THEMSELVES FROM ABUSE, NEGLECT,
CRUELTY, EXPLOITATION OR DISCRIMINATION BECAUSE
OF A PHYSICAL OR MENTAL DISABILITY OR CONDITION.
THERE SHALL BE NO VALID CONSENT IN THESE
INSTANCES.”

Section 3. Article 266-B of the Revised Penal Code, as amended,
enumerating the penalties for the crime of rape shall be renumbered as Article
266-C and is hereby further amended to read as follows:

“Article 266-C [226-B]. PENALTY [Quatitied-Seduetion].
Rape under ARTICLE 266-A [paragraph—t—efthe—next
preceding—article] AS DEFINED IN THIS LAW shall be
punished by reciusion perpetua. THE SAME PENALTY SHALL
APPLY IN CASES OF STATUTORY RAPE.

“Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua IN ITS MAXIMUM PERIOD [te-death].

“When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall become reclusion
Perpetua IN ITS MAXIMUM PERIOD [te-death].


“When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the penalty
shall be reclusion perpetua IN ITS MAXIMUM PERIOD fte
death].

“When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be reclusion perpetua
IN ITS MAXIMUM PERIOD [te-death],

“The PENALTY OF RECLUSION PERPETUA IN ITS
MAXIMUM PERIOD shall also be imposed if the crime of rape
is committed with any of the following aggravating / qualifying
circumstances.

“1). 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;

“2). When the victim is under the custody of the
police or military authorities or any law enforcement or
penal institution;

“8). When the rape is committed in full view of the
spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity:

“4). When the victim is a religious engaged in
legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of
the commission of the crime;


“5). When the victim is a child below seven (7)
years old;

“6). When the offender knows that he 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 Para-military units
thereof or the Philippine National Police or any law
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the
commission of the crime;

“8). When by reason or on the occasion of the
tape, the victim has suffered permanent physical
mutilation or disability:

“9). When the offender knew of the Pregnancy of
the offended party at the time of the commission of the
crime; and

“10). When the offender knew of the mental
disability, emotional disorder and/or physical handicap of
the offended party at the time of the commission of the

crime.

Section 3. Article 266-C of the Revised Penal Code, as amended, shall
be renumbered as Article 266-D and is hereby further amended to read as
follows:


“Article 266-D [226-G]. EFFECT OF FORGIVENESS
AND SUBSEQUENT VALID MARRIAGE [Effect-of Pardon).
The subsequent valid marriage between the offended party
AND THE OFFENDER shall NOT AUTOMATICALLY
extinguish the criminal action or the penalty imposed.

XXX,

Section 4. Article 266-D of the Revised Penal Code, as amended, on
Presumptions shall be renumbered as Article 266-E and is hereby further
amended to read as follows:

“Article 266-E [226-D]. Presumptions. Any [physical
ever] act manifesting resistance against the act of rape in any
degree from the offended party, or where the offended party is
‘so situated as to render her OR him incapable of giving valid
consent, may be accepted as evidence in the prosecution of
the acts punished under Article 266-A AND 266-B.”

Section 5. Article 337 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“Article 337. Qualified Seduction. The seduction of a
MINOR [virgin] [over] SIXTEEN (16) [twelve] years and under
eighteen years of age, committed by any person in public
authority, priest OR RELIGIOUS ENGAGED IN LEGITIMATE
RELIGIOUS VOCATION OR CALLING, [heme-servant],
domestic, guardian, teacher, or any person who, in any
capacity, shall be entrusted with the education or custody of
the MINOR [woman] seduced, shall be punished by prison
correctional in its MEDIUM [minimum] and MAXIMUM
[medium] periods

XXX,


Section 6. Article 338 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“Article 338. Simple Seduction. - The seduction of a
MINOR [woman-whe-is-single-or-a-widew] of good reputation,
[ever] SIXTEEN (16) [twelve] but under eighteen years of age,
committed by means of deceit shall be punished by arresto

mayor.”

Section 7. Article 342 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“Article 342. Forcible Abduction. - The abduction of any
PERSON [woman] against HIS OR her will and with lewd
designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the
PERSON [femate] abducted be under SIXTEEN (16) [twelve]
years of age.”

Section 8. Article 343 of the Revised Penal Code, is hereby amended
to read as follows:

“Article 343. Consented Abduction — The abduction of
a MINOR [virgin] SIXTEEN (16) [lovertwelve] years and under
eighteen years of age, carried out with HIS OR her consent
and with lewd designs, shall be punished by the penalty of
Prision correccional in its minimum and medium periods.”

Section 9. Republic Act No. 7610, otherwise known as the Special
Protection of Children against Abuse Exploitation and Discriminatory Act,
Section 5, is hereby amended to read as follows:


“Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development.

XK

(b) Any person who shall keep or have in his
company a minor, SIXTEEN (16) [bwelve42)] years or
under or who in ten (10) years or more his junior in any
public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or
similar places shall suffer the penalty of prision mayor
in its maximum period and a fine of not less than Fifty

thousand pesos (Php 50,000):

Provided, that this provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of
a social, moral or legal duty.”

Section 10. Repealing Clause. - Republic Act 8353, Republic Act No.
7610, Section 5 (b) and Section 10 (b) and Act No. 3815, Articles 266-A, 266-
B, 266-C 337, 338, 339, 340, 342 and 343, and all laws, acts, presidential
decrees, executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.

Section 11. Separability Clause - \f any provision of this Act is held
invalid or unconstitutional, the remainder Of the Act or the provision not
otherwise affected shall remain valid and subsisting.

Section 12. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.


Approved