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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PlIIUPPINES . 
) 
First Regular Session 
) 
SENATE 
S. No. 1B79 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 13 provides: 
The State recogpizes 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 Convention on the Rights of the Child provides for minimum standard of protection 
of children against sexual abuse and exploitation. The Philippines, in compliance with its state 
obligation has provided legislative measure to address the child sexual abuse and exploitation 
which the United Nations Committee on the Rights of the Child characterized as a "relatively 
advanced legal framework." Nevertheless, the Committee still has grave concerns about the 
sexual exploitation of children, including growing child prostitution, and the reported cases of 
child pornography in the state party." 
More specifically, the Committee observes that the "minimum age of sexual consent" is 
not "clearly established" in the law and that the Revised Penal Code "imposes maximum 
penalties for sexual offenses when the victim is under twelve (12) years of age but imposes lower 
penalties for sexual offenses against minors over twelve (12) years of age." Thus, the Committee 
recommends that the Philippines review its domestic legislation on children's protection against 
~exual abuse and exploitation including providing equal sanctions to all sexual offenders. It 
likewise recommends that the Philippines "set a clearly defined minimum age of sexual consent 
at an internationally acceptable level in its domestic law." 
Based on a comparative observation, the Philippines has one of the lowest minimum age 
established in determining statutory sexual abuses committed against children. Existing 
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legislation also provides differential treatment on children in terms of application of particular 
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provisions of sexual abuse.protection laws and in terms of imposition of thcse laws when a child 
is below or above the minimum age of consent. Pursuant to the obligation of the Philippines 
under the Convention on the Rights of the Child, this bill amends the provision of the Revised 
Penal Code by raising the minimum ag" of consent to determine statutory rape to below 16 years 
of age. In this regard, it amends or repeals the other provisions of the Revised Penal Code, as 
well as special laws with the attempt to address the disparity in the treatment of those persons 
• who are below twelve (12) years old and those twelve (12) years but below 18 years of age. 
The Committee did not state the particular age that is acceptable at the international level 
but a comparative observation of other countries' laws around the world shows that the 
Philippines has one of the lowest minimum age for determining statutory rape: 
Lw,- 4, ~: ... ~ J~~ 
MIRIAM DEF~~SOR s~~m~u 
.(j.!.Y 
• This bill was originally filed in the FOlllteenth Congress. 
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" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1879 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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INCREASING THE AGE FOR DETERMINING STATUTORY RAPE TO PROVIDE 
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STRONGER PROTECTION FOR CHILDREN, AND AMENDING FOR THIS PURPOSE 
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ACT NO. 3815, AS AMENDED, ALSO' KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives ()f the Philippines in 
Congress assembled: 
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SECTION 1. Act No. 3815, as amended, otherwise known as the Revised Penal Code, 
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Article 266-A (I) (d) is hereby amended to read as follows: 
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"ArticlF! 266.-A. Rape, When and How Committed. - Rape is committed: 
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I. By a man who shall have carnal knowledge of a woman under any of 
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the following circumstances: 
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xxx . xxx 
xxx 
, 
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(d) When the offended party is under SIXTEEN (16) [twelve (12)1 years 
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of age or is demented, even though none of the circumstances mentioned above be 
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present." 
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SECTION 2. Repealing Clause. - All laws, acts, presidential decrees, executive orders, 
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administrative orders, rules, and regulations inconsistent with or contrary to this Act are deemed 
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amended, modified, or repealed accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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