23TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. NO. 
754 
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INTRODUCED BY HON. MANUEL B. VELAR, JR. 
EXPLANATORY NOTE 
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. 3815, as amended, also known as the Penal Code, Article 335 par. 7 No. 1 
imposes 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 
sexual relations between consenting parties eighteen (1 8) 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. 


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13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
754 
3s. NO. 
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INTRODUCED BY HON. MANUEL B. VELAR, JR. 
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ANTI-INCEST ACT 
Be it enacted by the Senate and the House of Representatives in Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "Anti-Incest Act." 
SECTION 2. Coverage. Incestuous sexual relations with consent are 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 hll or half blood; 
(c) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil 
degree; 
(d) Between step-parents and step-children; 
(e) Between parents-in-law and children-in-law; 
(0 Between the adopting parent and the adopted child; 
(g) Between the surviving spouse of the adopting parent and the adopted child; 
(h) Between the surviving spouse of the adopted child and the adopter; 
(1) Been an adopted child and a legitimate child of the adopter; and 
0) Between adopted children of the same adopter. 
SECTION 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 


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Section 2 shall be punished by Prision Coneccional in its minimum and maximum periods. 
The descendant's 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 o f  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 when the incestuous 
sexual relations occur while the spouse of the ascendant, step-parent, parent-in-law, adopting 
parent, ,or the adopted is employed in another city, municipality, or province, with a radius of at 
least 150 kilometers fiom his or her habitual residence or is employed abroad. 
SECTION 4. Separability Clause. If any provision, or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid ahd subsisting. 
SECTION 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. 
SECTION 6. Effectivity Clause. This Act shall take effect fifteen (1 5 )  days after its publication 
in at least two (2) newspapers of general circulation. 
Approved.