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FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
} 
;7 JU? -3 PS:29 
OF THE PHILIPPINES 
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Originally penalized under Article 335 of the Revised Penal Code as a 
felony against chastity, the felony of rape has been transferred to Articles 
266-A up to 266-D, Title Eight, Book I1 of the RPC. Its inclusion in Title 
Eight of Book I1 indicates the vital change brought by RA 8353 or the “Anti - 
Rape Act of 1997” --- rape is now a felony against persons. It placed 
emphasis on the fact that rape is a violation of the dignity of every person, 
irrespective of gender. Under the present law, the felony of rape is committed 
in two (2) ways: a) carnal knowledge by a man of a woman, and b) sexual 
assault by one against another, regardless of gender. 
The second mode is significant for it now recognizes rape thru the 
insertion of the “penis into another person’s mouth or anal orifice,” 
and rape thru the insertion of “any instrument or object, into the 
genital or anal orifice of another person.” This proviso, however, did not 
contemplate a situation where a finger or any body part other than the 
genitalia is inserted into the female organ. 
On 28 September 2000, the Department of 
Justice 
issued 
Memorandum Circular No. 22, providing guidelines on the interpretation of 
RA 8353. It opined that under the law “the insertion of a finger into a 
woman’s vagina is not rape.” 
This issue was laid to rest when the Supreme Court in People v 
Palma [11 December 2003 (G.R. No. 148869-74)] ruled that insertion of a 
finger now constitutes rape with sexual assault. 
Although the provision leaves no room for doubt as to its proper 
interpretation owing from the recent jurisprudence, Congress must still 
perform its task to amend the law and put in place the necessary wordings. 
Therefore, I urge my colleagues to pass this measure. 
EDGARDO i. ‘ANGARA 
Senator 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
} ’ 7 
First Regular Session 
1 
OF THE PHILIPPINES 
JUL -3 P5 ‘29 
SENATE 
S. No. 
867 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT AMENDING REPUBLIC ACT NO. 8353, OTHERWISE 
KNOWN AS “THE ANTI - RAPE LAW OF 1997” 
Be enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Section 2 of Republic Act No. 8353, otherwise known as 
the “Anti - Rape Law” is hereby amended to read as follows: 
Chapter I11 
RAPE 
ART. 266-A. Rape, When and How Committed. - Rape is 
committed- 
1) 
By a man who shall have carnal knowledge of a woman under 
any of the following circumstances: 
a) 
b) 
Through force, threat, or intimidation; 
When the offended party is deprived of reason or is 
otherwise unconscious; 
By means of fraudulent machinations or grave abuse of 
authority; 
When the offended party is under twelve (12) years of age 
or is demented, even though none of the circumstances 
mentioned above be present. 
c) 
d) 
2) 
By any person, who under any of the circumstances mentioned 
in paragraph 1 hereof, shall commit an act of sexual assault by 
inserting his penis into another person’s mouth or anal orifice, 
or any instrument, [or] object, OR ANY OTHER PART OF 
THE BODY into the genital or anal orifice of another person.” 
SECTION 2. Separability Clause. If any provision of this Act or an 
application thereof to any person or circumstance is held to be invalid, the 
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other provisions of this Act, and the application of such provision to other 
persons or circumstances, shall not be affected thereby. 
SECTION 3. Repealing Clause. All existing laws, orders, rules and 
regulations or parts thereof deemed inconsistent with the provisions of this 
Act are hereby repealed, amended, or modified accordingly. 
SECTION 4. Effectivity Clause. This Act shall take effect fifteen (15) 
days following its complete publication in the Official Gazette or in at least 
two (2) newspapers of general circulation. 
Approved, 
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