FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
Introduced by Sen. Juan Ponce Enrile 
EXPLANATORY NOTE 
A study conducted in 2001' yielded that a total of 1,542 cases of rape involving minors 
were reported in the National Capital Region alone and this number is 8 times the number of 
reported cases published by the National Statistics and Census Board, with the Philippine 
National Police as the only source. 
Significantly, among these, 252 cases involved those who were 7 years old and below; 
260 cases involved children who were between 8 to 12 years old; and 697 cases (46.2% of the 
total cases documented by the said study) involved minors who were between 13 to 17 years old. 
These statistics indeed raises serious concern considering the fact the United Nations 
Committee on the Rights of the Child has noted that statutory rape and sexual exploitation 
continue to be a major threat to the over-all security and well-being of Filipino children. Despite 
the enactment of laws protecting the basic rights and promoting the welfare of the Filipino 
children, many of them, particularly those who belong to the socially disadvantaged groups, 
including suspected child prostitutes, street children, drug addicts and the poor, continue to suffer 
from sexual abuse which demean their being and bring about humiliation and disgrace. More 
often than not, the perpetuators of these crimes remain at large and scot-free. 
In order to correct this situation, this bill seeks to amend certain sections of the Revised 
Penal Code to raise the age of statutory rape from the current level to an internationally 
acceptable age level, not only so the Philippines can adhere to its commitment to international 
conventions to protect the child from all forms of sexual exploitation and sexual abuse. By 
raising the age of statutory rape from twelve (12) years old to sixteen (16) years old, we are 
essentially strengthening our resolve to protect a larger number of our minors from abusive and 
cruel members of our society and, at the same time, provide our youth and children the right 
environment where they can grow up as productive and helpful citizens of our country. 
In view of the foregoing, the immediate passage of the bill is earnestly sought. 
Analysis of Rape Cases Committed Against Children and Women in the National Capital Region (NCR), 
Philippines by Winecito L. Tan (Department of Social Welfare and Development; United Nations 
Children's Fund) 
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FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
.U. I.". - 
Introduced 6y Sen. Juan Ponce Enrile 
AN ACT 
MODIFYING THE DEFINITION OF THE CRIME OF RAPE INVOLVING MINOR 
CHILDREN AND RATIONALIZING THE PENALTIES THEREFOR, AMENDING 
FOR THE PURPOSE CERTAIN SECTIONS OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as "The Anti-Child Exploitation Law of 
2008." 
SEC. 2. Chapter Three, Title Eight, Article 266-A and Article 266-B of Act No. 3815 of the 
Revised Penal Code, as amended, are hereby amended to read as follows: 
Chapter Three 
RAPE 
ART. 266-A. Rape, When and how Committed. -- Rape is committed - 
1. By a man who shall have carnal knowledge of a woman under any of the 
following circumstances: 
a. Through force, threat or intimidation; 
b. When the offended party is deprived of reason or is otherwise 
unconscious; 
c. By means of fraudulent machination or grave abuse of authority; and 
d. When the offended party is under [twelve (12)] SIXTEEN (16) years 
of age or is demented, even though none of the circumstances 
mentioned above be present. 
NO RAPE IS COMMITTED IF THE MAN WHO SHALL HAVE 
CARNAL KNOWLEDGE OF A WOMAN UNDER SIXTEEN (16) 
YEARS OF AGE IS HIMSELF BELOW EIGHTEEN (18) YEARS OF 


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AGE, 
UNLESS ANY 
OF 
THE 
OTHER CIRCUMSTANCES 
MENTIONED ABOVE IS PRESENT. 
NO RAPE IS COMMITTED IF THE MAN IS A MUSLIM WHO 
SHALL HAVE CARNAL KNOWLEDGE OF A MUSLIM WOMAN 
WITH WHOM HE HAS CONTRACTED A VALID MARRIAGE 
UNDER THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1083. 
2. By any person who, under any of the circumstances mentioned in 
paragraph 1 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. 
ART. 266-B. Penalties. -- Rape under paragraph 1 of the next preceding article 
shall be punished by reclusion perpetua. 
Whenever the rape is committed with the use of a deadly weapon or by 
two or more persons, the penalty shall be reclusionperpetua to death. 
When by reason or on the occasion of the rape, the victim has become 
insane, the penalty shall become reclusionperpetua to death. 
When the rape is attempted and a homicide is committed by reason or on 
the occasion thereof, the penalty shall be reclusion perpetua to death. 
When by reason or on the occasion of the rape, homicide is committed, the 
penalty shall be death. 
The death penalty 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 o f  the police or military authorities or 
any law enforcement or penal institution; 
3. 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 religions 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)] TWELVE (12) years old; 
6. When the offender knows that he is afflicted with the Human Immuno- 
Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or 


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any other sexually transmissible disease and the virus of 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 rape, the victim has suffered 
permanent physical mutilation or disability; 
9. When the offender knew 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. 
Rape, under paragraph 2 of the next preceding article shall be punished by 
prision mayor. 
Whenever rape is committed with the use of a deadly weapon or by two or 
more persons, the penalty shall beprision mayor to reclusion temporal. 
When by reason or on the occasion of the rape, the victim has become 
insane, the penalty shall be reclusionperpetua to death. 
When the rape is attempted and a homicide is committed by reason or on 
the occasion thereof, the penalty shall be reclusion temporal to reclusion 
perpetua. 
When by reason or on the occasion of the rape, homicide is committed, the 
penalty shall be reclusion perpetua. 
Reclusion temporal shall be imposed if the rape is committed by any of 
the ten aggravating/qualifying circumstances mentioned in this article. 
SEC. 3. Chapter Three, Title Eleven, Article 337 and Article 338 of Act No. 3815, as amended, 
are hereby amended to read as follows: 
Chapter Three 
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE 
ART. 337. Qualijied Seduction. - The seduction of a FEMALE PERSON WHO 
IS A virgin over [twelve] SIXTEEN (16) 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, shall be punished by [prision 
correcciorzal] PRISION MYOR in its minimum and medium periods. 


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The penalty next higher in degree shall be imposed upon any person who 
shall seduce his sister or descendant whether or not she be a virgin or over 
eighteen years of age. 
Under the provisions of this chapter, seduction is committed when the 
offender has carnal knowledge of any of the persons and under the circumstances 
described herein. 
ART. 338. Simple Seduction. -- The seduction of a female person [woman] who 
is single or a widow of good reputation, [over twelve (12)] AT LEAST SIXTEEN 
(16) but under eighteen years of age, committed by means of deceit, shall be 
punished by [arresto mayor] PRlSlON CORRECCIONAL. 
SEC. 4. Separability Clause. - If any part or provision of this Act is declared invalid or 
unconstitutional, the other parts thereof not affected thereby shall remain valid. 
SEC. 5. Repealing Clause. -Articles 226-A, 266-B, 337 and 338 of Act No. 3815, as amended, 
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. 
SEC. 6. 
ESfectivity. - This Act shall take effect fifteen (15) days after completion of its 
publication in two (2) newspapers of general circulation. 
Approved