SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Reguiar Session 
) 
) 
) 
'13 
,JUL -8 n8 :50 
SENATE 
Senate Bill No. 
544 
'I) nv:~,:, 
O~' 
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INTRODUCED BY SEN. JINGGOY EJEiRCITO ESTRADA 
EXPLANATORY NOTE 
Under Articles 37 and 38 of Executive Order No. 209 also know9 as the 
Family Code of the Philippines, incestuous marriages are void ab initio for being 
contrary to public policy. 
i 
On the other hand, Article 335 (par. 7 No.1) of Act No. 3815, as 
amended, also known as the Penal Code imposes previously 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 above-mentioned circumstances there is no law which 
penalizes sexual relations between consenting parties eighteen (18) years of age 
and above. 
This bill criminalizes such sexual relations because they are contrary to 
public morals and public policy. It also responds to reports of rising incest 
statistics among families of overseas contract Workers. 
In view of the foregoing, immediate enactment of this bill is earnestly 
solicited. 
OY EJERCITO ESTRADA 
Senator 


-./'--
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 
5 4 'I 
13 JUL -8 A8 :50 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT PENALIZING INCEST 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Anti·lncest 
Act". 
SEC. 2. Coverage. - Incestuous sexual relations with consent are 
unlawful and prohibited between the following parties who have knowledge of 
their relationship and are eighteen (18) years of age and above: 
a) between ascendants and descendants of any degree; 
b) between brothers and sisters, whether of the full or half blood; 
c) between collateral blood relatives, whether legitimate or iIIegitim~te, up to 
the fourth civil degree; 
. 
d) between step-parents and step-children; 
e) between parents-in-law and children-in-Iaw; 
f) between the adopting parent and the adopted child; 
g) between the surviving spouse of the adopting parent and the adopted 
child; 
h) (h) between the surviving spouse of the adopted child and the adopter; 
i) between an adopted child and a legitimate child of the adopter; and 
j) between adopted children of the same adopter. 
SEC. 3. Penalties. - The ascendant, elder brother or sister, elder blood 
relative, step-parent, parent-in-law, adopting parent, or surviving spouse of the 
adopting parent convicted under Section 2 shall be punished by prision 
correctional in its minimum and maximum periods. 


The descendant, younger brother or sister, younger blood relative, step-child, 
son or daughter-In-law, the adopted, or the surviving spouse of the adopted shall 
be punished two degrees lower if he or she is between the ages of eighteen (18) 
and twenty five (25) at the time of the sexual relations. 
The maximum penalty as provided in the above paragraph shall be imposed 
whE;)n thE;) inCE;)$tuOU$ $exual rE;)lation$ occur while the $pouse of the a$cendant. 
step-parent, parent-in-law, adopting parent, or the adopted is employed in 
another city, municipality or province, with a radius of at least one hundred fifty 
(150) kilometers from his or he habitual residence or is employed abroad. 
SEC. 4. Separability Clause. - If any provision, or part hereof is helQ invalid 
or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SEC. 5. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,