Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

House BillNo. __ 681

Introduced by Honorable Maria Isabelle G. Climaco

EXPLANATORY NOTE

One of the pressing social issues our country faces today is the sexual exploitation of
children, including child prostitution. Because of their mental, physical and emotional
immaturity, children are most especially vulnerable to exploitation, abuse and coercion.
Underlying social malaise, such as poverty, only serve to exacerbate the situation that
lead to the sexual exploitation of children.

Article 34 of the Convention of the Rights of the Child provides that:

“State Parties undertake to protect the child from all forms of sexual exploitation and
sexual abuse. For these purposes, States Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent:

(@) The inducement of coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(©) The exploitative use of children in pomographic performances and materials.”

A child, under the Convention, is defined as “every human being below the age of
eighteen years”,

Under the constitutional law doctrine of parens patriae, the State must afford special
protection to children from abuse, exploitation and other conditions prejudicial to their
development. It is mandated to provide protection to those of tender years.

In order to afford ample protection to our children from predators who wish to take
advantage of their vulnerability innocence, and effectively battle the sexual exploitation
of our children, there is an urgent need to adjust the minimum age of sexual consent and
align the same with the internationally-acceptable level.


In view of the foregoing, there is a pressing and immediate need to amend Article 266-A.
of the Revised Penal Code (Act No. 3815) defining the crime of Rape, in order to raise
the age of statutory rape from the present twelve (12) years old to sixteen (16) years old,
in order to align our laws with the internationally-accepted standard age of consent, as
well as the imposable penalties to levels commensurate with the crime committed as
provided in Article 266-B for child victims.

‘The support of my colleagues to this bill will send a strong message to our people and to

‘the International Community, that we will not sit idly while the sexual sexploitation of
our children continue unabatedly.

wae ace G. CLIMACO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

House Bio. __ 68 4

Introduced by Honorable Maria Isabelle G. Climaco

AN ACT
MODIFYING THE DEFINITION OF THE CRIME OF RAPE INVOLVING
MINOR CHILDREN AND RATIONALIZING THE PENALTIES THEREFOR,
AMENDING FOR THE PURPOSE 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
assembled:

Section 1. Short Title. — This Act shall be known as “The Anti-Child Exploitation
Law of 2010.”

Section 2. The age of the offended female person in the crime of statutory rape
provided under Article 266-A paragraph 1(d) of Act No. 3815, as amended, otherwise
known as the Revised Penal Code, shall be accordingly modified and increased and the
penalties to be imposed on the offender shall be rationalized depending on the actual age
of the offended party/rape victim. Accordingly, Chapter Three, Title Eight, Article 266-A
of the said Code as hereby amended shall read as follows:

“Chapter Three
“Rape

“Article 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 otherwise unconscious;

“c) By means of fraudulent machination or grave abuse of authority; and
“d) When the offended party is under sixteen (16) [twelve (12)] years of age or is
demented, even though none of the circumstances mentioned above be present.

No_rape is commi ec kn with a
ler sixteen (16) years of age is of age, unless
rr ment above is. it.
Ne is committed if the man is a Muslit sl iv yw with
Muslim woman with whom he contracted a_vali ler_the

provisions of Presidential Decree 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.

“Article 266-B. Penalty. — 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 reclusion perpetua to death.

“When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua 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 under the custody of 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 consanguinit

“4) When the victim is a religious 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 twelve (12) [seven (7)] years old;

“6) When the offender knows that he is afflicted with the Human Immuno-
Deficiency Virus (HIV/Acquired Immune Deficiency Syndrome (AIDS) or any
other sexually transmissible disease and the virus or 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 the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prision mayor to reclusion temporal.

“When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.

“When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.

“When the rape is attempted and a homicide is committed by reason or on the occasion
therefore, the penalty shail 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.


“Rechusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article.

Section 3. To ensure harmony with the foregoing amendments, Chapter Three,
Title Eleven, Articles 337 and 338 of Act 3815, as amended, are hereby amended to read
as follows:

“Chapter Three
“Seduction, Corruption of Minors, and White Slave Trade

“Article 337. Qualified Seduction. — The seduction of a female person of at least sixteen
(16) but (virgin over twelve 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 mayor (prision correctional) in its
minimum and medium periods.

The Penalty next higher in degree shall be imposed upon any person who shall seduce his
sister or descendant (whether or not she is 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.

Article 338. Simple Seduction. — The seduction of a female person (woman who is single
or a widow of good reputation), at least sixteen (16) (over twelve) but under eighteen
years of age, committed by means of deceit, shall be punished by prision correctional
(arresto mayor).”

Section 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.

Section 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.

Section 6. Effectivity. — This Act shall take effect fifteen (15) days after
completion of its publication in two (2) newspapers of general circulation.

Approved: