EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE
S. No. 2018
1HE
ro.
liu date;
ICO
RECEIVED ^
E-FILED
Introduced by Senator Grace Poe
T.MC. 03:57pm
January 25 2021 ml
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GlttCwlNDEX^
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.1 Rape was also recognized as a crime in ancient 
Egypt2, while references to sexual assault can be found in ancient Greece3, Rome 4, 
early Hebrew law (as recorded in the Pentateuch)5, and early English common law6.
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.7 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 force8. Under this definition:
"A woman's reproductive capacity, in the form of her chastity, was 
considered property and was essential to establishing patriarchal 
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
1 Smith, C 1974. "History of Rape and Rape Laws". Women Lawyers Journal. 60 (4). 188-207.
2 Reynolds, J. 1914. "Sex Morals and The Law In Andent Egypt and Babylon". Journal of Law and Criminology. 5(1).
3 
Cole, S. 1984. "Greek Sanctions Against Sexual Assault". Classical Philology. 79(2). Pp. 97-113.
httn://www.1stor.orQ/stable/269836?orloln=3STOR-Ddf
4 Nguyen, N. 2006. "Roman Rape: An Overview of Roman Rape Laws from the Republican Period to Justinian's Reign Republican 
Period to Justinian's Reign". Gender and Law. 13(1). Retrieved from 
httns;//refxisltnrv.law.umlch.edu/mlQl/voll3/lssl/3?utm source=reDOSltorv.l3W.umlch.edu%2Fm1ql%2FY0ll3%2FISSl%2F3&tit
m medium=PDF8iutm camD3lon=PDI:CoverPaQes
5 Smith, 1974.
6 Ibid.
7 Gold, S. and Wyatt, M. 1978. "The Rape System: Old roles and New Times". 27(4).
• Smith, 1974.


was originally considered the theft of this property. The 
bodily integrity of the woman was irrelevant."9
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.10 The concept of rape as a crime against chastity has persisted 
in decisions of the Supreme Court.11
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.12
As a result, U.S. states have revised their definitions of rape.13 However, the degree 
of adoption of the consent-centered definition of rape has varied across states. A 2011 
study found that U.S. state laws on rape14 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).15 The first bill seeking to 
amend the definition of rape was filed in the 8th Congress by Rep. Raul Roco.16 
However, serious lobbying for the passage of the bill started in the 9th Congress 
through the initiative of the Samasamang Inlsyatlba ng Kababalhan sa Pagbabago ng 
Batas at Upunan (SIBOL), a coalition of eleven (11) women's groups who pushed for 
a women's legislative agenda.17 These efforts culminated In the 10th Congress with
»Tracy, C "Rape and Sexual Assault In the Legal System'. Presented to the National Research Council of the National Academies 
Panel on Measuring Rape and Sexual Assault In the Bureau of Justice Statistics Household Surveys Committee on National 
Statistics June 5,2012
,0 Supreme Court of the Philippines. People of the Philippines vs. Edgar Junnawan. G.R. No. 187495. 21 April 2014. See alM 
Feliciano, M. 2005. ’Women and the Law and Children's Rights -The Philippine Experience.'. Philippine JudldalJoumal. 7 (23). 
11 Sta. Maria, A. *An Analysis of Supreme Court decisions on Rape and Sexual Assault Assessing their compliance with the 
Convention on the Elimination of Discrimination against Women (CEDAW) mandate to eliminate Gender Discrimination and
promote Gender Equality" Archlum Ateneo (2019). 
, 
. „ .
11 Tandon, U. and Luthra, S. 2016. "Rape: Violation of the Chastity or Dignity of Woman? A Feminist Critique of Indian Law 
FICHL Policy Brief Series No. 51 (2016). Retrieved from httos://dx.dol.QrQ/10.2139/ssm.282142S 
13 Tracy C 2012.
M Decker, J. and BaronI, P. 2011. ’No still means yes: the Failure of the Non-Consent Reform Movement In
Sexual Assault Law. The Journal of Criminal Law and Criminology. 101 (4). Retrieved from httP://WWWi1StQriOro/StaPle/23l500l5
15 Sta. Maria, 2019. See also People of the Philippines vs. Salvador Tulagan. 
„ ^ nI_t„ ,
16 Lavides, M. 1999. *The Congressional Committee and Philippine Policy Making: The Case of the Anti-Rape Law. The Philippine 
Journal of Public Administration. 28(38i4).
17 Ibid.


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 reciassified rape as a crime against persons and removed it from the ambit 
of crimes against chastity.18
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.19
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.20 Some criticized aspects of the 
current law include:
1. The concept of consent Is not found.21
2. The setting of the minimum age of sexual consent at 12 years old.22
3. Retention of the provision on marital pardon, which provides that subsequent 
valid marriage between the (offender and the) offended party shall extinguish 
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.23
4. The absence of resistance can be considered a requirement In proving a case 
of rape before the courts.24
5. 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".25
The present measure addresses these concerns through the following proposed 
amendments:
“ People of the Philippines vs. Edgar Jumawan.
19 Article 266-B (2) of the Revised Penal Code as Amended by R.A. No. 8353.
20 Lavides, M. 1999.
21 Philippine Commission on Women (PCW). ‘Amending the Anti-Rape Law*. Retrieved from httPs://Dcw.Qov.Dh/amendlng:mer 
anti-ra^law/
22 Ibid.
23 Ibid.
24 Ibid.
25 Supreme Court of the Philippines. People of the Philippines vs. Rolando Bagsic Y Valenzuela. G.R. No. 218404.23 December 
2017.


1. The distinction between rape and sexual assauit shail be deieted. Rape shaii 
now be defined under a singie offense characterized by the foliowing eiements:
(a) Insertion, or causing the insertion of, a person's penis, tongue, finger, 
or any object or instrument into another person's inner or outer labia, 
anai orifice, or mouth under any of the foliowing circumstances:
• When the offended party did not indicate fuil and effective 
consent before or during the sexuai act;
• When the offended party withdraws fuii and effective consent;
• When the offended party is incapabie of indicating fuli and 
effective consent due to being deprived of reason or otherwise 
unconscious;
• When the consent was obtained by the offender through the use 
of violence, force, threat, intimidation, deception, or abuse of 
authority or moral ascendancy;
• When the offended party, through overt verbal or physical acts, 
manifests resistance to the sexual act; or
• When the offended party is under sixteen (16) years of age or is 
incapable of giving full and effective consent by reason of 
physical, mental, or psychological disability, even though none of 
the circumstances mentioned above are present;
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.26 
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.
3. 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."27
4. We have Included withdrawal of consent during sexual activity as one of the 
circumstances wherein 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.28
26 On the concept of rape as a differentiated offense, see Tadros, V. 2006. 'Rape Without Consent*. OxfbrdJoumal of legal 
Studies. 26(3).
22 Harris, L Towards a Consent Standard In the Law of Rape*. The University of Chicago Law Review. 42(3). Pp. 613-645. 
Retrieved from httD://wvw.1stor.orQ/stable/1599234 
»
2> Lyon, M. 1973.*No Means No? Withdrawal of Consent During Intercourse and the Continuing Evolution of the Definition of 
Rape*. The Journal of Lew and Criminology. 95(1). Pp. 277-314. Retrieved from


5. We have raised the age of sexual consent to 16 years of age.
6. The act of rape will now be penalized by a single offense- reclusion perpetua.
7. 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 
party's orifice during forensic examination
8. Finally, we have repealed the provision on marital forgiveness.
In view of the foregoing, immediately approval of this measure is eagerly sought.
^RACE POE
htto://www■1s^nr■nra/stable/34ql384?orialn=]STOR-Ddf See also the comments of Sta. Maria (2019 on the Supreme Court's 
remarks in the cases of People BMongwA People vs. Amarela.


EIGHTEENTH CONGRESS OF THE 
REPUBUC OF THE PHILIPPINES 
Second Regular Session
)
)
)
SENATE
S. No. 2018
January 25 2021 |Tt
rrz----------</>i
Introduced by Senator Grace Poe
AN ACT
REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF 
RAPE, AMENDING FOR THE PURPOSE ARTICLE 266-A AND 266-D, AND 
REPEALING ACT 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
4 
A PERSON WHO SHALL INSERT, OR CAUSE THE INSERTION OF, THEIR
5 
PENIS, TONGUE, FINGER, OR ANY OBJECT OR INSTRUMENT INTO
6 
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 DURING THE SEXUAL ACT;
10 
(b) WHEN THE OFFENDED PARTY WITHDRAWS FULL AND
11 
EFFECTIVE CONSENT;
12 
(c)WHEN THE OFFENDED PARTY IS INCAPABLE OF INDICATING
13 
full and effective consent due to being deprived of
14 
REASON OR OTHERWISE UNCONSCIOUS;
15 
(d) WHEN THE CONSENT WAS OBTAINED BY THE OFFENDER
16 
THROUGH THE USE OF VIOLENCE, 
FORCE, THREAT,


1 
INTIMIDATION/ DECEPTION/ OR ABUSE OF AUTHORITY OR
2 
MORAL ASCENDANCY;
3 
(e)WHEN THE OFFENDED PARTY/ THROUGH OVERT VERBAL OR
4 
PHYSICAL ACTS/ MANIIFESTS RESISTANCE TO THE SEXUAL ACT;
5 
OR
6 
(f) WHEN THE OFFENDED PARTY IS UNDER SIXTEEN (16) YEARS OF
7 
AGE OR IS INCAPABLE OF GIVING FULL AND EFFECTIVE
8 
CONSENT BY REASON OF PHYSICAL/ MENTAL/ OR
9 
PSYCHOLOGICAL DISABILITY/ EVEN THOUGH NONE OF THE
10 
CIRCUMSTANCES MENTIONED ABOVE ARE PRESENT.
11 
FOR THE PURPOSE OF THIS ACT/ "FULL AND EFFECTIVE
12 
CONSENT" SHALL REFER TO WORDS OR OVERT ACTIONS BY A
13 
PERSON WHICH ARE FREELY GIVEN AND DEMONSTRATE
14 
WILLINGNESS TO PARTICIPATE IN SEXUAL ACTIVTTY."
15 
["1) By-a-mon who-sholl havo-carnal knowlcdgo of o woman-undor-any-ef
16 
the following circumstanccfH
17 
"a) Through forcG/ thrcat/ or Intimidation^
18 
"b) When-the offended party Is deprived of reason or otherwise
19 
unconsciousj
20 
"c) By means of fraudulent machination or grave abuGC of authorityrand
21 
"d) When-thG offended-party Is under twelve (12) years of age-or-te
22 
dGmcntGdrGvcn though none of the circumGtancGS mentionGd abovo-bo
23 
proGeatr
24 
"2) By any parson who>-undGr any-ofthG circumstancGG mantionGd in paragraph-
25 
1 harGof/-ohall commit-an act of SGXual assault-by InsGrting-hia panis into
26 
anothor-person'o-mouth or anal orificG/-or any InotrumGnt-or-objGctHnto-the
27 
ganital-or-anal orificG-of anothar pGrson.,,]
28 
SEC. 2. Article 266-B of the Revised Penal Code, as amended, hereby amended
29 
to read as follows:
30 
"ARTICLE 266-B. PENALTY. - ANY PERSON WHO COMMITS THE
31 
CRIME OF RAPE SHALL BE PUNISHED BY RECLUSION PERPETUA."


1 
[RopG-undor-paragraph 1 of the noxt-proceding-artiele shall-be-puniGhod by
2 
reclusion pcrpctua.-
3 
"WhonGvor the rape-ls committed with the use of-a-dcodly weapon or-by-twe
4 
or more-personsy-thG'penalty shall be reclusion perpetuo to death?
5 
"Wherhby-reason or-on the occasion of the rape/ the victim has become Insane7
6 
the penalty shall become reclusion perpetua to-deathr
7 
"When the-rape Is attempted and a homicide-ls-eommltted-by reason or on the
8 
occasion-thereof-thG-penalty-shall be reclusion perpetua to death?
9 
"When-by reason or on the-occasion ofthe raper-homicide Is committed-the
10 
penalty shall be death.-
11 
'The death penalty shall also be imposed If the-crime of rape is committed-witb
12 
any of the following-aggravating/qualUying circumstances?
13 
"I) When the-victim Is under eighteen (18) years of-age and the offender-ls-e
14 
parent/'-ascendant, step-parent- guardian-relative by consanguinity or affinity-within
15 
the third civil degreeror-the common law spouse of the parent of the victimt
16 
"2) When the victim Is-under the custody of the police or military authorities-er
17 
any law enforcement-or penal Institution;
18 
"3) When the rope Is committed In full view of the spouse, parent, any of-th&
19 
chlldren-or other relatives within the third civil degree of consanguinity;-
20 
"^) When-the victim is-a^ religious-engaged In legitimate religious vocation-or
21 
calling and Is personally known to be such by the offender before or at the time of the
22 
commission of the crimes
23 
"5) When-the victim is a chlld below-seven (7) years old/
24 
"6) When-the offender-knows that he Is afflicted with the Human Immune-
25 
Deficiency-Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
26 
sexually transmissible disease ond-the virus-or-dlsease is transmitted to the victimj
27 
"7) When committed-by any member of the Armed Forces of the Philippines-or
28 
para-military units-thereof-or the Philippine National Police or any low enforcement
29 
agency or penal institution/-when the offender took advantage of his position to
30 
facilitate-the commission ofthe crime;-
31 
"8) When by reason or on the occasion of the-rape, the victim has suffered
32 
permanent physical-mutilation or disability^


1
2 
Ii9-)-Whcnjthc-offGndGr-kncw-of-thc pregnancy of■the-offendod party-aHho-timo
3 
of the commfesien-of-thc crime; an
4 
■n10)-When -thG -offender-knew-of the -montal dioability, emotional-disorder-
5 
and/or-physi€a^handicap of thG-offondod-party ot thG-timc of the commission-of-tho
6 
crirnGr
7 
"Rape-ander paragraph 2 -of-the-ncxt preceding artlclG-Ghall be ■punished-by
8 
priGion-mayorT
9 
"Whonover the rape iG-committed with the ugg of-a-doadly weapon or-by-two-
10 
or moro pcrsonGrthG-ponalty ohalI bG-prIsiorHnoyor to rccluGion tcmporal.-
11 
"Whon by reaGon-or-on the occoGion of the rape, the victim hao bccomo inoanG7
12 
the-penalty Ghall bo roduGlon temporak-
13 
''When-the-rape Ig attempted and a homicide Ig committed by rcaGon or-on-dte
14 
occaGion thereofrthe-penalty-Ghall be recluGlon temporal to-redaGlon perpetuar
15 
"When-by-reaGon or on the occaalon ofthe-rape, homicide Ig commlttedrtho
16 
penalty Ghall-be-redaslon perpetaa?
17 
■"RecluGion-temporal-Ghall be-ImpoGed if the-rape lo committed with any-of-th&
18 
ten aggravatingZ-qaalifying circurnGtanceg-mentloned In thlG article?
19 
SEC. 3. Article 266-D of the Revised Penal Code is hereby further amended to
20 
read as follows:
21 
"Article 266-D. [PrcGumptions^ CIRCUMSTANCES NOT ACCEPTED. - THE
22 
FOLLOWING CIRCUMSTANCES SHALL NEITHER BE CONSIDERED AS
23 
MITIGATING CIRCUMSTANCES NOR EXEMPT THE OFFENDER FROM
24 
CRIMINAL UNDER THIS ACT:
25 
1. WHEN THE OFFENDER IS THE LEGAL HUSBAND OF THE VICTIM;
26 
2. WHEN THE OFFENDER AND THE OFFENDER PARTY HAVE
27 
PREVIOUSLY HAD A RELATIONSHIP OR ENGAGED IN PRIOR
28 
SEXUAL ACTIVITY;
29 
3. WHEN THE OFFENDED PARTY DID NOT MANIFEST RESISTANCE
30 
AGAINST THE ACT THROUGH VERBAL OR PHYSICAL ACTION; AND
31 
4. WHEN THE SPERMATOZOA FROM THE OFFENDER ARE NOT FOUND
32 
IN THE OFFENDED 
PARTY'S ORIFICE DURING 
FORENSIC


1 
EXAMINATION."
2 
[Any-phyGical-ovcrt-act manifesting rcGlstancG against the act of ropc in-any
3 
dGgrcc-fronvtho-offendGd-party-, or whoro-thG offonded party-ls so situated-as
4 
to-rGndGr-hGr/him IncapabiG-of-giving-valid conGGnt; may bG occGptGd os
5 
GvidGneo-in thG prosGCUtion of thG-actG-pani5hGd-undGr-ArticlG-266-Aj
6 
SEC. 4. Separability Clause. -If any part, section or provision of this Act Is held
7 
invalid or unconstitutional, other provisions not affected thereby shall remain in full
8 
force and effect.
9 
SEC. 5. Repealing Clause. - Article 366-C of the Revised Penal Code is hereby
10 
repealed In its entirety. All other laws, decrees, orders, issuances and rules and
11 
regulations or parts thereof Inconsistent with the provisions of this Act are hereby
12 
repealed or modified accordingly.
13 
SEC. 6. Effectivity. -This Act shall take effect fifteen (15) days after its
14 
publication in the Official Gazette or in a newspaper of general circulation.
15 
Approved,