EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE P H ILIP P IN E S ) oi in. 1i Mr)-

F irs t R e g u la r Session )
SENATE '19 JUL -2 A11 54
S. No. 163
RfCF./.ni:

INTRODUCED BY SENATOR R IS A HONTIVEROS

AN ACT
STRENGTHENING REPUBLIC ACT NO. 8 3 5 3 , OTHERW ISE KNOW N AS THE
A N TI-R APE ACT OF 19 97, BY R A IS IN G THE AGE OF SEXUAL CONSENT TO
EIGHTEEN (1 8 ) YEARS OLD, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The statistics on rape and sexual violence in the Philippines are chilling.
According to the Center for Women's Resources, every fifty-three minutes, a woman or
child is raped in this country. Based on CWR's estimate, the number of recorded rape
cases increased by 92 percent from 5,132 in 2010 to 9,875 in 2014. Violations of the

Anti-Violence Against Women and Children Act escalated by 200 percent from year
2010 to 2014.

The offense is particularly grievous when the victim is a minor - one whose
tender age and vulnerability render her an easy target of the predatory impulses of sex

offenders. According to the Center for Women's Resources, seven out of ten victims of
rape in the Philippines are children. And nine out of ten of these children are female.
Cognizant of the particular vulnerabilities of children to sexual abuse, the Convention on
the Rights of the Child is explicit that State Parties should protect the child from all
forms of sexual exploitation and abuse. The Philippines as a state party is bound by this
requirement. And yet, the age of sexual consent in this country remains appallingly law
at twelve years old. It is among the lowest age threshold in the world. As a result of
this, charges of statutory rape cannot be brought against adults who have sex with
minors above the age of 12 years old.

This bill seeks to change this by raising the age of sexual consent. More clearly,
this means raising the required age of the victim for the crime of statutory rape to
attach to the offender from 12 to 18 years old.
 This amendment is long overdue, and will create a policy framework that will
protect girl-children from rape and sexual violence, ensure justice for rape victims, and
create an enabling environment that will allow our girl-children to thrive and feel safe.

The passage of this bill is earnestly sought.

liJiQSeuSvuLi>m--
RISA HONTIVEROS

S e n a to r
 EIGHTEENTH CONGRESS OF THE
REPUBLIC OF THE P H ILIP P IN E S
o { l i i r '*= ..III)'
F irs t R e g u la r Session

SENATE *19 JUL -2 An 54

S. No. 3
RECE'V OF,.

INTRODUCED BY SENATOR R IS A HONTIVEROS

AN ACT
STRENGTHENING REPUBLIC ACT NO. 8 3 5 3 , OTHERW ISE KNOW N AS THE
A N TI-R APE ACT OF 1 9 9 7 , BY R A IS IN G THE AGE OF SEXUAL CONSENT TO
EIGHTEEN (1 8 ) YEARS OLD, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House o f Representatives o f the Philippines in

Congress assembled:

1 Section 1. Title. - This Act shall be known as the "Raising the Age of Sexual
2 Consent Act of 2019".
3 Sec. 2. Declaration o f Principles. - It is the policy of the State to value the dignity
4 of every human person and guarantee full respect for human rights. It is likewise the
5 policy of the state to recognize the role of women in nation-building and ensure the
6 fundamental equality before the iaw of women and men.
7 Sec. 3. Lack o f consent as essential element o f the crime o f rape. - Rape is a
8 sexual assault that violates a person's right to personal security and bodily integrity with
9 the essential element of lack of consent.
10 Sec 4. Rape, when and how committed. - Article 266A of Act No. 3815,
11 otherwise known as the Revised Penal Code, Title 8, Chapter 3 on Rape, is hereby
12 deleted and replaced with a new Article 266A, which will read as follows:
13

14 ARTICLE 266A .

15

16 SECTION 1. RAPE, WHEN AND HOW COMM ITTED.

17
18 A. THE CRIME OF RAPE IS COMM ITTED:
19
 1 ) BY A PERSON W HO HAS CARNAL KNOWLEDGE OF ANOTHER
2 W ITH O U T THE LATTER'S CONSENT, WHETHER OR NOT
3 IN JU R IE S ARE INCURRED;
4 2 ) BY A MAN W HO TOUCHES OR INSERTS H IS PENIS IN T O THE
5 FEMALE'S IN N E R OR OUTER V AG IN AL LA B IA , W ITH O U T HER
6 CONSENT, WHETHER OR NOT THE W OM AN SUFFERS
7 IN JU R IE S ;
8 3 ) BY A MAN W HO TOUCHES OR INSERTS H IS PENIS IN TO
9 ANOTHER PERSON'S MOUTH OR ANAL O R IFIC E, W ITH O U T THE
10 PERSON'S CONSENT, WHETHER OR NOT THE PERSON SUFFERS
11 IN JU R IE S ;
12 4 ) BY A PERSON W HO TOUCHES OR INSERTS ANY INSTRUM ENT
13 OR BODY PART OR OBJECT, IN TO THE GENITAL OR ANAL
14 O R IFIC E OF ANOTHER PERSON, W ITH O U T THE LATTER'S
15 CONSENT;
16
17 B. THE CRIM E IS COM M ITTED UNDER ANY OF THE FOLLOW ING
18 CIRCUMSTANCES:
19

20 1) THROUGH LACK OF V IC T IM 'S CONSENT, FORCE, THREAT, OR

21 IN T IM ID A T IO N ;
22 2 ) THROUGH FRAUDULENT M A C H IN A TIO N OR ABUSE OF
23 AU TH O R ITY;
24 3 ) IN COERCIVE OR OTHER S IM IL A R CIRCUMSTANCES
25 RENDERING THE V IC T IM INCAPABLE OF G IV IN G CONSENT,
26 IN C LU D IN G FORCING ANOTHER IN D IV ID U A L TO SEXUALLY
27 ASSAULT THE V IC T IM ;
28 4 ) W HEN THE V IC T IM IS DEPRIVED OF REASON OR OTHERW ISE
29 UNCONSCIOUS, OR IS DEMENTED EVEN THOUGH NONE OF THE
30 CIRCUMSTANCES MENTIONED ABOVE BE PRESENT, PROVIDED
31 THAT HE/SHE IS NOT IN H IS /H E R LUCID INTERVAL DURING
32 THE SEXUAL ACT;
33 5 ) W HEN THE V IC T IM IS UNDER EIGHTEEN (1 8 ) YEARS OF AGE,
34 EVEN THOUGH NONE OF THE CIRCUMSTANCES MENTIONED
35 ABOVE BE PRESENT, PROVIDED, THAT THERE SHALL BE NO
36 C R IM IN A L L IA B IL IT Y ON THE PART OF THE PERPETRATOR IF
 1 THE V IC T IM IS BETWEEN FOURTEEN AND EIGHTEEN YEARS OF
2 AGE; THE AGE DIFFERENCE BETWEEN THE PERPETRATOR AND
3 THE V IC T IM IS NOT MORE THAN FOUR (4 ) YEARS; AND THE
4 SEXUAL ACT IN QUESTION IS PROVEN TO BE CONSENSUAL,
5 NO N -EXPLO ITATIVE AND NON-ABUSIVE.
6

7 Sec. 8. Separability Cause. - Should any provision of this Act be declared

8 unconstitutional, the remaining parts not affected thereby shall remain valid and
9 operational.

10 Sec. 9. Repealing Cause. - All laws, decrees, orders, circulars, issuances, rules
11 and regulations and parts thereof which are inconsistent with this act are hereby
12 repealed, amended or modified accordingly.

13 Sec. 10. Effectivity. - This act shall take effect fifteen (15) days after its
14 publication in the Official Gazette or in any two (2) newspaper of general circulation in
15 the Philippines.
Approved,