FOURTEENTH CONGRESS OF THE REPUSLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. B. No. sENAI!3 
5 3 
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Introduced by Senator Miriam Defensor Santiago 
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. 3135, as amended, also known a the Revised Penal Code, Article 335 par.7 no.1 
impose 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 
incestuous relations between consenting parties eighteen (18) year of age and above. 
This bill criminalizes such sexual relation because they are contrary to public policy and 
public morals. It also responds to reports of rising incest statistics among families of overseas 
contract workers." 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S.B.No. .1t3C,3 
' K -  
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CRIMJNALIZING INCESTUOUS SEXUAL RELATIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title, - This Act shall be known as the "Anti-Incest Act of 2007." 
SECTION 2. Coverage. - The consent of both parties notwithstanding, incestuous sexual 
relations are prohibited between the following who have knowledge of their relationship and are 
eighteen (18) years of age and above: 
(A) between ascendant and descendant of any degree; 
(B) between brothers and sister, whether of the full 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; 
(F) between the adopting parent an the adopted child; 
(G) between the surviving spouse of the adopting parent an the adopted child; 
(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. 
SETION 3. Penalties. - The ascendant, elder brother or sister, elder blood relative, step- 
parent, parent-in-law, adopting parent, or surviving spouse f the adopting parent convicted under 
Section 2 shall be punished byprision correccional in its minimum and maximum periods. 
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The descendant, younger brother or sister, younger blood relative, stepchild, 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 relation. 
The maximum penalty a provide in the above paragraph shall be imposed when the 
incestuous sexual relation 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 from his or her habitual residence or is employed abroad. 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the la or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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