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SIXTEENTH CONGRESS ) fs a
REPUBLIC OF THE PHILIPPINES ) is vanes % 13%
First Regular Session DATE

HOUSE OF REPRESENTATIVES AS i

Introduced by Representative Rufus B. Rodriguez and -
Representative Maximo B. Rodriquez, .

House Bill No. 3829
EXPLANATORY NOTE

Under Executive Order No. 209 also known as the Family Code of the
Philippines, Articles 37 and 38, incestuous marriages are void ab initio for being
contrary to public policy.

Act No. 3815, as amended, also known as the Penal Code, Article 335 par. 7
No. 1 imposes previously the death penalty for rape 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.”

However, under the above-mentioned circumstances there is no law which
penalizes sexual relations between consenting parties eighteen (18) years of age and
above.

This bill criminalizes such sexual relations because they are contrary to public
morals and public policy. It also responds to reports of rising incest statistics among
families of overseas contract workers.

In view of the foregoing, immediate enactment of this bill is eamestly solicited.

RUFUS B. RODRIGUEZ

MAXIMO B. = JR.


SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No. 3329

AN ACT
PENALIZING INCEST

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

SECTION 1. Short Title. - This Act shall be known as the “Anti-incest Act.”

SEC 2. Coverage. - Incestuous sexual relations with consent are unlawful and
prohibited between the following parties who have knowledge of their relationship and
are eighteen (18) years of age and above:

a) between ascendants and descendants of any degree;

b) between brothers and sisters, whether of the full or half blood:

c) between collateral blood relatives, whether legitimate or illegitimate, up to the

fourth civil degree;

d) between step-parents and step-children;

) between parents-in-law and children-in-law:

f)_ between the adopting parent and the adopted child:

4) between the surviving spouse of the adopting parent and the adopted child:

h) between the surviving spouse of the adopted child and the adopter:

i) between an adopted child and a legitimate child of the adopter; and

j) between adopted children of the same adopter

SEC 3. Penalties. - The ascendant, elder brother or sister, elder blood relative, step-
parent, parent-in-law, adopting parent, or surviving spouse of the adopting parent
convicted under Section 2 shall be punished by prision correctional in its minimum and
maximum periods.

The descendant, younger brother or sister, younger blood relative, step-child, son
or daughter-in-law, the adopted, or the surviving spouse of the adopted shalll be
punished two degrees lower if he or she is between the ages of eighteen (18) and
twenty five (25) at the time of the sexual relations.

The maximum penalty provided in the above paragraph shall be imposed when the
incestuous sexual relations occur while the spouse of the ascendant, step-parent,
parent-in-law, adopting parent, or the adopted is employed in another city, municipality
or province, within a radius of at least one hundred fifty (150) kilometers from his or her
habitual residence or is employed abroad.

SEC 4. Separability Clause. - If any provision, or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC 5. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or


inconsistent with, the provisions of this Act is hereby repealed, modified or amended
accordingly.

SEC 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,