Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
Second Regular Session

HOUSE BILL No, _ 8176

AN ACT
AMENDING ARTS. 266-A, 333, 334, 337, 338, 342, 343, 349, 350 and 351
OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL
CODE OF THE PHILIPPINES AND REPUBLIC ACT NO. 8353 (ANTI-
RAPE LAW OF 1997), AND FOR OTHER PURPOSE.

Introduced by: Congressman BIENVENIDO M. ABANTE, JR.

EXPLANATORY NOTE

God created man in his own image, and created male and female only
(Genesis 1:27), and gave the decree of procreation to a male and female only
(Genesis 1:27-28), from which it is clear that God created only two (2)
genders. As time passes by, however, and quite unfortunately, man continuous
to change with flaming persistence the physiological, moral and social order,
and environment that God designed for him. Today, what was virtually
unknown and unimaginable since time immemorial, have become detestable
realities right in our beloved country, of which we are proud to be called as the
only ‘Christian’ country in the Far East.

Today, we have lesbians, gays, bisexuals, transgenders, queers and
intersex (LGBTQI), and growing and/or expanding, who are clamoring for
‘legislated rights’ and ‘state protection’ tailored for their specific kind and/or
class, all in contravention to God’ law of creation and procreation and in utter
defiance to His statutes and commandments, and the principles and standards
of proper conduct and righteous living that He set for an orderly and morally
upright society. To name a few: (1) on adultery - “And the man that
committeth adultery with another man’s wife, even he that committeth adultery
with his neighbour’s wife, the adulterer and the adulteress shall surely be put
to death (Leviticus 20:10, KJV, italics for emphasis). “But whoso committeth
adultery with a woman lacketh understanding: he that doeth it destroyeth his
own soul” (Proverbs 6:32, KJV); (2) on_lust - “But I say unto you, That
whosoever


2)

looketh on a woman to lust after her hath committed adultery with her already
in his heart” (Matthew 5:28, KJV). “This I say then, Walk in the Spirit, and ye
shall not fulfill the lust of the flesh” (Galatians 5:16, KJV). “For all that is in
the world, the lust of the flesh, and the lust of the eyes, and the pride of life, is
not of the father, but is of the world” (J John 2:16, KJV); and (3) on
reprobates - “Because that, when they knew God, they glorified him not as
God, neither were thankful; but became vain in their imaginations, and their
foolish heart was darkened”. “Professing themselves to be wise, they became
fools”, “And changed the glory of the uncorruptible God into an image made
like to corruptible man, and to birds, and fourfooted beasts, and creeping
things”. “Wherefore God also gave them up to uncleanness through the lusts
of their own hearts, to dishonouor their own bodies between themselves”:
“Who changed the truth of God into a lie, and worshipped and served the
creature more than the Creator, who is blessed forever. Amen”. “For this cause
God gave them up unto vile affection: for even their women did change the
natural use into that which is against nature”. “And likewise also the men,
leaving the natural use of the women, burned in their lust one towards
another: men with men working that which is unseemly, and receiving in
themselves their recompence of their error which was meet”. “And even as
they did not like to retain God in their knowledge, God gave them over to a
reprobate mid, fo do the things which are not convenient”; “Being filled with
all unrighteousness, fornication, wickedness, covetousness; full of envy,
murder, debate, deceit, malignity, whisperers”, “Backbiters, haters of god,
despiteful, proud, boasters, inventors of evil things, disobedient to parents”,
“Without understanding, covenant-breakers, without natural affection,
implacable, unmerciful”: and “Who knowing the judgment of God, that they
which commit such things are worthy of death, not only do the same, but have
pleasure in them that do them.” (Romans 1:21-32, KJV, italics for emphasis).

On the other hand, the environment today was not the environment when
we adopted the Revised Penal Code and subsequently adopted other penal
laws. Consistent with the Constitutional mandate for the State to protect life,
liberty and property and promote the general welfare which are essential for
the enjoyment by all the people of the blessings of democracy in a just and
humane society, therefore, and in the spirit of justice, equity and fair play,
there is a need to amend certain provisions of the Revised Penal Code and
other penal laws so as to extend with clarity their protection and efficacy to the
LGBTQI and other similar group(s) that may be born hereafter.

In the light of the foregoing, the immediate passage of this Bill is
earnestly requested.

BIENVENIDO M. ABANTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTTAIVES

Quezon City

EIGHTEENTH CONGRESS,
Second Regular Session

HOUSE BILLNO. 8176

Introduced by: Congressman BIENVENIDO M. ABANTE, JR.

AN ACT

AN ACT AMENDING ARTS. 266-A, 333, 334, 337, 338, 342, 343, 349, 350
and 351 OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED
PENAL CODE OF THE PHILIPPINES AND REPUBLIC ACT NO. 8353
(ANTI-RAPE LAW OF 1997), AND FOR OTHER PURPOSE.

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

SECTION 1. Declaration of Policy. — It is hereby declared the policy of
the State to protect and promote liberty, human dignity, moral and spiritual
values, discipline, moral character, and the sanctity of the family, all for the
general welfare which are essential for the enjoyment by all the people of the
blessings of democracy in a just and humane society. Likewise, it is the policy
of the State to extend with clarity, to serve the spirit of justice, equity and fair
play, the protection and efficacy of specific provisions of the Revised Penal
Code and other penal laws to the LGBTQI and other similar group(s) that may
hereafter exist.

SEC. 2. Art. 266-A of the Revised Penal Code is hereby amended to
read as follows:

Art. 266-A. Rape, When and How Committed. — Rape is
committed —
1, By a man who shall have carnal knowledge of a woman
whether the man and/or the woman referred to in this
Article are such by birth or a gay, lesbian, bisexual,


[2]

transgender, queer or intersex and/or regardless of their
sexual orientation, gender identity or gender expression
under any of the following circumstances:

a. xxx;
b. xxx;
Cc. Xxx}
d. xxx,

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, regardless of the
sexual orientation, gender identity or gender expression
of the offender or the victim.

SEC. 3. Art. 333 of the Revised Penal Code is hereby amended to read
as follows:

Art. 333. Who are guilty of Adultery. — Adultery is committed by
any married woman or a woman with a subsisting civil partnership
who shall have sexual intercourse with a man not her husband and by the
man who has carnal knowledge of her, knowing her to be married or
with a subsisting civil partnership, even if the marriage or civil
partnership be subsequently declared void, whether the woman, man
or husband referred to in this Article are female or male by birth or
a lesbian, gay, bisexual, transgender, queer or intersex, as the case
may be, and/or regardless of their sexual orientation, gender
identity or gender expression.

Civil partnership as used in this Article and in succeeding
Articles herein shall refer to a contract of a union between two (2)
persons of opposite or same sex who enter into a mutual agreement
to live together and perform rights and obligations as husband and
wife.

Adultery shall be punished by prision mayor in its medium and
maximum periods.

XXX,

SEC. 4. Art. 334 of the Revised Penal Code is hereby amended to read
as follows:

Art. 334, Concubinage. — Any husband who shall keep a mistress
in the conjugal dwelling, or, shall have sexual intercourse, under
scandalous or non-scandalous circumstances with a woman who is not
his wife or shall cohabit with her in any other place, shall be punished by


[3]

prision mayor in its minimum and medium periods, whether the
husband, mistress, woman, or wife referred to in this Article are
male or female by birth or a gay, lesbian, bisexual, transgender,
queer or intersex, as the case may be, and/or regardless of their
sexual orientation, gender identity or gender expression, and
whether the husband is married or with a subsisting civil
partnership as defined in Article 333 hereof.

The concubine shall suffer the penalty of prision correccional in
its minimum and medium periods.

SEC. 5. Art. 337 of the Revised Penal Code is hereby amended to read
as follows:

Art. 337. Qualified seduction. — The seduction of a virgin,
whether male or female, over twelve years and under eighteen years of
age, committed by any person in public authority, priest, home-servant,
domestic, guardian, teacher, or any person who, in any capacity, shall be
entrusted with the education or custody of the woman seduced, whether
the virgin seduced be a male or female by birth or a gay, lesbian,
bisexual, transgender, queer or intersex and/or regardless of his/her
sexual orientation, gender identity or gender expression, shall be
punished by prision mayor in its minimum and medium periods,

The penalty next higher in degree shall be imposed upon any
person who shall seduce his sister, brother or descendant whether such
sister or brother is a female or male by birth or a lesbian, gay,
bisexual, transgender, queer or intersex, and/or regardless of his/her
sexual orientation, gender identity or gender expression and whether
or not she/he be a virgin or over eighteen years of age.

XXX.

SEC. 6. Art. 338 of the Revised Penal Code is hereby amended to read
as follows:

Art. 338. Simple seduction. — The seduction of a man or woman
who is such by birth or a gay, lesbian, transgender, queer or
intersex, and/or regardless of his/her sexual orientation, gender
identity or gender expression, who is single or a widower or widow as
a consequence of marriage or civil partnership as defined in Article
333 hereof, of good reputation, over twelve but under eighteen years of
age, committed by means of deceit, shall be punished by prision
correccional in its minimum and medium periods.

SEC. 7. Art. 342 of the Revised Penal Code is hereby amended to read
as follows:
Art. 342. Forcible abduction. — The abduction of any man or
woman who is such by birth or a gay, lesbian, bisexual, transgender,


4]

queer or intersex, and/or regardless of his/her sexual orientation,
gender identity or gender expression, against his/her will and with
lewd designs shall be punished by reclusion temporal in its maximum
period.

The same penalty shall be imposed in every case, if the male or
female abducted be under twelve years of age.

SEC. 8. Art. 343 of the Revised Penal Code is hereby amended to read
as follows:

Art. 343. Consented abduction. — The abduction of a virgin,
whether male or female, over twelve and under eighteen years of age,
carried out with his/her consent, whether the virgin referred to in this
Article is male or female by birth or gay, lesbian, bisexual,
transgender, queer or intersex, as the case maybe, and/or regardless
of the victim’s sexual orientation, gender identity or gender
expression and with lewd designs, shall be punished by the penalty of
prision mayor in its minimum and medium periods.

SEC. 9. Art. 349 of the Revised Penal Code is hereby amended to read
as follows:

Art. 349. Bigamy. — The penalty of reclusion temporal in its
medium and maximum periods shall be imposed upon any person who
shall contract a second or subsequent marriage or civil partnership as
defined in Article 333 hereof before the former marriage or civil
partnership has been legally dissolved, or before the absent spouse or
civil partner has been declared presumptively dead by means of a
judgment rendered in the proper proceedings.

SEC. 10. Art. 350 of the Revised Penal Code is hereby amended to read
as follows:

Art. 350. — Marriage contracted against provisions of laws. - The
penalty of prision mayor in its medium and minimum periods shall be
imposed upon any person who, without being included in the provisions
of the next preceding article, shall contract marriage or civil
partnership as defined in Article 333 hereof knowing that the
requirements of the law have not been complied with or that the
marriage or civil partnership is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the
other by means of violence, intimidation, or fraud, he/she shall be
punished by the maximum period of the penalty provided in the next
preceding paragraph.

SEC. 11. Art. 351 of the Revised Penal Code is hereby amended to read
as follows:
Art. 351. Premature marriages. — Any widow, whether a female
by birth or a transgender, either by reason of marriage or civil


[page 5]

partnership as defined in Article 333 hereof, who shall marry within
three hundred and one day from the date of the death of her partner by
marriage or civil partnership or before having delivered if she shall
have been pregnant at the time of her partner’s death, shall be punished
by prision correccional in its minimum and medium periods and a
fine of not exceeding $0,000 pesos .

SEC. 12. Applicability of Other Laws. - The provisions of R.A. No.
7877 (otherwise known as the Anti-Sexual Harassment Act of 1995) and R.A.
No. 9262 (otherwise known as the Anti-Violence Against Women and Their
Children Act of 2004) shall apply whether the victim or the offender or both
are lesbians, gays, bisexuals, transgenders, queers or intersex and/or regardless
of their sexual orientation, gender identity or gender expression.

SEC. 13. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 14. — Repealing Clause. - All laws, executive orders, decrees and
other issuances that are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SEC. 15. — Effectivity. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in a newspaper of general circulation.

Approved,