NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHIQPPINES 
First Regular Session
SE 
S. No
^eiiaie
•22 JUL13 P4 35
RFCPIVED BY
Introduced by Senator Grace Poe
AN ACT
REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF 
RAPE, AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, 
AND REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN 
AS THE REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The crime of rape is one of the oldest offenses in history. The earliest 
reference to the crime of rape is in the Code of Hammurabi - a Babylonian legal 
code dated to the earlier part of the 17th Century B.C. Rape was also recognized as 
a crime in ancient Egypt, while references to sexual assault can be found in ancient 
Greece, Rome, early Hebrew law (as recorded In the Pentateuch), and early English 
common law.
But while rape has always been recognized as a crime, the specific way in 
which It is defined as an offense has developed over time. For example, the Code of 
Hammurabi treats rape as a crime against property. But more importantly, rape as a 
crime against property is also found In English common law - the source of the 
traditional definition of "carnal knowledge" of a woman through force. Under this 
definition:
"A woman's reproductive capacity/ in the form of her chastity, was considered 
property and was essential to establishing patnarcha! inheritance rights. A 
woman's sexuality was owned by her father and transferred to the man who 
became her husband. Rape laws protected the economic interests of men. 
Therefore, rape was originally considered the theft of this property. The 
bodily integrity of the woman was irrelevant."
Unfortunately, this archaic definition was adopted in numerous criminal 
statutes, including our own Revised Penal Code. Originally, rape- defined as when a 
"carnal knowledge" of a woman through force- was classified as a crime against 
chastity and not against persons. The concept of rape as a crime against chastity 
has persisted in decisions of the Supreme Court.


Fortunately, countervailing social forces have caused courts and legislatures 
to review these archaic concepts and to redefine rape as a crime centered on the 
lack of consent. In the U.S. setting, this movement was led by academics such as 
Susan Brownmiller, Andrea Dworkin, Catherine MacKinnon, Sharon Marcus, and 
Susan Estrich.
As a result, U.S. states have revised their definitions of rape. However, the 
degree of adoption or the consent-centered definition of rape has varied across 
states. A 2011 study found that U.S. state laws on rape could be classified into 
three:
1. "True consent non-consent states" wherein the state can convict a defendant 
of at least one sex offense by showing that the victim did not consent to the 
sexual act;
2. "Contradictory non-consent states" wherein the prosecution is required to 
show "forcible compulsion" or "incapacity to consent"; and
3. "Force states" wherein the definition of rape is focused force only.
In the Philippine context, the first efforts to amend the definition of rape were 
triggered by our ratification of the United Nations Convention on the Elimination of 
all Forms of Discrimination Against Women (UN-CEDAW). The first bill seeking to 
amend the definition of rape was filed in the 8th Congress by Rep. Raul Roco.
However, serious lobbying for the passage of the bill started in the 9th Congress 
through the initiative of the Sama-samang Inisyatiba ng Kababaihan sa Pagbabago 
ng Batas ng Lipunan (SIBOL), a coalition of eleven (11) women's groups who 
pushed for a women's legislative agenda. These efforts culminated in the 10th 
Congress with the enactment of Republic Act No. 8353, otherwise known as "The 
Anti-Rape Law of 1997". R.A. No. 8353 introduced the following substantial 
amendments to the definition of Rape:
1. It reclassified rape as a crime against persons and removed it from the ambit 
of crimes against chastity.
2. It added a separate offense of rape by sexual assault. Notably, the crime of 
rape as sexual assault is genderless and includes the insertion of objects or 
instruments in the mouth or anal orifice as one of Its elements.
But while the enactment of the Anti-Rape Law of 1997 was a landmark 
achievement. It bears several provisions which are discriminatory towards women. 
This may be due to legislative compromises which were necessary for its passage 
but detrimental to its intent. The bill which was reported out of the House 
Committee was not the version which was preferred by women's issue advocates. 
Some criticized aspects of the current law include:
1. The concept of consent Is not found.
2. The setting of the minimum age of sexual consent at 12 years old.
3. Retention of the provision on marital pardon, which provides that subsequent 
valid marriage between the (offender and the) offended party shall extinguish


4.
5.
the criminal action of rape or the penalty Imposed. Furthermore, in case it is 
the legal husband who Is the offender, the subsequent forgiveness by the 
wife as the offended party shall extinguish the criminal action or the penalty. 
The absence of resistance can be considered a requirement in proving a case 
of rape before the courts.
The idea that only penile penetration of the vagina is considered as "carnal 
knowledge", with offenses related to the Insertion of a finger or an object into 
the oral or anal orifice being classified as mere "sexual assault, as well as the 
differing penalties attributed for each offense. In fact, the Supreme Court has 
openly called upon the Senate President and the Speaker of the House of 
Representatives to "revisit the archaic definition given to carnal knowledge".
The present measure addresses these concerns through the following proposed 
amendments:
1. The distinction between rape and sexual assault shall be deleted. Rape shall 
now be defined under a single offense.
2. On the issue of whether force, resistance, or consent shall be the determining 
factor in a case of rape, we have opted to adopt a differentiated approach. 
This means that the acts under the first paragraph can be can be considered 
rape if any or all of these factors (lack of consent, force, resistance) are 
present.
We have included a simple definition of consent as "words or overt actions by 
a person which are freely given and demonstrate willingness to participate in 
sexual activity."
We have included withdrawal of consent during sexual activity as one of the 
circumstances v/herein rape can occur. This Is to address the bias against 
victims of rape who withdrew their consent in the middle of sexual activity 
which they previously consented to.
We have raised the age of sexual consent to 16 years of age.
The act of rape will now be penalized by a single offense- reclusion perpetua. 
The following acts shall neither mitigate nor expunge the penalty Imposed 
against rape:
A. When the offender is the legal husband of the victim;
B. When the offender and the offended party have previously had a 
relationship or engaged in prior sexual activity;
C. When the offended party did not manifest resistance against the act 
through verbal or physical action; and
D. When the spermatozoa from the offender are not found in the 
offended paity's orifice during forensic examination
8. Finally, we have repealeo the provision on marital forgiveness.
3.
4.
5.
6. 
7.
sought.
In view of the foregoing, immediately approval of this measure is eagerly
GRACE POE


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Ot tijf ^fCVCtiir,^
■22 M. 13 P4 35
SEN
Introduced by Senator Grace Poe
AN ACT
REVISING AND STRENGTHENING THE DEFINmON OF THE CRIME OF 
RAPE/ AMENDING FOR THE PURPOSE ARTICLES 266-A/ 266-B AND 266- 
D/ AND REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE 
KNOWN AS THE REVISED PENAL CODE, AS AMENDED, AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1.- Article 266-A of Act No. 3815, otherwise known as the Revised
2 
Penal Code, as amended, is hereby further amended as follows:
3 
"Art. 266-A. Rape, When and How Committed. - Rape is committed [:] BY A
4 
PERSON WHO SHALL INSERT, OR CAUSE THF INSERTION OF THEIR
5 
PENIS, TONGUE, FINGER, OR ANY OBJECT OR INSTRUMENT INTO 
e ANOTHER PERSON'S INNER OR OUTER LABIA, ANAL ORIFICE, OR MOUTH
7 
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
8 
a) WHEN THE OFFENDED PARTY DID NOT INDICATE FULL AND
9 
EFFECTIVE CONSENT BEFORE OR CURING THE SEXUAL ACT;
10 
b) WHEN THE OFFENDED PARTY WITHDRAWS FULL AND EFFECTIVE
11 
CONSENT;
12 
c) WHEN THE OFFENDED PARTY IS INCAPABLE OF INDICATING FULL
13 
AND EFFECTT/E CONSENT DUE TO BEING DEPRIVED OF REASON OR
14 
OTHERWISE UNCONSaOUS;
15 
d) WHEN THE CONSENT WAS OBTAINED BY THE OFFENDER THROUGH
16 
THE USE OF VIOLENCE, 
FORCE, THREAT, 
INTIMIDATION/
17 
DECEPTION, OR ABUSE OF AUTHORITY OR MORAL ASCENDANCY;


1 
e) WHEN THE OFFENDED PARTY, THROUGH OVERT VERBAL OR
2 
PHYSICAL ACTS, MANIIFESTS RESISTANCE TO THE SEXUAL ACT; OR
3 
f) WHEN THE OFFENDED PARTY IS UNDER SIXTEEN (16) YEARS OF
4 
AGE OR IS INCAPABLE OF GIVING FULL AND EFFECTIVE CONSENT
5 
BY REASON OF PHYSICAL, MENTAL, OR PSYCHOLOGICAL
6 
DISABILITY, EVEN THOUGH NONE OF THE CIRCUMSTANCES
7 
MENTIONED ABOVE ARE PRESENT: PROVIDED, THAT THERE SHALL
8 
BE NO CRIMINAL LIABILITY ON THE PART OF THE PERPETRATOR IF
9 
THE VICTIM IS SIXTEEN (16) YEARS OF AGE AND BELOW; THE AGE
10 
DIFFERENCE BETWEEN THE VICTIM AND THE PERPETRATOR IS NOT
11 
MORE THAN THREE (3) YEARS; AND THE SEXUAL ACT IN QUESTION
12 
IS PROVEN TO BE CONSENSUAL: PROVIDED, FURTHER, THAT IF THE
13 
VICTIM IS THIRTEEN (13) YEARS OF AGE OR BELOW, THIS
14 
EXCEPTION SHALL NOT APPLY.
15 
FOR THE PURPOSE OF THIS ACT, "FULL AND EFFECTIVE CONSENT"
16 
SHALL REFER TO WORDS OR OVERT ACTIONS BY A PERSON WHICH ARE
17 
FREELY GIVEN AND DEMONSTRATE WILLINGNESS TO PARTICIPATE IN
18 
SEXUAL ACTIVITY."
19 
[1) By a man who shall have carnal knowledge of a woman under any of the
20 
following circumstances:
21 
a) Through force, threat, or intimidation;
22 
b) When the offended party is deprived of reason or otherwise unconscious;
23 
c) By means of fraudulent machination or grave abuse of authority; arid
24 
d) When the offended party is under twelve (12) years of age or is demented,
25 
even though none of the circumstances mentioned above be present.
26 
2) By any person who, under any of the circumstances mentioned in
27 
paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into
28 
another person's mouth or anal orifice, or any instrument or object, into the genital
29 
or anal orifice of another person.]
30 
Sec. 2. Article 266-B of the Revised Penal Code, as amended, hereby
31 
amended to read as follows:


1 
'ARTICLE 266-B. PENALTY. - ANY PERSON WHO COMMITS THE
2 
CRIME OF RAPE SHALL BE PUNISHED BY RECLUSION PERPETUAL
3 
[Rape under paragraph 1 of the next preceding article shall be punished by
4 
reclusion perpetua.
5 
Whenever the rape is committed with the use of a deadly weapon or by two
6 
or more persons, the penalty shall be reclusion perpetua to death.
7 
When by reason or on the occasion of the rape, the victim has become
8 
insane, the penalty shall become reclusion perpetua to death.
9 
When the rape is attempted and a homicide is committed by reason or on the
10 
occasion thereof, the penalty shall be reclusion perpetua to death.
11 
When by reason or on the occasion of the rape, homicide is committed, the
12 
penalty shall be death.
13 
The death penalty shall also be imposed if the crime of rape is committed
14 
with any of the following aggravating/qualifying circumstances:
15 
1) When the victim is under eighteen (18) years of age and the offender is a
16 
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity
17 
within the third civil degree, or the common-law spouse of the parent of the
18 
victim;
19 
2) When the victim is under the custody of the police or military authorities or
20 
any law enforcement or penal institution;
21 
3) When the rape is committed in full view of the spouse, parent, any of the
22 
children or other relatives within the third civil degree of consanguinity;
23 
4) When the victim is a religious engaged in legitimate religious vocation or
24 
calling and Is personally known to be such by the offender before or at the
25 
time of the commission of the crime;
26 
5) When the victim is a child below seven (7) years old;
27 
6) When the offender knows that he is afflicted with the Human Immuno-
28 
Deficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or any
29 
other sexually transmissible disease and the virus or disease is transmitted to
30 
the victim;
31 
7) When committed by any member of the Armed Forces of the Philippines or
32 
para-military units thereof or the Philippine National Police or any law


1 
enforcement agency or penal institution, when the offender took advantage
2 
of his position to facilitate the commission of the crime;
3 
8) When by reason or on the occasion of the rape, the victim has suffered
4 
permanent physical mutilation or disability;
5 
9) When the offender knew of the pregnancy of the offended party at the time
6 
of the commission of the crime; and
7 
10)When the offender knew of the mental disability, emotional disorder and/or
8 
physical handicap of the offended party at the time of the commission of the
9 
crime.
10 
Rape under paragraph 2 of the next preceding article shall be punished by
11 
prision mayor.
12 
Whenever the rape is committed with the use of a deadly weapon or by two
13 
or more persons, the penalty shall be prision mayorto rL:clusion temporal.
14 
When by reason or on the occasion of the rape, the victim has become
15 
insane, the penalty shall be reclusion temporal.
16 
When the rape Is attempted and a homicide is committed by reason or on the
17 
occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
18 
When by reason or on the occasion of the rape, homicide is committed, the
19 
penalty shall be reclusion perpetua.
20 
Reclusion temporal shall be imposed If the rape is committed with any of the
21 
ten aggravating/ qualifying circumstances mentioned In this article.]
22 
Sec. 3. Article 266-D of the Revised Penal Code is hereby further amended to
23 
read as follows:
24 
"Article 266-D. [Presumptions] CIRCUMSTANCES NOT ACCEPTED. - THE
25 
FOLLOWING CIRCUMSTANCES SHALL NEITHER BE CONSIDERED AS
26 
MITIGATING CIRCUMSTANCES NOR EXEMPT THE OFFENDER FROM
27 
CRIMINAL ACT:
28 
1. WHEN THE OFFENDER IS THE LEGAL HUSBAND OF THE VICTIM;
29 
2. WHEN THE OFFENDER AND THE OFFENDED PARTY HAVE
30 
PREVIOUSLY HAD A RELATIONSHIP OR ENGAGED IN PRIOR SEXUAL
31 
ACTIVITY;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
3. WHEN THE OFFENDED PARTY DID NOT MANIFEST RESISTANCE 
AGAINST THE ACT THROUGH VERBAL OR PHYSICAL ACTION; AND
4. WHEN THE SPERMATOZOA FROM THE OFFENDER ARE NOT FOUND 
IN THE OFFENDED PARTY'S ORIFICE DURING FORENSIC 
EXAMINATION."
[Any physical overt act manifesting resistance against the act of rape in any 
degree from the offended party, or where the offended party is so situated as to 
render her/him incapable of giving valid consent, may be accepted as evidence in 
the prosecution of the acts punished under Article 266-A."]
Sec. 4. Separability Clause. - If any part, section or provision of this Act is 
held Invalid or unconstitutional, other provisions not affected thereby shall remain In 
full force and effect.
Sec. 5. Repealing Clause. - Article 266-C of the Revised Penal Code is hereby 
repealed in its entirety. All other laws, decrees, orders, issuances and rules and 
regulations or parts thereof Inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,