FIFTEENTH (.::ONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1500 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
{I,/ 
Under Executive Order no. 209, also known as the Family Code, Articles 37 and 38, 
incestuous marriages are void ab initio for being contrary to public policy. 
Act No. 3135, as amended, also known a the Revised Penal Code, Article 335 par.7 no.! 
impose the death penalty for rape 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." 
However, under the abovementioned circumstances there is no law which penalizes 
incestuous relations between consenting parties eighteen (18) year of age and above. 
This bill criminalizes such sexual relation because they are contrary to public policy and 
public morals. It also responds to reports of rising incest statistics among families of overseas 
contract workers. * 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA'lJ\ 
S. No. 1\)00 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CRIMINALIZING INCESTUOUS SEXUAL RELATIONS 
(i/ 
, v 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Anti-Incest Act." 
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SECTION 2. Coverage. - The consent of both parties notwithstanding, incestuous sexual 
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relations are prohibited between the following who have knowledge of their relationship and are 
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eighteen (18) years of age and above: 
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(A) between ascendant and descendant of any degree; 
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(B) between brothers and sister, whether of the full or halfblood; 
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(C) between collateral blood relatives, whether legitimate or illegitimate, up to the fourth 
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civil degree; 
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(D) between step-parents and step-children; 
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(E) between parents-in-law and children-in-law; 
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(F) between the adopting parent an the adopted child; 
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(G) between the surviving spouse of the adopting parent an the adopted child; 
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(H) between the surviving spouse of the adopted child and the adopter; 
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(I) between an adopted child and a legitimate child of the adopter; and 
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(J) between adopted children ofthe same adopter. 
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SECTION 3. Penalties. - The ascendant, elder brother or sister, elder blood relative, step-
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parent, parent-in-law, adopting parent, or surviving spouse fthe adopting parent convicted under 
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Section 2 shall be punished by prision correccional in its minimum and maximum periods. 
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The descendant, younger brother or sister, younger blood relative, stepchild, son or 
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daughter-in-law, the adopted, or the surviving spouse of the adopted shall be punished two 
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degrees lower ifhe or she is between the ages of eighteen (18) and twenty-five (25) at the time of 
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the sexual relation. 
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The maximum penalty a provide in the above paragraph shall be imposed when the 
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incestuous sexual relation occur while the spouse of the ascendant, step-parent, parent-in-law, 
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adopting parent, or the adopted is employed in another city, municipality, or province, with a 
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radius of at least 150 kilometers from his or her habitual residence or is employed abroad. 
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SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with the provision of this Act is hereby repealed, modified or amended accordingly. 
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. SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the la or the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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