TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
tii'a ■!' u[ f
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SENATE
S. No. 1053
25 AUG-6 P2 30
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF RAPE, 
AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, AND 
REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The evolving landscape of social norms, legal principles, and human rights 
standards has necessitated critical reforms in our legal system, particularly in the 
definition and prosecution of grave offenses such as rape. While past laws have 
provided foundational protections, emerging insights into the nature of sexual violence 
and the experiences of survivors reveal significant gaps in our existing legal 
framework. To uphold justice and ensure the dignity and safety of every individual, it 
is essential that our laws reflect contemporary realities.
This measure seeks to revise and strengthen the definition of the crime of rape 
by amending pertinent provisions of the Revised Penal Code. This measure aims to 
align legal definitions and penalties with modern understandings of consent, coercion, 
and personal autonomy. By doing so, it reinforces the state's commitment to 
protecting individuals from violations that not only inflict deep personal harm but also 
erode the moral fabric of our society.


Previously filed by Senator Grace Poe in the 19th Congress, this measure 
exemplifies the need for a responsive and robust legal system—one that evolves 
alongside the needs and values of the people it serves.
In view of the foregoing, the immediate passage of this bill is earnestly sought
JINGGOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
. SSI r oi
)
SENATE
S. No. 1053
25 AUG-6 P2 :31
i<LC; . .
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF RAPE, 
AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, AND 
REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. - Article 266-A of Act No. 3815, otherwise known as the Revised
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Penal Code, as amended, is hereby further amended as follows:
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"Art. 266-A. Rape, When and How Committed. - Rape
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is committed [t] BY A PERSON WHO SHALL INSERT, OR
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CAUSE THE INSERTION OF THEIR PENIS, TONGUE,
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FINGER, OR ANY OBJECT OR INSTRUMENT INTO
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ANOTHER PERSON'S INNER OR OUTER LABIA, ANAL
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ORIFICE, OR MOUTH UNDER ANY OF THE FOLLOWING
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CIRCUMSTANCES:
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"A) WHEN THE OFFENDED PARTY DID NOT
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INDICATE FULL AND EFFECTIVE CONSENT BEFORE OR
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CURING THE SEXUAL ACT;
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"B) WHEN THE OFFENDED PARTY WITHDRAWS
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FULL AND EFFECTIVE CONSENT;


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"C) WHEN THE OFFENDED PARTY IS INCAPABLE 
OF INDICATING FULL AND EFFECTIVE CONSENT DUE 
TO BEING DEPRIVED OF REASON OR OTHERWISE 
UNCONSCIOUS.
"D) WHEN THE CONSENT WAS OBTAINED BY 
THE OFFENDER THROUGH THE USE OF VIOLENCE, 
FORCE, THREAT, INTIMIDATION/ DECEPTION, OR 
ABUSE OF AUTHORITY OR MORAL ASCENDANCY;
"E) WHEN THE OFFENDED PARTY, THROUGH 
OVERT VERBAL OR PHYSICAL ACTS, MANIIFESTS 
RESISTANCE TO THE SEXUAL ACT; OR
"F) WHEN THE OFFENDED PARTY IS UNDER 
SIXTEEN (16) YEARS OF AGE OR IS INCAPABLE OF 
GIVING FULL AND EFFECTIVE CONSENT BY REASON 
OF PHYSICAL, MENTAL, OR PSYCHOLOGICAL 
DISABILITY, EVEN THOUGH NONE OF THE 
CIRCUMSTANCES MENTIONED ABOVE ARE PRESENT: 
PROVIDED, THAT THERE SHALL BE NO CRIMINAL 
LIABILITY ON THE PART OF THE PERPETRATOR IF 
THE VICTIM IS SIXTEEN (16) YEARS OF AGE AND 
BELOW; THE AGE DIFFERENCE BETWEEN THE VICTIM 
AND THE PERPETRATOR IS NOT MORE THAN THREE 
(3) YEARS; AND THE SEXUAL ACT IN QUESTION IS 
PROVEN TO BE CONSENSUAL: PROVIDED, FURTHER, 
THAT IF THE VICTIM IS THIRTEEN (13) YEARS OF AGE 
OR BELOW, THIS EXCEPTION SHALL NOT APPLY.
"FOR THE PURPOSE OF THIS ACT, 'FULL AND 
EFFECTIVE CONSENT' SHALL REFER TO WORDS OR 
OVERT ACTIONS BY A PERSON WHICH ARE FREELY 
GIVEN AND DEMONSTRATE WILLINGNESS TO 
PARTICIPATE IN SEXUAL ACTIVITY."


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"[1) By a man who shall have carnal knowledge of q
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woman under any of the following circumGtQncco:]
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"[a) Through force, threat, or intimidation;]
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"[bf -When the offended-party is deprived-of-reason or
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otherwise-unconscious;]
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"[c) By means of fraudulent machination-or-grave abuse of
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authority; and]
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"[d) When the offended party is under twelve (12) years of
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age or is demented, even though none of the circumstances
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mentioned above bo present.]
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"[3^—By—any—person—whe^—under—any—of- the
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elfcumstancoG mentioned in poragraph 1 hereof, shall commit
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an act of sexual assault by inserting his penis into another
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person's mouth or anal orifice, or any instrumont-or object,
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into the genital or anal orifice of another person.]"
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Sec. 2. Article 266-B of the Revised Penal Code, as amended, hereby amended
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to read as follows;
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"Article 266-B. PENALTY. - ANY PERSON WHO
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COMMITS THE CRIME OF RAPE SHALL BE PUNISHED
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BY RECLUSION PERPETUA.
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"[Rape under paragroph 1 of the next preceding article
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shall be punished by reclusion perpetuaj
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"[Whenever the rape is committed with the use of a
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deadly weapon or by two or more persons, the penalty shall
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be reclusion perpetua to death.J
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"[When by reason or on the occasion of the rape, the
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victim has become insane, the penalty sholl become reclusion
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perpetua to death.]
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"[When the rape is attempted and a homicide is
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eemmitted by reason or on the occasion thereof, the penalty
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shali be reclusion perpetua to death.]


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"[When by rcoson or on the occasion of the rape, 
homicide is committed, the penalty shall be death.]
"[The death penalty shall olso be imposed if the crime 
of—rape—is—committed—with—aoy—of—the—following
aggcavating/quolifying circumstDnceG:]
"[1. When the victim is-under eighteen (1-8)-years of 
age and the offendoF 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;]
"[2. When the victim is under the-eustody 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;]
"[d. When the victim is a religious engaged in 
legitimate-religious vocation OK:alling and is personally known
to bo 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) years
etdt]
"[6. When the offender knows that he is afflicted with 
the- Human Immuno—Deficiency Virus (HIV), Acquired
Immune Deficiency -Syndrome-(AIDS) or-any other sexually
transmissible disease and the virus 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 onforcomont agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime;]


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"[8. When by rcason-or- on the occasion of the rape,
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the-victim-has suffered permanent physicol mutilation or
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disability;]
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"[9:- When-the offender knew of the pregnancy of the
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offended party at the time of the commissten-of-the crime;
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and]
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"[10. When-the offender knew of the mental disability,
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emotional disorder and/or physical handicap of the offended
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party- at the time of the commission of the crime.]
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"[Rape under paragraph 2 of the next-prcccding-articic
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shall be punished by prison mayor.]
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"[Whenever the rape is committed with the use of a
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deadly weapon or by-two or more-persons, the penalty shall
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be prison mayor to reclusion temporal.]
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"[When by reason or on the occasion of the rape, the
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victim has become insane, the penalty-shall be reclusion
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temporal.]
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"[When the rape is-attempted- and a homicide is
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committed-by reason or on the occasion thereof, the penalty
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shall be reclusion temporal to reclusion perpetua.]
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"[When by reason or on the occasion of the rape,
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homicide is committed, the penalty shall be reclusion
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perpetua.]
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"[Reclusion-temporal shall be imposed If the rape is
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committed with any of the ten aggravating/qualifying
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circumstances mentioned in this article.]"
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Sec. 3. Article 266-D of the Revised Penal Code is hereby further amended to
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read as follows:
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"Article 266-D. [Presumptions] CIRCUMSTANCES
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NOT ACCEPTED. - THE FOLLOWING CIRCUMSTANCES
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SHALL NEITHER BE CONSIDERED AS MITIGATING


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CIRCUMSTANCES NOR EXEMPT THE OFFENDER FROM
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CRIMINAL ACT;
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"1. WHEN THE OFFENDER IS THE LEGAL
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HUSBAND OF THE VICTIM;
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"2. WHEN THE OFFENDER AND THE OFFENDED
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PARTY HAVE PREVIOUSLY HAD A RELATIONSHIP OR
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ENGAGED IN PRIOR SEXUAL ACTIVITY;
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"3. WHEN THE OFFENDED PARTY DID NOT
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MANIFEST RESISTANCE AGAINST THE ACT THROUGH
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VERBAL OR PHYSICAL ACTION; AND
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"4. WHEN THE SPERMATOZOA FROM THE
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OFFENDER ARE NOT FOUND IN THE OFFENDED
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PARTY'S ORIFICE DURING FORENSIC
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EXAMINATION."
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"[Any physical overt act manifcstffif-Fcsistancc against the
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act of rape in any degree from the offended party, or where
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the offended party is so situated as to render her/him
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incapable of giving valid consent, may- be accepted as
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evidence in the prosecution of the acts punished under Article
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366-A7]"
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Sec. 4. Separability Clause. - If any part, section or provision of this Act is held
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invalid or unconstitutional, other provisions not affected thereby shall remain in full
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force and effect.
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Sec. 5. Repealing Clause. - Article 266-C of the Revised Penal Code is hereby
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repealed in its entirety. All other laws, decrees, orders, issuances and rules and
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regulations or parts thereof inconsistent with the provisions of this Act are hereby
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repealed or modified accordingly.
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Sec. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,