THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
) 
12 
S E N A T E  
S.B. NO. 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
Under Executive Order No. 209 also known as the Family Code of the 
Philippines, Article 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 the death penalty for rape when “the victim is under eighteen (1 8) years of age 
and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or 
affrnity 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 
It also responds to reports of rising incest statistics among 
morals and public policy. 
families of overseas contract workers. 
In view of the foregoing, immediate enactment of this bill is earnestly solicited. 
LUISA “LOI” P. BJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
) 
S E N A T E  
$1 
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Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
ANTI-INCEST ACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Seq. 1. Short Title. - This Act shall be known as the “Anti-Incest Act.” 
Sec. 2. 
Coverage. - Incestuous sexual relations with consent are prohibited 
between the following parties who have knowledge of their relationship and are eighteen 
(1 8) years of age and above: 
between ascendants and descendants of any degree; 
between brothers and sisters, whether of the full or half blood; 
between collateral blood relatives, whether legitimate or illegitimate, up to 
the fourth civil degree; 
between step-parents and step-children; 
between parents-in-law and children-in-law; 
between the adopting parent and the adopted child; 
between the surviving spouse of the adopting parent and the adopted child; 
between the surviving spouse of the adopted child and the adopter; 
between an adopted child and a legitimate child of the adopter; and 
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 byprision correctional in its minimum and 
maximum periods. 


c 
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 shall 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 as 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, with a radius of at least one hundred fifty (150) kilometers from his or her 
habitual residence or is employed abroad. 
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Sec. 4. Separabilitv Clause. - If any provision, or part ..ereof is hell 
or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
Sec. 5. Repealine 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. Effectivitv Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,