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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

218

House Bill No.

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

AN ACT
PROVIDING FOR STRONGER PROTECTION AGAINST RAPE, AND OTHER
FORMS OF SEXUAL ABUSE AND EXPLOITATION, AMENDING CHAPTER 3 OF
REPUBLIC ACT 8353, ALSO KNOWN AS THE ANTI-RAPE LAW OF 1997, AND
REPUBLIC ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
“REVISED PENAL CODE”

EXPLANATORY NOTE

Rape is indisputably one of the most horrendous and heinous crimes committed
against a person, causing lasting and immeasurable anguish to vietim-survivors that extends
even to their kith and kin, Its proliferation stems from the perpetuation of rape culture that
emerged out of and is continuously shaped and maintained by feudal-patriarchal relations that
have long been subjugating women, people of diverse SOGIESC, and the vast population of
victim-survivors, including male sufferers of sexual violence.

Rape culture is reinforced by a set of shared beliefs, values, and practices normalizing
and justifying rape such as victim-blaming, slut-shaming, sexual objectification, trivialization
of rape, and the propagation of rape myths including but not limited to the thinking that
“unchaste women ask to be raped,” “victim-survivors lie about being raped,” or “husbands
cannot rape their wives.”?

Particularly in the Philippines, despite the notable developments in terms of
legislating against rape and sexual violence, thousands of cases of sexual abuse and violence
are still being reported annually in the country.’ Recent data from the PNP Crime Incident

‘Rape culture is broadly defined by the social sciences as a kind of culture lacking social constraints to
discourage sexual violence and aggression andlor containing social arrangements that deliberately encourages
‘and supports sexual violence and agression, thus creating a social environment that is conducive for the
Commission of rape. https:/ www sciencedirect.comfopics/social-sciences/rape culture.

” https: www law.georgetown edulgender-joumaliwp-content/uploads/sites/20/2021/08Rowarcs-a-legal-
reform.paf


Reporting and Analysis System suggests that there were a total of 12,046 recorded cases of
violence against women in January to November 2024 alone, with 1,428 of which being
violations of the R.A. 8353 otherwise known as the Anti-Rape Law. These figures, however,
are incomplete and inconclusive. According to the Center for Women's Resources, rape and
other forms of violence against women are largely underreported in the country, where only 1
out of 10 cases are successfully reported and documented. This phenomenon, the Center
added, is attributable to the prevailing culture of silence, victim-blaming, and victim-shaming
in the Philippines, as accompanied by the lack of proper protection mechanisms for victim-
survivors.

Apart from the overwhelming cases of violence perpetrated against women in the
country, the members of the LGBTQIA+ community are also at the receiving end of rape and
sexual violence that are further exacerbated by the hate crimes perpetrated against the
community. Meanwhile, male victims, especially young boys, are not exempted to the
injustices that are rape and sexual violence. But due to the limitations in the current
conceptual and legal frameworks with women-centric definitions of rape, the experiences of
LGBTQIA+ and male victim-survivors are often invisibilized and underrepresented.

Additionally, cases of rape become exceptionally appalling when committed by
public or moral authorities who willfully use their authority, resources, and facilities to
commit such a crime, most of the time with the knowledge or help of the heads of the public
office or institution to which they belong. What binds the cases of rape and sexual violence
experienced by the many faces of victims across all genders and sexualities, in general, is the
common discontent and distrust towards authority figures and law enforcers who, one way or
another, inflict additional layer of stigma, discrimination, disenfranchisement, neglect, and
harassment to victim-survivors, all contributing to the larger culture of silence and the
resulting impunity and injustice.

The glaring gaps in the legal remedies and protections covering rape and sexual
violence supposedly paving the way for the victim-survivors” path to justice are indicative of
the deep-seated gender stereotypes and biases that have long permeated the key provisions of
existing anti-rape and anti-sexual abuse and exploitation legislation.

While the Anti-Rape Law of 1997, which reclassified rape from a crime against
chastity to that a crime against persons, did away with the case law requirement of tenacious
resistance, courts still have differing interpretations as to resistance. Failure of the law to
define rape with the absence of consent as its central element ofientimes resulted in the ruling

“The following data and trends on rape cases and gender-based violence in the Philippines were documented by
the Center for Women's Resources (CWR) throughout the years:
© The number of reported cases of rape increased from 5,132 in 2010 to 8,383 in 2017 (83% increase).
This means that 1 woman or child was raped every 53 minutes, Furtharmore, 7 out of 10 of those rape
victims were children.
© Bout of 10 cases of sexual abuse were committed by the victim's husband or partner.
© From June 2010 to November 2015, there were 10 reported cases of military rape where the usual
victims were children and indigenous women (Karapatan, 2016).
+ From July 2016 to October 2018, there were 96 policemen involved in abuse against women.
© Of several thousands of rape cases, only 7,416 accused were in jail as of December 2012. A fewer
number of these cases reached conviction


of some judges that victims had consented to the sexual intrusion due to inability to establish
any indication of resistance. When the law requires force, threat, or intimidation before
considering an act as rape, it confers undue and unjust burden to the victim by seeking
specific reaction and proof from them so as to affirm that a rape had indeed been committed,

Furthermore, in spite of the favorable court decisions of the recent times which ruted
that admission of being in a relationship with a perpetrator does not entail consenting to
having sex and that proof of resistance from victims are no longer required in rape cases, it
remains imperative for these determinations to be integrated and institutionalized in the
existing pieces of legislation that serve as the primary basis for the legal interventions and
protections covering rape and sexual violence. What they reaffirm is that it is the lack of or
inability to give consent that truly violates the victim's body and dignity, and constitutes the
commission of sexual violence that leaves a lasting mark on the victim's psyche and
wellbeing. What for many may be the most intimate expression of mutual love or oneness,
when committed without the consent or against the will of one party, is transformed into that
heinous crime called rape.

The pioneering case that addressed the necessity to focus on consent instead of the use
of force is that of the Karen Tayag Vertido vs. the Philippines (Communication No. 18/2008),
as adopted by the CEDAW Committee on July 16, 2010, The case became the basis of the
CEDAW Committee to recommend that the Philippine definition of rape should center on the
lack of consent as its core element. It is the lack of or inability to give consent that is the
very essence of the crime of rape.

To be consistent with the proposed definition of consent. Article 266-D provides that
“any overt physical act manifesting resistance or that the victim is so situated that he/she is
incapable of giving consent may be accepted as evidence in the prosecution of the crime" is
proposed to be repealed.

Notably, in providing for instances when lack of consent is presumed, the
responsibility to prove consent is placed on the accused, not the victim. Rape is committed
under the following circumstances:

1) by any person who shall have sexual intercourse with another person without the
latter's consent;

2) inserting or causing the insertion of a person's penis in another person's inner or outer
vaginal labia, anal orifice or mouth;

3) inserting or causing the insertion of a finger, instrument or object, into another
person’s inner or outer vaginal labia or anal orifice;

4) placing or causing the placement of a person’s penis between, or rubbing or causing
the rubbing thereof on, the breasts of another person; or

5) causing a person or persons to perform any of the above-mentioned acts even if the
offender does not participate therein;

6) under any of the following circumstances:


© by force, threat, intimidation, deception or coercion;
© by abuse of authority or moral ascendancy;

© by employment of means to deprive one person of reason or to render one
unconscious;

© by other fraudulent machinations; or

© when the victim is incapable or has been rendered incapable of giving consent
by reason of physical, mental, or psychological disability or condition of the
victim.

Aside from positioning the lack of consent as central to the definition of rape, the bill
seeks to recognize that rape as a hate crime is perpetrated against the members of the lesbian,
gay, bisexual, transgender, queer, intersex, asexual, plus (LGBTQIA+) community, and that
other forms of unwanted and unwarranted sexual conduct against males, young boys in
particular, also occur in our society.

The bill also introduces important aggravating circumstances, one of which is the act
of recording and publicly disseminating the conduct of rape. A concrete example of this is a
case of a university student in Las Pifias where the victim was drugged and raped by a group
of young men; the commission of the crime was uploaded by the perpetrators on the internet
for public viewing, increasing the humiliation and victimization of the offended party.

Finally, to further highlight the seriousness of the crime of rape and to address the
power relations that currently exist in marriage, this bill also seeks to repeal Article 266-C,
which pardons the rapist if he subsequently marries the victim or the rapist-husband if
pardoned by the wife.

It is high time that the Philippines integrate gender and human rights perspectives in
addressing the barriers to actualizing justice in cases of rape and sexual violence. Centering
the lack of consent as the key element of rape, instituting stronger penal provisions to
aggravating circumstances, and broadening the definition of what constitutes as rape and who
are the many faces of a rape victim not only attends to the gaps in existing legal frameworks,
but also contributes to combatting cultural challenges in prosecuting and penalizing rape and
sexual violence, centering the victim-survivors” rights in the process.

The Gabriela Women’s Party has been filing this measure since the year 2012 towards
strengthening protection and accountability mechanisms against rape and other forms of
sexual abuse and exploitation. More than a decade later, except for increasing the age for
determining the commission of statutory rape through the RA 11648, most of the
comprehensive provisions imbued in this 13-year long proposed measure remain elusive in
Philippine legislation.


For the foregoing reasons, the passage of this bill is sought.

yy _4

Rep. nen LOUISE M. CO i ANTONIO L. TINIO
KAB: |AN Party-List ACT Teachers Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No._ 218

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

AN ACT

PROVIDING FOR STRONGER PROTECTION AGAINST RAPE, AND OTHER:
FORMS OF SEXUAL ABUSE AND EXPLOITATION, AMENDING CHAPTER 3 OF
REPUBLIC ACT 8353, ALSO KNOWN AS THE ANTI-RAPE LAW OF 1997, AND
REPUBLIC ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
“REVISED PENAL CODE”

SECTION 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as "The Revised Penal
Code," as amended by Republic Act No. 8353 known as "The Anti-Rape Law f 1997," is
hereby further amended to read as follows:

Chapter Three
Rape
Artiele 266-4 Raper Melon Mid How Coininiied Rape b-Comnniited:

“1 xxx

SECTION 2. Articles 266-B, 266-C and 266-D of the same Act are hereby repealed.


ARTICLE 266-4

SECTION 3. RAPE: WHEN AND HOW COMMITTED. -RAPE IS COMMITTED BY
A PERSON AGAINST ANY PERSON BY:

[}) By man whe shall have camel knowledge ofa-womanunder-anyofthe-

1) HAVING SEXUAL INTERCOURSE WITH ANOTHER PERSON
WITHOUT THE LATTER’S CONSENT;

2) INSERTING OR CAUSING THE INSERTION OF A PERSON’S PENIS
IN ANOTHER PERSON'S INNER OR OUTER VAGINAL LABIA, ANAL
ORIFICE OR MOUTH;

anal orifice of another persen,| INSERTING OR CAUSING THE
INSERTION OF A FINGER, INSTRUMENT OR OBJECT, INTO
ANOTHER PERSON’S INNER OR OUTER VAGINAL LABIA OR
ANAL ORIFICE;

4) PLACING OR CAUSING THE PLACEMENT OF A PERSON’S PENIS
BETWEEN, OR RUBBING OR CAUSING THE RUBBING THEREOF
ON, THE BREASTS OF ANOTHER PERSON; OR

5) CAUSING A PERSON OR PERSONS TO PERFORM ANY OF THE
ABOVE-MENTIONED ACTS EVEN IF THE OFFENDER DOES NOT
PARTICIPATE THEREIN;

6) UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

(A) BY FORCE, THREAT, INTIMIDATION, DECEPTION OR
COERCION;

(B) BY ABUSE OF AUTHORITY OR MORAL ASCENDANCY;

(C) BY EMPLOYMENT OF MEANS TO DEPRIVE ONE PERSON
OF REASON OR TO RENDER ONE UNCONSCIOUS;

(D) BY OTHER FRAUDULENT MACHINATIONS; OR

() WHEN THE VICTIM IS INCAPABLE OR HAS BEEN
RENDERED INCAPABLE OF GIVING CONSENT BY REASON OF
PHYSICAL, MENTAL, OR PSYCHOLOGICAL DISABILITY OR
CONDITION OF THE VICTIM.


SECTION 4. A new Article 266-B is hereby added to Act No. 3815, as amended, to read
as follows:

ARTICLE. 266-B, PRESUMPTION OF LACK OF CONSENT. - IN
ALL CASES OF RAPE, LACK OF CONSENT IS PRESUMED.
THE ABSENCE OR LACK OF PHYSICAL OVERT ACT OF
RESISTANCE TO THE COMMISSION OF RAPE SHALL NOT
BE CONSTRUED AS CONSENT.

SECTION 5. WHEN IS RAPE DEEMED CONSUMMATED. - RAPE IS DEEMED.
CONSUMMATED WHEN THE VICTIM'S GENITAL, MOUTH, OR ANAL.
ORIFICE IS TOUCHED BY THE SEXUAL ORGAN OR ANY PART OF THE BODY
OR ANY OBJECT USED TO COMMIT RAPE AS DEFINED IN SECTION 1,
NUMBER 2;

Article 266-C. Penalties. - Rape funder-paragraphtof the-next-preeeding 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 OR HAS
DEVELOPED A PSYCHOLOGICAL DISORDER, the penalty shall be 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.

The penalty of reclusion perpetua shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:

{b-When-the-vieti thet-eieinieet Hitt vette ofan the altel

1) WHEN THE OFFENDER IS A BIOLOGICAL OR ADOPTIVE PARENT
OR A DE FACTO PARENT OR A PERSON WHO HAS RAISED THE OFFENDED
PARTY WITHOUT THE BENEFIT OF LEGAL ADOPTION, ASCENDANT, STEP-
PARENT, DE FACTO OR LEGAL GUARDIAN, RELATIVE BY
CONSANGUINITY OR AFFINITY WITHIN THE THIRD CIVIL DEGREE, OR
THE COMMON-LAW SPOUSE OR LIVE-IN PARTNER OF THE PARENT OF
THE VICTIM;

2) When the victim is 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 consanguinity;

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 seven (7) years old:

6) When the offender knows that he is afflicted with Human Immuno-Deficiency Virus
(HIVyAcquired Immune Deficiency Syndrome (AIDS) or any other sexually-
transmissible disease and the virus or disease is transmitted to the victim;

7) WHEN COMMITTED BY PERSONS OF PUBLIC OR MORAL
AUTHORITY SUCH AS:

a) ANY MEMBER OF THE ARMED FORCES OF THE PHILIPPINES OR
PARAMILITARY 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;

b) ANY ELECTED OFFICIAL OR APPOINTED OFFICIAL PERFORMING
A PUBLIC FUNCTION, WHEN THE OFFENDER TOOK ADVANTAGE
OF HIS POSITION TO FACILITATE THE COMMISSION OF THE
CRIME;

c) ANY PERSON WITH MORAL ASCENDANCY OR POSSESSING
SIGNIFICANT POLITICAL OR RELIGIOUS INFLUENCE, WHEN THE
OFFENDER TOOK ADVANTAGE OF HIS POSITION OR INFLUENCE
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 of the pregnancy of the offended party at the time of the
commission of the crime;

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;
and

11) WHEN THE ACT OF RAPE IS DOCUMENTED THROUGH ANY KIND OF
MEDIA, AND THE DOCUMENTED ACT OF RAPE HAS BEEN DISSEMINATED


TO THE PUBLIC SUCH AS THE INTERNET OR VIA CELLPHONE SMS.

SECTION 6. A new article 266-C is hereby added to Republic Act No. 3815, as amended,
to read as follows:

ARTICLE 266-C. GROOMING. - FOR PURPOSES OF THIS ACT, GROOMING IS
HEREBY DEFINED AS A PREDATORY CONDUCT, ACT, OR PATTERN OF
ACTS, OF ESTABLISHING A RELATIONSHIP, TRUST, OR EMOTIONAL
CONNECTION PERSONALLY, OR VIA ELECTRONIC AND OTHER SIMILAR
DEVICES, BY ANY PERSON WITH A MINOR UNDER EIGHTEEN (18) YEARS
OF AGE OR ANY OF THE MEMBERS OF THE FAMILY, GUARDIAN, OR
CAREGIVER OF THE MINOR FOR THE PURPOSE OF PERPETRATING
SEXUAL ABUSE OR EXPLOITATION. FOR PURPOSES OF THIS ARTICLE,
ANY PERSON WHO HAS A PHYSICAL, MENTAL, OR PSYCHOLOGICAL
DISABILITY OR CONDITION AND UNABLE TO FULLY UNDERSTAND THE
CONSEQUENCES OF ANY SEXUAL ACTIVITY MAY ALSO BE A VICTIM OF
GROOMING.


WHEN GROOMING RESULTS IN THE CONSUMMATION OF ANY OF THE
ACTS OF SEXUAL ABUSE OR EXPLOITATION UNDER ARTICLE 265-A, THE
PERSON RESPONSIBLE FOR THE GROOMINING SHALL BE LIABLE FOR
RAPE.

SECTION 7. A new Article 266-D is hereby added to Republic Act No. 3815, as amended,
to read as follows:

ARTICLE 266-D. PENALTIES FOR RAPE - RAPE UNDER ARTICLES 266-A, 266-
B, AND 266-C SHALL BE PUNISHED BY RECLUSION PERPETUA.

‘WHEN THE RAPE IS ATTEMPTED AND HOMICIDE IS COMMITTED BY
REASON OR ON THE OCCASION THEREOF, THE PENALTY SHALL BE
RECLUSION PERPETUA.

WHEN GROOMING WAS THE MEANS EMPLOYED TO COMMIT RAPE BUT
THE SAME WAS ONLY ATTEMPTED, THE PENALTY NEXT LOWER IN
DEGREE SHALL BE IMPOSED.

THE BENEFITS OF GOOD CONDUCT TIME ALLOWANCE (GCTA) UNDER
THE REPUBLIC ACT NO. 10592, ENTITLED “AN ACT AMENDING ARTICLES
29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
AS THE REVISED PENAL CODE,” SHALL NOW APPLY WHEN RAPE
COMMITTED WITH ANY OF THE AGGRAVATING 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 IS UNDER THE CUSTODY OF THE POLICE

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 CONSANGUITY OR AFFINITY;

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 THIRTEEN (13) YEARS 0}

6) WHEN THE OFFENDER IS AFFLICTED WITH THE HUMAN IMMUNO-

DEFICIENCY SYNDROME (AIDS) OR ANY OTHER SEXUALLY

TRANSMISSIBLE DISEASE AND THE VIRUS OR DISEASE IS

TRANSMITTED TO THE VICTIM;

WHEN COMMITTED BY ANY MEMBER OF THE ARMED FORCES OF

THE PHILIPPINES OR ITS PARA-MILITARY UNITS, THE PHILIPPINE

NATIONAL POLICE (PNP) OR ANY LAW ENFORCEMENT AGENCY OR

PENAL INSTITUTION, ANY PERSON IN AUTHORITY AS DEFINED BY

LAW, OR ANY PRIVATE INDIVIDUAL WHO TOOK ADVANTAGE OF

ONE’S POSITION, AUTHORITY, INFLUENCE OR MORAL

7



ASCENDANCY;

8) WHEN BY REASON OR ON THE OCCASION OF THE RAPE, THE
VICTIM SUFFERED PERMANENT PHYSICAL MUTILATION OR
DISABILITY;

9) WHEN THE OFFENDER KNEW OF THE PREGNANCY OF THE VICTIM
AT THE TIME OF THE COMMISSION OF THE CRIME;

10)WHEN THE OFFENDER KNEW OF THE MENTAL DISABILITY,
EMOTIONAL DISORDER, OR PHYSICAL HANDICAP OF THE VICTIM
AT THE TIME OF THE COMMISSION OF THE CRIME;

11)WHEN THE REASON OF THE RAPE, THE VICTIM BECOMES
PREGNANT;

12)WHEN THE VICTIM HAS SUFFERED PERMANENT MENTAL OR
PSYCHOLOGICAL DISABILITY; OR

13) WHEN THE OFFENDER USED GROOMING AS A MEANS TO COMMIT
THE CRIME.

SEC. 6. A new article 266-E is hereby added to Act No. 3815, as amended, to read as
follows:

“ARTICLE 266-E - EFFECT OF RECONCILIATION OR SUBSEQUENT
VALID MARRIAGE. — THE SUBSEQUENT VALID MARRIAGE BETWEEN
THE VICTIM AND THE OFFENDER SHALL NOT EXTINGUISH THE
CRIMINAL ACTION FOR RAPE OR THE PENALTY IMPOSED THEREON.

SUBSEQUENT RECONCILIATION BETWEEN LEGITIMATE SPOUSES
SHALL NOT EXTINGUISH THE CRIMINAL LIABILITY OF THE
OFFENDER.”

SEC. 8. A new Article 266-F is hereby added to Act No. 3815, as amended to read
as follows:

“ARTICLE 266-F. WHO MAY FILE A COMPLAINT FOR RAPE. - A

COMPLAINT MAY BE FILED BY ANY OF THE FOLLOWING:

(A) THE OFFENDED PARTY;

(B) PARENTS OR GUARDIANS OF THE OFFENDED PARTY;

(C)ASCENDANTS, DESCENDANTS OR COLLATERAL RELATIVES WITHIN
THE FOURTH DEGREE OF CONSANGUINITY OR AFFINITY;

(D) OFFICERS OR SOCIAL WORKERS OF THE DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT (DSWD) AND SOCIAL WORKERS OF
LOCAL GOVERNMENT UNITS
(LGU);

(E) POLICE OFFICERS;

(F) PUNONG BARANGAY OR KAGAWAD;

(G)LAWYER, COUNSELOR, THERAPIST OR HEALTHCARE PROVIDER OF
THE OFFENDED PARTY; OR

(H)A CONCERNED CITIZEN WHO HAS KNOWLEDGE OF THE
COMMISSION OF THE CRIME.

SECTION 9. A new Article 266-G is hereby added Republic Act No. 3815, as amended, to
read as follows:


ARTICLE 266-G. PERSONS MANDATED TO REPORT RAPE CASES. - A) IT
SHALL BE THE DUTY OF THE FOLLOWING PERSONS TO REPORT ALL
INCIDENTS OF RAPE AND OTHER SEXUAL OFFENSES TO THE DSWD, THE
DEPARTMENT OF EDUCATION (DEPED), THE PNP OR ANY LAW
ENFORCEMENT AGENCY, OR THE CONCERNED LGU WITHIN FORTY
EIGHT (48) HOURS FROM KNOWLEDGE THEREOF:

1. ANY I-HEALTHCARE PROVIDER, INCLUDING THE ATTENDING
PHYSICIAN, NURSE, CLINICIAN, BARANGAY HEALTH WORKER; OR ANY
PERSON WHO HAS CAUSED THE EXAMINATION OR TREATMENT OF THE
VICTIM APPEARING TO HAVE SUFFERED FROM RAPE OR OTHER SEXUAL
OFFENSES;

2. TEACHER, GUIDANCE COUNSELOR, PRINCIPAL, SCHOOL HEAD, OR
ANY PERSON WHOSE WORK INVOLVES THE EDUCATION, TRAINING, AND
CARE OF CHILDREN;

3. ANY SOCIAL WORKER WHO HAS REASON TO BELIEVE THAT RAPE
OR OTHER & OFFENSES HAVE BEEN COMMITTED OR HAS BEEN DULY
INFORMED THEREOF BY THE VICTIM;

4. ANY NATIONAL OR LOCAL PUBLIC OFFICER; OR

5. ANY PERSON WHO HAS KNOWLEDGE OF THE COMMISSI!
RAPE OR OTHER SEXUAL OFFENSES:

OF

B) THE PERSONS MANDATED TO REPORT CASES OF RAPE OR OTHER
SEXUAL OFFENSES SHALL HAVE, AS FAR AS APPLICABLE, THE
FOLLOWING RESPONSIBILITIES:

L PROPERLY DOCUMENT ANY OF THE VICTIM’S PHYSICAL,
EMOTIONAL, OR PSYCHOLOGICAL INJURIES;

2, PROPERLY RECORD OBSERVATION ON THE VICTIM’S CONDITION AND
CIRCUMSTANCES DURING THE EXAMINATION OR VISIT;

3. SAFEGUARD THE RECORDS AND MAKE THEM IMMEDIATELY
AVAILABLE TO THE VICTIM UPON REQUEST; AND

4. IMMEDIATELY REPORT THE SUSPECTED COMMISSION OF RAPE TO
THE PROPER AUTHORITIES.”

c) FAILURE TO REPORT POSSIBLE RAPE OR SEXUAL OFFENSES
UNDER THIS ACT SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN
FIFTY THOUSAND PESOS (P50,000.00) WITHOUT PREJUDICE TO ANY
ADMINISTRATIVE LIABILITY, IF APPLICABLE.

D) NO CRIMINAL, CIVIL, OR ADMINISTRATIVE ACTION MAY BE FILED
AGAINST ANY PERSON WHO IS PERFORMING THE RESPONSIBILITIES


MANDATED UNDER THIS ARTICLE.”

SECTION 10. A new Article 266-H is hereby added to Republic Act No. 3815, as
amended, to read as follows:

“ARTICLE 266-H AFFIDAVIT OF DESISTANCE - THE SUBMISSION OF AN
AFFIDAVIT OF DESISTANCE AT ANY STAGE OF THE CRIMINAL ACTION
OR PROCEEDINGS IS NOT ALLOWED."

SECTION 11. A new Article 266-I is hereby added to Republic Act No. 3815, as amended,
to read as follows:

“ARTICLE 266-1 AMICABLE SETTLEMENT. — ANY AMICABLE SETTLEMENT
AT ANY STAGE OF THE PROCEEDINGS FOR RAPE OFFENSES IS
PROHIBITED.”

SECTION 12. A new Article 266-J is hereby added to Act. No. 3815, as amended, to read
as follows:

“ARTICLE 266-J. CONFIDENTIALITY AND PRIVACY. - THE JUDGES,
PROSECUTOR, OR ANY OFFICER OF THE COURT, SHALL ENSURE THE
CONFIDENTIALITY OF THE PROCEEDINGS FOR RAPE OFFENSES. FOR
THIS PURPOSE, THE INVESTIGATING PROSECUTOR OR THE JUDGE SHALL
HOLD CLOSED DOOR PROCEEDINGS TO PROTECT THE IDENTITY AND
PRIVACY OF THE PARTIES.

THE JUDGE, PROSECUTOR OR ANY OFFICER OF THE COURT, WHO
VIOLATES OR FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLES
266-H, 266-1, AND 266-J OF THIS ACT SHALL BE PUNISHED WITH A FINE OR
NOT LESS THAN FIFTY THOUSAND PESOS (P50,000) WITHOUT PREJUDICE
TO ANY ADMINISTRATIVE LIABILITY.”

SECTION 13. Articles 337, 338, 342 and 343 of Republic Act No. 3815, as amended, are
hereby repealed.

SECTION 14. A new Article 338 is hereby added to Republic Act No. 3815, as amended,
to read as follows:

“ARTICLE 338. QUALIFIED SEDUCTION. - THE SEDUCTION OF A MINOR
AGED SIXTEEN (16) YEARS AND UNDER EIGHTEEN (18) YEARS OF AGE,
COMMITTED BY ANY PERSON IN PUBLIC AUTHORITY, OR PRIEST, OR
RELIGIOUS ENGAGED IN A RELIGIOUS VOCATION OR CALLING,
DOMESTIC, GUARDIAN, TEACHER, OR ANY PERSON WHO, IN ANY
CAPACITY, SHALL BE ENTRUSTED WITH THE EDUCATION OR CUSTODY
OF THE MINOR SEDUCED, SHALL BE PUNISHED BY PRISION MAYOR IN ITS
MEDIUM AND MAXIMUM PERIODS.

THE PENALTY NEXT HIGHER IN DEGREE SHALL BE IMPOSED UPON:

(1) ANY PERSON WHO SHALL SEDUCE A FULL OR HALF-BLOOD


SIBLING OR DESCENDANT;

(2) ANY EMPLOYER, MANAGER, SUPERVISOR, AGENT OF THE
EMPLOYER, TEACHER, INSTRUCTOR, PROFESSOR, COACH, TRAINOR, OR
ANY PERSON WHO, HAVING AUTHORITY, INFLUENCE OR MORAL
ASCENDANCY OVER ANOTHER IN A WORK, TRAINING OR EDUCATION
ENVIRONMENT, SEDUCES A WORKER, EMPLOYEE, APPLICANT FOR
EMPLOYMENT, STUDENT OR ONE UNDERGOING TRAINING, INSTRUCTION
OR EDUCATION.”

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.”

SECTION 20. Separability Clause - If any provision of this Act is held invalid or
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain
in full force and effect.

SECTION 21. Repealing Clause - All laws, decrees, orders, ordinances, rules and
regulations or parts thercof which are inconsistent with the provisions of this Act are hereby
amended, modified or repealed accordingly.

SECTION 22. Effectivity - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation in the Philippines.

Approved,