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THIRTEENTH CONGRESS OF THE 
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First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
J -  
SBP 1s ;7?):31 
Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The 1987 Constitution accords the highest recognition to the sanctit of the 
family as a basic autonomous social institution and foundation of our nation. 
Towards this end, the State is mandated to strengthen its solidarity and ctively 
promote its total development, promote and protect the physical, moral, 
spiritual, intellectual and social well-being of the youth and defend the right of 
the children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation, and other 
conditions prejudicial to their development. 
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In his newspaper column, Justice Isagani Cruz once observed: “What 
makes incestuous rape doubly odious is the father’s moral influence on the 
victim, who is thus, usually unable to resist his demands even without any force 
or intimidation being exerted on her. The poor girl simply yields because he is 
her father although she knows that what he is doing is wrong. What is worse is 
that if she does not tell on him, also because of his domineering authority, the 
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usual consequence of her silence is to induce another attack.” 
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Incestuous .. rape is difficult to punish because of the natural reluctance of 
the victim to report the foul act her father has committed. This reluctance may 
be due to physical fear of her molester, aversion to the visiting shame and 
scandal on herself and her family, unwillingness to put her father in prison, or 
uncertainty about her mother’s reaction. 
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That reaction is not always indignation. While the victim's mother will 
normally be shocked and outraged and immediately report her husband to the 
authorities, some mothers have been known to berate their daughters for lying 
against their father. The wife will simply refuse to believe that her husband 
would do such a thing. A few will decide to just hush up the matter and have a 
"serious talk with their husbands, hoping that this would end the problem once 
and for all. Others may do nothing at all because of their own fear of the rapist 
in the house. 
In this sense all of the individuals involved are liable, even the mothers. 
This bill seeks to uplift the courage of people to pursue justice in any way they 
can, given the information that they have. 
In this regard, immediate passage of this bill is earnestly sought 
RCITO ESTRAD 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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C!KiI;VED W : ._- ~--- 
S.B. No. 
Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING ARTICLE 266-B OF T E REVI§ED 
ENAL CODE 
AND FOR OTHER PURPOSES 
Be it enacted b y  the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
SECTION 1. Article 266-B of the Revised Penal Code is hereby amended 
to read as follows: 
t 
"SEC. 266-B. - Penalties. -"XXX" 
" X X X  " 
"XX" 
N X X X n  
/ Z X X X  
"XXX" 
1) 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; 
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MOREOVER, ANY MOTHER WHO, IN AN 
INCESTUOUS RAPE, REFRAINS FROM INSTITUTING 
PROSECUTION FOR THE PUNISHMENT OF THE 
OFFENDER OR WHO TOLERATES THE COMMISSION 
OF THE SAME, SHALL SUFFER THE PENALTY OF 
TWELVE 
(12) 
TO 
TWENTY 
(20) 
YEARS 
OF 


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IMPRISON~ENT AND A FINE RANGING FROM IF'IY 
THOUSAND (PHP 50,000) TO ONE HUNDRED / IFTY 
THOUSAND (PHI' 150,000) PESOS AND SHALL BE 
PERPETUALLY 
DEPRIVED 
OF 
PARENTAL 
AUTHORITY. 
INCESTUOUS RAPE IS A CRIME 
COMMITTED BY THE LEGAL OR NATURAL FATHER, 
STEPFATHER OR DE FACTO FATHER LIVING WITH 
THE VICTIM AGAINST HIS "DAUGHTER. 
THE TERM "MOTHER" 
UNDER THIS ACT 
INCLUDES THE NATURAL OR LEGAL MOTHER, 
STEPMOTHER OR ANY FEMALE PERSON IN WHOSE 
LEGAL CUSTODY THE VICTIM IS FOUND AT THE 
TIME OF THE COMMISSION OF THE INCESTUOUS 
RAPE. 
"xxx " 
SEC. 2. Rsepeal. 
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- All Acts, executive orders, presidential decrees, rules 
and regulations or parts thereof inconsistent with the provisions of this Act are 
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hereby repealed or modified accordingly. 
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SEC. 3. Effectivity. - This Act shall take effect after fifteen (15) days 
following the date of its complete publication in the UfJicial 
Gazette or in at least 
two (2) newspapers of general circulation, whichever comes first. 
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Approved,