EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE 
S.B. No. I853
B
FILED
TH.1E
Introduced by Senator Richard 3. Gordon
AN ACT INCREASING THE AGE FOR DETERMINING STATUTORY RAPE AND 
OTHER ACTS OF SEXUAL ABUSE AND EXPLOITATION TO PROTECT 
CHILDREN AND AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 3815, 
AS AMENDED, ALSO KNOWN AS THE REVISED PENAL CODE, AND 
REPUBLIC ACT NO. 7610, ALSO KNOWN AS THE SPECIAL PROTECTION OF 
CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT.
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5EPJ
EXPLANATORY NOTE
Article II, Section 13 of the 1987 Constitution provides that, "The State 
recognizes the vital role of the youth in nation-building and shall promote and protect 
their physical, moral, spiritual. Intellectual, and social well-being. It shall inculcate in 
the youth patriotism and nationalism, and encourage their involvement in public and 
civic affairs."
The Philippines is a party to the Convention on the Rights of a Child which obliges 
all State parties to take all measures to protect children from all forms of sexual 
exploitation and sexual abuse. Children experience sexual violence in a variety of 
settings, perpetrated by family members, partners, peers and strangers.
The first National Baseline Study on Violence Against Children conducted in 2015, 
which was led by the Council for the Welfare of Children (CWC) revealed that one in 
every five children (17.1%) aged 13-17 years old experienced sexual violence, while 
124 (one in 25 or 3.2%) of all respondents experienced forced consummated sex 
during childhood. The study also revealed that the perpetrators are often farnily 
members and that more boys (65.2%) than girls (60.4%) reported experiencing 
sexual violence.
The Philippines has one of the lowest age of sexual consent in the world. The 
Revised Penal Code of the Philippines provides that statutory rape is committed when 
the offended party is under 12 years of age.


This bill seeks to provide stronger protection for children from sexual abuse. It 
accordingly aims to increase to fifteen (15) years from the current twelve (12) years 
the age for determining the crime of statutory rape and other acts of sexual abuse 
and exploitation, wherein for reasons of his or her age, the consent of the victim, even 
if present or was presumed given, cannot be used in defense of the offender.
This bill seeks to ensure that the appropriate protection against sexual violence 
will be prioritized and gifted to every child in the Philippines.
sought.
It is for the reasons stated above that the passage of this measure is earnestly
D J. GORDON
Senator


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE 
S. No. 1853
Introduced by Senator Richard J. Gordon
R
FILED
DATE
TJME
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AN ACT INCREASING THE AGE FOR DETERMINING STATUTORY RAPE AND 
OTHER ACTS OF SEXUAL ABUSE AND EXPLOITATION TO PROTECT 
CHILDREN AND AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 3815, 
AS AMENDED, ALSO KNOWN AS THE REVISED PENAL CODE, AND 
REPUBLIC ACT NO. 7610, ALSO KNOWN AS THE SPECIAL PROTECTION OF 
CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT.
Be it enacted by the Senate and the House of Representatives of the Phiiippines in
Congress assembied:
SECTION 1. Tide -This Act shall be known as the "Age of Statutory Rape and Other 
Sexual Abuse Act."
SEC. 2. Article 266-A (l)(d) of Republic Act No. 3815, otherwise known as the Revised 
Penal Code, is hereby amended to read as follows:
"Article 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:
XXX
(d) When the offended party is under FIFTEEN (15) [twelve^ 
years of age or is demented, even though none of the 
circumstances mentioned above be present."
SEC. 3. Article 337 of Republic Act No. 3815, otherwise known as the Revised Penal 
Code, is hereby amended to read as follows:
"Article 337. Qualified Seduction. - The seduction of a virgin FIFTEEN (15) 
[over twelve} years and under eighteen years of age, committed by any person 
in public authority, priest, home-servant, domestic, guardian, teacher, or any 
person who, in any capacity, shall be entrusted with the education or custody 
of the woman seduced, shall be punished by prision correccionai in its 
minimum and medium periods.


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XXX."
SEC. 4. Article 338 of Republic Act 3815, otherwise known as the Revised Penal Code, 
is hereby amended to read as follows:
"Article 338. Simple Seduction. - The seduction of a woman who is single or a 
widow of good reputation, RFTEEN (15) [over-twelvej but under eighteen 
years of age, committed by means of deceit, shall be punished by arresto 
mayor."
SEC. 5. Article 342 of Republic Act No. 3815, otherwise known as the Revised Penal 
Code, is hereby amended to read as follows:
"Article 342. Forcible abduction. - The abduction of any woman against her will 
and with lewd designs shall be punished by reclusion temporal.
The same penalty shall be imposed in every case, if the female abducted be 
under FIFTEEN (15) [twelve] years of age."
SEC. 6. Article 343, otherwise known as the Revised Penal Code, is hereby amended 
as follows:
"Article 343. Consented abduction - The abduction of a virgin FIFTEEN (15) 
[over twelve] years and under eighteen years of age, carried out with her 
consent and with lewd designs, shall be punished by the penalty of prision 
correctional\\\ its minimum and medium periods."
SEC. 7. Section 5 of Repubiic Act No. 7610, otherwise known as the Special Protection 
of Chiidren Against Abuse, Expioitation and Discrimination Act, is hereby amended to 
read as follows:
"Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether 
male or female, who for money, profit, or any other consideration or due to 
the coercion or influence of any adult, syndicate or group, indulge In sexual 
intercourse or lascivious conduct, are deemed to be children exploited in 
prostitution and other sexual abuse.
XXX
(b) Those who commit the act of sexual intercourse of lascivious 
conduct with a child exploited in prostitution or subject to other 
sexual abuse; Provided, That when the victims is under FIFTEEN (15) 
[twelve (12)] years of age, the perpetrators shall be prosecuted 
under Article 335, paragraph 3, for rape and Article 336 of Act No. 
3815, as amended, the Revised Penal Code, for rape or lascivious 
conduct, as the case may be: Provided, That the penalty for


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lascivious conduct when the victim is under FIFTEEN (15) {twelve 
years of age shall be reclusion temporal\n its medium period; 
and
XXX"
SEC. 8. Section 10 of Republic Act No. 7610, is hereby amended to read as follows:
"Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other 
Conditions Prejudicial to the Child's Development. -
XXX
(b) Any person who shall keep or have in his company a minor, 
FIFTEEN (15) [twelve (12)] years or under or who in ten (10) years 
or more his junior in any public or private place, hotel, motel, beer 
joint, discotheque, cabaret, pension house, sauna or massage parlor, 
beach and/or other tourist resort or similar places shall suffer the 
penalty of prision mayor\o its maximum period and a fine of not less 
than Fifty Hundred Thousand Pesos (P50,000): Provided, That this 
provision shall not apply to any person who is related within the 
fourth degree of consanguinity or affinity or any bond recognized by 
law, local custom and tradition or acts in the performance of a social, 
moral or legal duty.
XXX"
SEC. 9. Repealing Clause. - Republic Act No. 7610, Section 5(b) and Section 10(b), 
Republic Act No. 3815, Articles 337, 338, 339, 340, 342 and 343, and all laws, acts, 
presidential decrees, executive orders, administrative orders, rules and regulations or 
other issuances inconsistent with or contrary to the provisions of this Act are hereby 
amended, modified or repealed accordingly.
SEC. 10. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting.
SEC. 11. Effectivity Clause. This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved