THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
6 JUN -7 
Plii :?5 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
Under Article 344 of the Revised Penal Code, as amended, the 
marriage of the offender with the offended party shall extinguish the 
criminal action for rape or remit the penalty already imposed upon him, to 
wit: 
'ART. 344. Prosecution of the crimes of adultety, 
concubinage, seduction, abduction, rape and acts of 
lasciviousness. - xxx. 
xxx 
xxx 
xxx 
xxx 
xxx 
xxx 
In 
cases 
of seduction, 
abduction, 
acts 
of 
lasciviousness and rape, the marriage of the offender with 
the offended party shall extinguish the criminal action or 
remit the penalty already imposed upon him. 
The 
provisions of this paragraph shall also be applicable to the 
co-principals, accomplishes and accessories after the fact 
of the above-mentioned crimes. " 
The marriage by the offender with the rape victim should cease to 
be a legal sanctuary for rapists. This exculpatory marriage is against the 
rationale underlying all penalties - retribution and deterrence of crimes. 
The penalty on rape is intended to punish the offense against public 
morality and the transgression of the honor and dignity of the rape victim 
as well as her/his family. 
Moreover, such marriage does not uphold the inviolability of 
marriage as a social institution enshrined in the Family Code (Executive 
Order 209, as amended). Such marriage should be deemed as a null and 
void marriage on the ground of lack of consent or vitiated consent. 
Obviously, the rapist is compelled to marry the victim to escape 
criminal liability (Art. 344). On the other hand, the rape victim agrees to 
the marriage to save her family and herself from sorrow, disgrace, trauma 
and humiliation. 
This bill seeks to strengthen the penal provisions on rape by 
depriving the rapist of invoking the marriage with the victim as a legal 
shelter for escaping criminal prosecution for his evil deed. This is in 
conformity with the penal principle that one's criminal liability is 


determined at the time the criminal act or omission is committed and not 
subsequently. Such marriage does not promote public order and morality 
and is not productive of marital relations. Moreover, this bill precludes the 
rapist from profiting from his misplaced gambhe that his marriage with his 
victim will eventually spare him from any criminal liability that he would 
have otherwise incurred for the detestable crime of rape. 
Accordingly, the 
urgent passage of this bill is hereby 
recommended. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
23c.l“ 
S. No. 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT STRENGTHENING FURTHER THE PENAL 
PROVISION ON RAPE BY DlSAUTHORlZlNG MARRIAGE 
BY THE OFFENDER WITH THE RAPE VICTIM AS A 
LEGAL GROUND FOR ESCAPING CRIMINAL 
LIABILITY THEREFOR AMENDING FOR THIS PURPOSE 
ARTICLE 344 OF THE REVISED PENAL CODE, AS AMENDED 
11- 
Be,,enacted 
by the Senate and House of Representatives of the 
Section 1. Article 344 of Act No. 3815, as amended, otherwise 
known as the “Revised Penal Code” is hereby further amended to read as 
follows: 
Philippines in congress assembled: 
“ART. 344. Prosecution of the crimes of adultery, 
concubinage, seduction, rape and acts of lasciviousness. - 
The crimes of adultery and concubinage shall not be 
prosecuted except upon a complaint filed by the offended 
spouse. 
The 
offended 
party cannot institute criminal 
prosecution without including both the guilty parties, if they 
are both alive, nor, in any case, if he shall have consented 
or pardoned the offenders. 
The offenses of seduction, abduction, rape or acts of 
lasciviousness, shall not be prosecuted except upon a 
complaint filed by the offended party or her parents, 
grandparents, or guardian, nor, in any case, if the offender 
has been expressly pardoned by the above named 
persons, as the case may be. 
In cases of seduction, abduction [,I AND acts of 
lasciviousness, [and rape’] the marriage of the offender with 
the offended party shall extinguish the criminal action or 
remit the penalty already imposed upon him. 
The 
provisions this paragraph shall also be applicable to the co- 
principals, accomplices and accessories after the fact of the 
above-mentioned crimes. 
Section 2. Any law, decree, order, rule or regulation or part thereof 
which is inconsistent with this Act is hereby repealed or modified 
accordingly. 


Section 3. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation, whichever comes earlier. 
Approved,