Republic Act No.

11648
“An Act Providing for Stronger Protection
Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining the
Commission of Statutory Rape, Amending for
the Purpose Act No. 3815, as amended,
otherwise known as “The Revised Penal Code,”
Republic Act No. 8353, also known as “The
Anti-Rape Law of 1997,”and Republic Act No.
7610, as amended, otherwise known as the
“Special Protection of Children Against Abuse,
 Effectivity:

• Effective 15 days after publication in Official gazette

• Published in the Official Gazette on March 4, 2022
• Means that on March 29, 2022, law is already effective
 Affected Laws:
• RA 8353
• RPC
• RA 7610
How is Rape committed?
1. BY CARNAL KNOWLEDGE
(SEXUAL INTERCOURSE)

By a man who shall have carnal knowledge of a

woman under any of the following circumstances:
- Through force, threat, or intimidation;
- When the offended party is deprived of reason or
otherwise unconscious;
- By means of fraudulent machination or grave abuse of
authority; and
- When the offended party is under twelve (12) years of
age or is demented, even though none of the
circumstances mentioned above be present.
How is Rape committed?
2. BY SEXUAL ASSAULT

By any person who, under any of the

circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault:
- by inserting his penis into another person’s mouth;
- by inserting his penis into another person’s anal
orifice; or
- by inserting any instrument or object, into the
genital or anal orifice of another person.
 Amendment: Age of Consent
Article 266-A, RPC/RA 8353 RA 11648
para (d) Amendment to para (d)

When the offended party is under
twelve (12) years of age or is
demented, even though none of the
circumstances mentioned above be
present.
When the offended party is under
sixteen (16) years of age or is
demented, even though none of the
circumstances mentioned above be
present.
 Amendment: Age of Consent
Under 266-A, RPC/RA 8353, the age of sexual consent is 12.
 
This was raised to 16 in RA 11648. This means that a
person who had sex with a minor aged below 16 years will
be charged for Rape even if the minor consented to the act.
Here, consent to the sexual act cannot be raised as a
defense; the fact that the other party is below 16 years of
age at the time of sex already gives rise to Rape.
 
Rape is also committed even when the minor is aged 16 and
above, when the victim is demented.
• 
Insertion: Exemption from Rape Due to Age
Difference in Consensual Sex
Under the new law, if the minor below 16 years of age had
sex with a person 3 years older or younger than him/her,
Rape is not present if the sexual act is consensual, non-
abusive and non-exploitative. However, this does not
apply if one of the parties is below 13 years of age
(meaning, Rape can be charged).
 
This distinction is not present in RA 8353.
Amendments: Qualified and Simple
Seduction
When is Seduction committed?

- seduction is committed when the offender has carnal

knowledge of any of the persons and under the
circumstances described in the next slide:
Amendments: Qualified and Simple
Seduction
• Art. 337. Qualified seduction. — The seduction of a virgin
over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-
servant, domestic, guardian, teacher, or any person who,
in any capacity, shall be entrusted with the education or
custody of the woman seduced, shall be punished by
prision correccional in its minimum and medium periods.
Amendments: Qualified and Simple
Seduction
Art. 338. Simple seduction. — The seduction of a woman
who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of
deceit, shall be punished by arresto mayor.
Amendments: Qualified and Simple
Seduction
RA 11648 provides the baseline age of sixteen (16) for
both Qualified Seduction and Simple Seduction.

 Under the RPC, Qualified Seduction is committed with a

minor aged 12 but under 18. With the new law, the
baseline age is raised to 16, meaning, Qualified Seduction
is only present when the minor is at least 16 years old but
below 18. This is advantageous to the victim because the
crime of Rape for sexual intercourse with persons aged
below 16 carries a heavier penalty.
 
The same is true for Simple Seduction.
Amendments: Qualified and Simple
Seduction

 Elements of “virginity”, “singlehood” or “good reputation”

are removed in RA 11648 to constitute Qualified and
Simple Seduction. The words are replaced with “minor”

Unlike in the RPC, Simple and Qualified Seduction may

now be committed against a person regardless of
sex/gender.
 Amendments: Sections 5(b), 7, 9, and
10(b) of RA 7610
Under RA 11648, the penalty for sex with a minor
exploited in prostitution, aged below 16 years, is reclusion
temporal medium. The age baseline in RA 7610 is 12
years.

Under Section 7 of RA 7610, the penalty for child

trafficking is imposed in the maximum if the age of the
child is under 12. The age is raised to under 16 years in
RA 11648.
 Amendments: Sections 5(b), 7, 9, and
10(b) of RA 7610
Under Section 9 of RA 7610, if the age of the child used
as a performer, seller or subject in obscene publications
and indecent shows is under 12 years of age, the penalty
is in the maximum. The age is raised to under 18 years in
RA 11648.

The amendment to Section 10(b) of RA 7610 is likewise

the same: a person who keeps in his company a minor 16
years of age or under in questionable/shady places shall
suffer the penalty of prision mayor maximum.
END OF PRESENTATION