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< 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
.§Ci1ilil' 
\Off,;. "f t~.~rrrrt .. ~ 
Second Regular Session 
) 
'14 
NOV 18 P 1 :48 
SENATE 
S.No. 
2462 
Introduced by Senator Miria;n l!efensor Santiago 
AN A<I(T 
STRENGTHENING REPU~UC ACT NO. 8353, 
OTHERWISE KNOWN AS THE "A'1\ITI-RAPE LAW OF 1997" 
EXPLANATORY NOTE 
In the case of Karen Tayag Vertida v. Republic afthe Philippines l , the Committee on the 
Elimination of Discrimination against Women, established under the United Nations Convention 
on the Elimination of All Forms of Discrimination against Women (CEDA W), Article 17 
emphasized that rape violates a woman's right to personal security and bodily integrity and that 
lack of consent is its essential element. The Committee recommended the Republic of the 
Philippines to: 
(i) 
Review the definition of rape in the legislation so as to place the 
lack of consent at its centre; 
(ii) 
Remove any requirement in the legislation that sexual assault be 
committed by force or violence, and any requirement of proof of 
penetration, and minimize secondary victimization of the 
complainant/slll'vivor in proceedings by enacting a definition of 
sexual assault that either: 
(i) 
requires the existence of "unequivocal and voluntary 
.. 
agreement" and requiring pwof by the accused of steps 
taken to ascertain whether the complainant/survivor was 
consenting; or 
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" 
, CEDA W/C/46/DIlS/200S 
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(ii) 
reqUIres 
that 
the 
act 
take 
place 
In "coercive 
circumstances" and includes a broad range of coercive 
circumstances. 
Although the circumstances that qualify sexual intercourse and sexual assault as rape are 
indicative of lack of consent, they are not always broadly construed by our courts so as to include 
other coercive circumstances. Hence, as in the case of Verlida, perpetrators of the crime are able 
to evade criminal liability. This bill seeks to remedy this problem as well as to comply with the 
pronouncements made by the CEDA W Committee. 
This bill likewise addresses the other shortcomings of the Anti-Rape Law. One, it 
increases the age for determining statutory rape. According to the Philippine National Police 
Crilninal Investigation and Detection Group's Women and Children's Protection Unit, recorded 
victims of sexual abuse are mostly children at ages 13-15.2 Increasing the age for determining 
statutory rape to 15 years old and below will contribute to protecting our minors against sexual 
abuse. Two, it provides [or more aggravating/qual{ryipg circumstances under the Penal Code, 
Article 266-B such as when rape is documented through any kind of media, and the documented 
act has been disseminated to the public, and when ~ is committed by two or more persons, acting 
'...... 
together. Three, it repeals the Penal Code, Article 266-C so as to be consisteat with the 
amendment made by the Anti-Rape Law of 1997 classifying rape as a crime against persons 
rather than against private individuals. According to the Philippine Commission on Women, 
Article 266-C fails to take into account the issue of gender-based violence. It permits the 
possibility of "violence against women under the shroud of marriage, keeping women in violent 
and abusive relationships rather than freeing them.,,3 
2 Philippine Commission on Women, "Amending the Anti-rape Law", Policy Brief No. II, < 
http://pcw.gov.ph/wpla/rapc>. 
'ld. 
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This bill is based on House Bill No. 821 filed in the First Regular Session of the 
Sixteenth Congress by Representatives Emmi A. De Jesus, Luzviminda !lagan, Fernando Hicap, 
Carlos Zarate, Neri Colmenares, James Mark Terry Ridon, and Antonio Tinio. 
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~~ )~ 
MIRIAM DEF~;;;SANTIloo 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
~em!h' 
d}fft~r- tTf t~1,I ~.rrfPbr\t 
Second Regular Session 
'14 
NOV 18 P1:48 
SENh.,TJ; 
S. No. 
~462 
, 
-----------------------......-jIItUF,;eC-EEt'I''''' 
.. EI> BY:_&::-
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of the Representative of the Philippines in 
Congress assembled: 
AN ACT 
STRENGTHENING REPUBLIC ACT NO. 8353, 
OTHERWISE KNOWN AS THE ANTI-RAPE LAW OF 1997 
SECTION I. Act No. 3815, otherwise known as the Penal Code,Titie Eight, Chapter 
Three on Rape, is hereby amended to read as follows: 
Chapter Three 
Rape 
Artiele 266 A. Rape: When Ami How Committed. Rape is eommitted: 
1) By a man who shall have earnal knowledge of a woman under any 
ef the following eireumstanees: 
a) Through foree, threat, or intimidation; 
e) When the offended party is deprived of reason or otherwise 
uneonseious; 
0) By means of fraudulent"maehination or grave abuse-ef 
authority; and 
d) When the offended flarty is under twelve (12) years of age 
::i:=::~ :::e!gh none of the eireumstanees 
2) By any flerson who, under any of the oireumstanees mentioned in 
paragraph 1 hereof, shall eommit an aet of se)mal assault by inserting his 
flenis into another person's mouth or anal orifies, or any inscrument or 
objeet, into the genital or anal orifiee of another person. 
ARTICLE 266-A 
SECTION 1. RAPE: WHEN AND HOW COMMITTED. 
RAPE IS COMMITTED: 
1. BY ANY PERSON WHO SHALL HAVE SEXUAL 
INTERCOURSE 
WITH 
ANOTHER 
PERSON 
WITHOUT THE LATTER'S CONSENT; 
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2. BY ANY PERSON WHO SHALL COMMIT UPON 
ANOTHER PERSON WITHOUT THE LATTER'S 
CONSENT ANY OF THE FOLLOWING SEXUAL 
ACTS: 
a) INSERTING HIS PENIS INTO ANOTHER 
PERSON'S MOUTH OR ANAL ORIFICE; 
b) INSERTING ANY OTHER PART OF THE 
BODY INTO THE VICTIM'S GENITAL OR 
ANAL ORIFICE; OR 
c) INSERTING AN INSTRUMENT OR OBJECT 
INTO THE VICTIM'S GENITAL OR ANAL 
OlUFICE 
SECTION 2. PRESUMPTION OF LACK OF CONSENT. 
\, 
- LACK OF CONSENT IS PRESUMED UNDER ANY OF THE 
FOLLOWING CIRCUMSTANCES: 
a) WHEN THE AC\ IS ATTENDED BY FORCE, 
THREAT, OR INT~IDATION; 
b) WHEN 
THERE 
IS 
FRAUDULENT 
MACHINATION, 
GRAVE 
ABUSE 
OF 
AUTHORITY OR MORAL ASCENDANCY; 
c) 
WHEN THE VICTIM IS DEPRIVED OF REASON 
OR IS OTHERWISE UNCONSCIOUS; 
d) 
WHEN THE VICTIM IS INCAPABLE OF 
GIVING CONSENT DUE TO HIS OR HER 
MENTAL CAPACITY; 
e) 
WHEN THE VICTIM IS FIFTEEN (15) YEARS 
OLD AND BELOW OR IF ABOVE FIFTEEN (15) 
YEARS OLD, BUT HE OR SHE HAS A MENTAL 
CAPACITY OF THAT OF A FIFTEEN (15) YEAR 
OLD OR BELOW AND THE OFFENDER IS OF 
LEGAL AGE; OR 
1) 
WHEN THE OFFENDER IS A BIOLOGICAL 
PARENT, ADOPTIVE PARENT, FOSTER CARE 
PARENT, A DE FACTO PARENT OR A PERSON 
WHO HAS RAISED THE OFFENDED PARENT 
WITHOUT 
THE 
BENEFIT 
OF 
LEGAL 
ADOPTION, ASCENDANT, STEP-PARENT, DE 
FACTO OR LEGAL GUARDIAN, RELATIVE BY 
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CONSANGUINITY OR AFFINITY WITHIN THE 
THIRD CIVIL DE~REE, OR THE COMMON-
LAW SPOUSE OR LIVE-IN PARTNER OF THE 
PARENT OF Tim VICTIM. 
SECTION 
3. 
WH~ 
IS 
RAPE 
DEEMED 
CONSUMMATED. - RAPE I~"PEEMED 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-B. Penalty. - Rape under paragraph 1 Elf tho nellt preeeding 
article shall be pWlished by reclusion perpetua. 
Whenever the rape is committed with the use of a deadly weapon or by 
two or more persons, the penally 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 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) 'Nhen the vietim is under eighteen (18) years of age 
:::::::H:i:i:;:;~:::;ns:: :::y~u:::::: 
Of the eommon law spouse ofthe parent of the vietim; 
1) WHEN THE OFFENDER IS A BIOLOGICAL 
PARENT, 
ADOPTIVE 
PARENT, 
FOSTER 
CARE 
PARENT, A DE FACTO PARENT OR A PERSON WHO 
HAS RAISED THE OFFENDED PARTY WITHOUT THE 
BENEFIT OF LEGAL ADOPTION, ASCENDANT, STEP-
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PARENT, 
DE 
FACTO 
OR 
LEGAL 
GUARDIAN, 
RELATIVE 
BY 
CONSANGUNITY 
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) TWELVE 
(12) years old; 
6) When the offender lQ10ws that he is afflicted with the 
Human Immuno-Deficiency Virus (HIV)/Acquired Immune 
Deficiency 
Syndrome 
(AIDS) 
or 
any 
other 
sexually 
transmissible disease and th~rus 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 eommission of the crime; 
7) 
WHEN 
COMMITTED 
BY PERSONS 
OF 
PUBLIC OR MORAL AUTHORITY SUCH AS: 
a) ANY MEMBER OF THE ARMED FORCES 
OF 
THE 
PHILIPPINES 
OR 
P ARAMILIT ARY 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; 
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b) ANY 
ELECTED 
OFFICIAL 
OR 
APPOINTED OFFICIAL PERFORMING A 
PUBLIC 
FUNCTION, 
WHEN 
THE 
OFFENDER TOOK ADVANTAGE OF HIS 
POSITION 
TO 
FACILITATE 
THE 
COMMISSIQ,N OF THE CRIME; 
c) ANY 
PERSON 
WITH 
MORAL 
ASCENDAt~~Y 
OR 
POSSESSING 
SIGNIFIC~~ 
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 o[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; 
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; AND 
12) WHEN THE ACT OF RAPE IS COMMITTED 
BY TWO OR MORE PERSONS, ACTING TOGETHER. 
["Raj3e umler paragraph 2 of the next preceding article shall be punished 
by prision mayor. 
"\l,lhenever the rape is oommitted with the use of a deadly weaj30n or by 
tVfO or more persons, the penal~: shall be prision mayor to reclusion 
temporal. 
"'Nhen by reason or on the occasion ~e 
faj30, the victim has become 
insane, the penalty shall be reolusion temporal. 
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!!.Whea the mpe-fs-att-efflj3t-ed-at1€l--tt-homicide is eommitted by reasoa of oa 
the oeeatlioa thereof, the poaalty shall be reelusioa temporal to reclusien 
perpe/ua. 
"'.'ihoa by reasoa or oa the oeeasioa ofthe rape, homieide is sommitted, the 
jlOflalty shall be reell/sien perpehia. 
"Ree1usion temporal shall be imposed if the rape is semmitted with any of 
the ten aggravatiagl qualifyiag sireumstanses mentioned in this artiele. 
THE PENALTIES IMPOSED IN THIS SECTION SHALL BE 
SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO. 9346, 
OTHERWISE 
KNOWN 
AS 
AN ACT PROHIBITING 
THE 
IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES. 
"Artisle 268 C. Effeet of Pardon. The soosequellc valid marriage between 
the offended party shall extinguish the eriminal astion or tho ponalty 
iI11flosed. 
"In sase it is the legal husband who is the offender, the subsequent 
forgiveness by the wife as the offended ~arty shall extinguish the eriminal 
astion or the ponalty: Provided, Thact the erime shall not be extinguished or 
the penalty shall not be abated if the m\,iage is void ab initio. 
"Artiele 266 D. Presumptions. 
Any)hysieal overt aCe manifesting 
resistanse against the act ofrape in any degree from the offended party, or 
where tho offeaded party is so situated as to reader her/him ineapable of 
giviag valid sonsent, may be aeeeptod as evidenee in tho prosesution ofilie 
aets punished under Artie1e 266 A."] (As amended by Republic Act No. 
8353,30 September 1997) 
SECTION 2. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 3. Repealing Clause. - All laws, decrees, orders, proclamation, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, 
amended, or modified accordingly. 
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SECTION 4. Effectivity Clause. - This Act shall take effect fifteen days (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
Itmdp7Nov20 14