THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
6 
JUN -7 
P/i 3 1  
SENATE 
S. No. 
2364 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
Under our constitutional hierarchy of values, the sanctity of the 
family as a basic autonomous social institution and foundation of our 
nation is accorded highest recognition (Article II, Section 12 of the 1987 
Constitution). Towards this end, the State is mandated to strengthen its 
solidarity and actively promote its total development (Article XV, Section 
I, 
supra), promote and ,protect the physical, moral, spiritual, intellectual 
and social well-being of the youth (Article 11, Section 13, supra), and 
defend the right of children to assistance, including proper care and 
nutrition, and special protection from all forms of neglect, abuse, cruelty, 
exploitation and other conditions prejudicial to their development (Article 
XV, Section 3, supra). 
In view of the foregoing, the attached bill seeks to promote further 
the well-being of the children by penalizing mothers who, in incestuous 
rapes, refrain from proceeding against the father-rapists or tolerate the 
commission of the same. 
Accordingly, the 
urgent passage of the 
bill is hereby 
recommended. 
J 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT STRENTHENING FURTHER THE RIGHT 
OF DAUGHTERS AGAINST INCESTUOUS RAPE 
BY PENALIZING MOTHERS WHO REFRAIN 
OR TOLERATE ITS COMMISSION 
FROM PROCEEDING AGAINST THE FATHER-RAPISTS 
I- 
Behenacted by the Senate and House of Represenfafives of the 
Section 1. Notwithstanding any law to the contrary and without 
prejudice to the provisions of Article 344 of Act No. 3815, as amended, 
otherwise known as the Revised Penal Code and Section 27 of Republic 
Act 7610 and Republic Act 8353, any mother who, in an incestuous rape, 
refrains from instituting prosecution for the punishment of the offender or 
who tolerates the commission of the same, shall suffer the penalty of 
twenty (20) to forty (40) years of imprisonment and a fine ranging from 
twenty thousand pesos (P20,OOO.OO) 
to forty thousand pesos 
(P40,OOO.OO) 
and shall be perpetually deprived of parental authority. For 
purposes of this Act, incestuous rape is a crime committed under Article 
266-B of the Revised Penal Code, as amended by R.A. 8353 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. 
Philippines in congress assembled: 
Section 2. The term "mother" under this Act includes natural or 
legal mother, stepmother, common-law mother or any female person in 
whose legal or physical custody the victim is found at the time of the 
commission of the incestuous rape. 
Section 3. Any law, decree, order, rule or regulation or part thereof 
which is inconsistent with this Act is hereby repealed or modified 
accordingly. 
Section 4. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation, whichever comes earlier. 
Approved,