Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1470

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CRIMINALIZING NECROPHILIA AND IMPOSING APPROPRIATE PENALTIES
THEREFOR, INCORPORATING FOR THIS PURPOSE ARTICLE 335-A INTO
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE

EXPLANATORY NOTE

Necrophilia is defined as the sexual attraction to corpses. The Diagnostic
and Statistical Manual of the American Psychiatric Association classifies it as a
type of a mental disorder usually accompanied by individual motivations such as
(1) desire to possess an unresisting and unrejecting partner; (2) reunions with a
romantic partner; (3) comfort or overcoming feelings of isolation; and (4) seeking
self-esteem by expressing power over a homicide victim. Throughout the world,
laws against this condition have been very variable. In the U.S, for example,
there is no federal legislation banning sex with a corpse. Some States even
have different categories of penal provisions which reprimand such a practice.

In the Philippines, forcible or violent violation of a woman's chastity under
any circumstance is a most detestable crime (See, People vs. Barbo, 56 SCRA
459, 467 citing Blackstone). Indeed, it is declared a heinous crime and
penalized, in qualified cases, with the penalty of death (Art. 335 of the Revised
Penal Code-as amended by R.A. 7659).

But a cursory review of our penal statutes reveals that sexual violation of
or sexual intercourse with a female corpse is presently beyond the pale of our


criminal justice system. At most, desecration of the dead in this regard merely
gives rise to liability for damages (Art. 309, New Civil Code).

Under existing provisions of the Revised Penal Code, only the defamation
to blacken the memory of one who is dead is criminalized (Art. 353, R.P.C. ie.
libel).

This Bill, therefore, seeks to include such an integral missing piece in our
present law by penalizing necrophiles or those who morbidly derive sexual
gratification by copulating with a corpse. With the incorporation of a new Article
imposing stiffer penalties on those who engage in such grisly and heinous act, it
is the fervent hope of the authors of this measure to put a stop to such vicious
bestiality, notoriously offensive and revolting to the feelings of the living as it
grossly desecrates the dead.

In light of these considerations, passage of this bill is earnestly
recommended.

DIOSDADO M. AL ARROYO orafititadnens iL ARROYO
Second District, Catnarines Sur econd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

14790

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CRIMINALIZING NECROPHILIA AND IMPOSING APPROPRIATE PENALTIES
THEREFOR, INCORPORATING FOR THIS PURPOSE ARTICLE 335-A INTO
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE

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

SECTION 1. There shall be incorporated after Article 335 of Act No. 3815,
as amended, otherwise known as "The Revised Penal Code" a new article which
shall read as follows:

"ART. 335-A. Necrophilia. Penalty. - NECROPHILIA IS COMMITTED
BY A PERSON WHO ENGAGES IN SEXUAL ACTS WITH A CORPSE.

FOR PURPOSES OF THIS ARTICLE, SEXUAL ACTS SHALL
MEAN ENGAGING IN SEXUAL INTERCOURSE, ANAL AND/OR ORAL
SEX.

PERSONS FOUND GUILTY OF NECROPHILIA SHALL SUFFER
THE PENALTY OF PRISION MAYOR TO RECLUSION TEMPORAL
AND A FINE OF ONE HUNDRED THOUSAND PESOS (P100,000.00)
TO FIVE HUNDRED THOUSAND PESOS (P500,000.00) AT THE
DISCRETION OF THE COURT.


WHENEVER THE CRIME OF NECROPHILIA IS COMMITTED BY
TWO OR MORE PERSONS, OR BY ANY PERSON IN WHOSE CARE
OR CUSTODY SUCH CORPSE IS FOUND, THE PENALTY SHALL BE
RECLUSION TEMPORAL."

SECTION 2. All laws, rules and regulations, decrees, issuances or any
parts thereof inconsistent with this Act, are hereby repealed, modified or
amended accordingly

SECTION 3. 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,

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