Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSEB|LLNo.   9083
Introduced by 4Ps Partylist Representative
|C M. ABALOS
EXPLANATORY NOTE
Rape, a heinous criminal offense, is beyond being mere sexual violence; it is a
grave transgression of an individual's human dignity. Lamentably, the majority of
rape victims are women.
Republic  Act No.  8353,  also known as the Anti-Rape Law of 1997, brought
about a significant transformation by reclassifying rape as a crine against persons
instead of a crime against chastity. This profound shift meant that rape is no longer
considered  a  private  matter;  it  grant  anyone  with  knowledge  of  the  crime  the
authority to initiate legal proceedings on behalf of the victim, irrespective of whether
the victim choose to pursue the case personally.
Despite the progressive intent, Article 266-C of the said law introduced the
"forgiveness clause," which states that "the subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action of rape or the
penalty imposed." This provision appears inconsistent with the law's reclassification
of rape as a public crime. It raises the question: If criminal liability is extinguished by
marriage or forgiveness in cases of already married couples, what was the purpose
of converting it into a public crime if it hinders the State and other interested parties
from pursuing legal proceedings?
Further, this provision, internationally recognized as the "marry-your-rapist"
or  "rape-marriage"  law,  was  criticized  by  the  United  Nations  for  perpetuating
patriarchal norms - impeding women's agency in decision-making processes. While


progress  has  been  made  globally  in  repealing  or  amending  such  laws,  the 2021
United Nations Population Fund (UNFRA) report sadly noted that the Philippines,
along with 19 other nations, maintains this type of legislation. Hence, considering its
inconsistency with the current status of rape as a public crime under the Anti-Rape
Law of 1997, the repeal of Article 266-C is warranted.
However,  repealing  the  forgiveness  clause  alone  is  an  insufficient  legal
remedy, given that the incidents of rape prior to marriage remain intact. Thus, it is
imperative  to  introduce  supplementary  grounds  for  the  annulment  of marriages
stemming  from  the  commission of rape.  Instances have arisen where victims  are
coerced into marrying their offenders, with some believing it can avert various forms
of  shame  or  adverse  consequences.  Although  an  existing  ground  for annulment
exists when the consent of either party is obtained through force, intimidation, or
undue influence, it does not adequately address the intricate and coercive nature of
such scenarios when rape is involved. This bill then seeks to provide a legal remedy
by adding the commission of rape by either party prior to marriage as a  ground for
annulment, acknowledging that the victim's initial consent was not freely given. This
proactive  measure  is  of  paramount  importance  in  bolstering  the  protection  of
victims,  particularly  those  who  may  require  additional  time  and  resources  to
effectively initiate legal proceedings.
In accordance with both the Constitution and the international obligations of
the State to uphold human rights principles, this bill proposes the repeal of Article
266-C   of   RA   8353,   otherwise   known  as  the  Anti-Rape   Law   of  1997,  while
simultaneously proposing amendments to Articles 45 and 47 of EO 209, known as
the Family Code of the Philippines.
In view of the foregoing, support for this bill is earnestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL No.  9 0 8 3
Introduced by 4Ps Partylist Representative
|C M. ABALOS
AN ACT
PROTECTING RAPE VICTIMS AGAINST COERCEDMARRIAGE BY
REMOVING PARDON AS A GROUND T0 EXTINGUISH CRIMINAL
LIABILITY AND ADDING COERCION AS A CONSEQUENCE 0F RAPE AS A
GROUND FOR ANNULMENT, REPEALING FOR THE PURPOSE ARTICLE
266-C 0F  REPUBLIC ACT NO. 8353, AS AMENDED, OTHERWISE KNOWN AS
"THE ANTI-RAPE LAW 0F 1997," AND AMENDING ARTICLES 45 AND 47 0F
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS ``THE FAMIIjY CODE
0F THE PHILIPPINES"
Be  it  enacted by  the  Senate  and  House  Of Rapresentatives  Of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall be otherwise known as ``An Act Protecting
Rape Victims Against Coerced Marriage. "
SEC.  2.  Article  266-C  of  the  Republic  Act  No.  8353,  otherwise  known  as  ``The
Anti-Rape Law of 1997," as amended, is hereby repealed.
SEC.  3.  Article  45,  Title  I,  Chapter  3  of  the  Executive  Order No.  209,  otherwise
known  as  ``The  Family  Code  of the  Philippines"  is  hereby  amended  to  read  as
follows:
``Art. 45. A marriage may be annulled for any of the following causes, existing
at the time of the marriage:


(1) That the party in whose behalf it is sought to have the marriage annulled
was eighteen years of age or over but below twenty-one, and the marriage
was  solemnized  without  the  consent  of  the  parents,  guardian  or  person
having substitute parental authority over the party, in that order, unless after
attaining the age of twenty-one,  such party freely cohabited with the other
and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party
afterwards,  with  full  knowledge  of the  facts  constituting  the fraud, freely
cohabited with the other as husband and wife;
(4)  That the consent of either party was obtained by force,  intimidation or
undue influence, unless the same having disappeared or ceased, such party
thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage
with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found
to be serious and appears to be incurable. (85a)
(7) THAT EITHER PARTY WAS COERCED INTO CONSENTING TO ENTER
INTO A MARRIAGE AS A CONSEQUENCE OF RAPE, IRRESPECTIVE OF
THE  PARTY'S SUBSEQUENT DECISION TO MAINTAIN COHABITATION
i^rlTH TIIE PARTNER VVHO PERPETRATED THE ACT OF RAPE.
SEC.  4.  Article  47,  Title  I,  Chapter  3  of  the  Executive  Order No.  209,  otherwise
known  as  ``The  Family  Code  of  the  Philippines"  is  hereby  amended  to  read  as
follows:
``Art. 47. The action for annulment of marriage must be filed by the following
persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent
or guardian did not give his or her consent, within five years after attaining
the age of twenty-one, or by the parent or guardian or person having legal
charge of the minor, at any time before such party has reached the age of
twenty-One;


(2) For causes mentioned in number 2 of Article 45, by the same spouse, who
had no knowledge of the other's insanity; or by any relative or guardian or
person having legal charge of the insane, at any time before the death of either
party, or by the insane spouse during a lucid interval or after regaining sanity;
(3)  For  causes  mentioned  in  number  3  of Article 45, by the injured party,
within five years after the discovery of the fraud;
(4)  For  causes  mentioned  in number  4 of Article 45, by the injured party,
within  five years from the time the force, intimidation or undue influence
disappeared or ceased;
(5)  FOR CAUSES MENTIONED  IN NUMBER 7 0F ARTICLE 45,  BY  THE
IN|uRED pART¥, VITHIN TWEr`ITv ¥EARs FROM THE CoMMlssloN oF
THE CRIME OF RAPE."
SEC.  5.  Separability  Clause.  -  If  any  portion  or  provision  of  this  Act  is  held
unconstitutional  or  invalid,  the  remaining  portions  or  provisions  shall  not  be
affected.
SEC.  6.  Repealing Clause.  -  All laws, acts, presidential decrees, executive orders,
administrative  orders,  rules  and  regulations  inconsistent  with  or  contrary to the
provisions of this Act are deemed amended, modified, or repealed accordingly.
SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after completion of its
publication in two (2) newspapers of general circulation.
Approved,