Amending Art. 266-A, 266-B and 266-D, Repealing Art. 266-C of R.A. No. 3815 (Revised Penal Code)

Shruti TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session AUG -6 P2:30 SENATE RECEI S. No. 1053 Introduced by Senator Jinggoy Ejercito Estrada AN ACT REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF RAPE, AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, AND REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES EXPLANATORY NOTE The evolving landscape of social norms, legal principles, and human rights standards has necessitated critical reforms in our legal system, particularly in the definition and prosecution of grave offenses such as rape. While past laws have provided foundational protections, emerging insights into the nature of sexual violence and the experiences of survivors reveal significant gaps in our existing legal framework. To uphold justice and ensure the dignity and safety of every individual, it is essential that our laws reflect contemporary realities. This measure seeks to revise and strengthen the definition of the crime of rape by amending pertinent provisions of the Revised Penal Code. This measure aims to align legal definitions and penalties with modern understandings of consent, coercion, and personal autonomy. By doing so, it reinforces the state's commitment to protecting individuals from violations that not only inflict deep personal harm but also erode the moral fabric of our society.

Previously filed by Senator Grace Poe in the 19th Congress, this measure exemplifies the need for a responsive and robust legal system-one that evolves alongside the needs and values of the people it serves. In view of the foregoing, the immediate passage of this bill is earnestly sought. JINGGOY EJERCITO ESTRAD

90 tol TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -6 P2:31 SENATE RECEI S. No. 1053 Introduced by Senator Jinggoy Ejercito Estrada AN ACT REVISING AND STRENGTHENING THE DEFINITION OF THE CRIME OF RAPE, AMENDING FOR THE PURPOSE ARTICLES 266-A, 266-B AND 266-D, AND REPEALING ARTICLE 266-C OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. - Article 266-A of Act No. 3815, otherwise known as the Revised

2 Penal Code, as amended, is hereby further amended as follows: "Art. 266-A. Rape, When and How Committed. - Rape is committed [:] BY A PERSON WHO SHALL INSERT, OR CAUSE THE INSERTION OF THEIR PENIS, TONGUE, FINGER, OR ANY OBJECT OR INSTRUMENT INTO ANOTHER PERSON'S INNER OR OUTER LABIA, ANAL ORIFICE, OR MOUTH UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: "A) WHEN THE OFFENDED PARTY DID NOT INDICATE FULL AND EFFECTIVE CONSENT BEFORE OR CURING THE SEXUAL ACT; "B) WHEN THE OFFENDED PARTY WITHDRAWS FULL AND EFFECTIVE CONSENT;

"C) WHEN THE OFFENDED PARTY IS INCAPABLE OF INDICATING FULL AND EFFECTIVE CONSENT DUE TO BEING DEPRIVED OF REASON OR OTHERWISE UNCONSCIOUS. "D) WHEN THE CONSENT WAS OBTAINED BY THE OFFENDER THROUGH THE USE OF VIOLENCE, FORCE, THREAT, INTIMIDATION/ DECEPTION, OR ABUSE OF AUTHORITY OR MORAL ASCENDANCY; "E) WHEN THE OFFENDED PARTY, THROUGH OVERT VERBAL OR PHYSICAL ACTS, MANIFESTS RESISTANCE TO THE SEXUAL ACT; OR "F) WHEN THE OFFENDED PARTY IS UNDER SIXTEEN (16) YEARS OF AGE OR IS INCAPABLE OF GIVING FULL AND EFFECTIVE CONSENT BY REASON OF PHYSICAL, MENTAL, OR PSYCHOLOGICAL DISABILITY, EVEN THOUGH NONE OF THE CIRCUMSTANCES MENTIONED ABOVE ARE PRESENT: PROVIDED, THAT THERE SHALL BE NO CRIMINAL LIABILITY ON THE PART OF THE PERPETRATOR IF THE VICTIM IS SIXTEEN (16) YEARS OF AGE AND BELOW; THE AGE DIFFERENCE BETWEEN THE VICTIM AND THE PERPETRATOR IS NOT MORE THAN THREE (3) YEARS; AND THE SEXUAL ACT IN QUESTION IS PROVEN TO BE CONSENSUAL: PROVIDED, FURTHER, THAT IF THE VICTIM IS THIRTEEN (13) YEARS OF AGE OR BELOW, THIS EXCEPTION SHALL NOT APPLY. "FOR THE PURPOSE OF THIS ACT, 'FULL AND EFFECTIVE CONSENT' SHALL REFER TO WORDS OR OVERT ACTIONS BY A PERSON WHICH ARE FREELY GIVEN AND DEMONSTRATE WILLINGNESS TO PARTICIPATE IN SEXUAL ACTIVITY."

"[1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:] "[a) Through force, threat, or intimidation;] OF "[b) When the offended party is deprived of reason otherwise unconscious;] "[є) By means of fraudulent machination or grave abuse of authority; andl "[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.] "[2) 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 or anal orifice, or any instrument or object, into the genital or anal orifice of another persen.]"

Sec. 2. Article 266-B of the Revised Penal Code, as amended, hereby amended

to read as follows: "Article 266-B. PENALTY. - ANY PERSON WHO COMMITS THE CRIME OF RAPE SHALL BE PUNISHED BY RECLUSION PERPETUA. "[Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetual "[Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.] "[When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.] "[When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.]

"[When by reason or on the occasion of the rape, nomicide is committed, the penalty shall be death.] "[The death penalty shall also be imposed if the crime -of the of rape is committed with any following aggravating/qualifying circumstances:] "[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;] "[2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;] "[3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degrec of consanguinity;] "[4. When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;] "[5. When the victim is a child below seven (7) years old;] "[6. When the offender knows that he is afflicted with the Human Immuno Deficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;] "I7. When committed by any member of the Armed Forces of the Philippines or para military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;]

"[8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;] "I9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and] "[10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.] "[Rape under paragraph 2 of the next preceding article shall be punished by prison mayor.] "[Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shatt be prison mayor to reclusion temporal.] "[When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporar.] "[When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.] "[When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua.] "[Reclusion temporal shall be imposed If the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article.]"

Sec. 3. Article 266-D of the Revised Penal Code is hereby further amended to

read as follows: "Article 266-D. [Presumptions] CIRCUMSTANCES NOT ACCEPTED. - THE FOLLOWING CIRCUMSTANCES SHALL NEITHER BE CONSIDERED AS MITIGATING

CIRCUMSTANCES NOR EXEMPT THE OFFENDER FROM CRIMINAL ACT: "1. WHEN THE OFFENDER IS THE LEGAL HUSBAND OF THE VICTIM; "2. WHEN THE OFFENDER AND THE OFFENDED PARTY HAVE PREVIOUSLY HAD A RELATIONSHIP OR ENGAGED IN PRIOR SEXUAL ACTIVITY; "3. WHEN THE OFFENDED PARTY DID NOT MANIFEST RESISTANCE AGAINST THE ACT THROUGH VERBAL OR PHYSICAL ACTION; AND "4. WHEN THE SPERMATOZOA FROM THE OFFENDER ARE NOT FOUND IN THE OFFENDED PARTY'S ORIFICE DURING FORENSIC EXAMINATION." "[Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A.]"

Sec. 4. Separability Clause. - If any part, section or provision of this Act is held

invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

Sec. 5. Repealing Clause. - Article 266-C of the Revised Penal Code is hereby

repealed in its entirety. All other laws, decrees, orders, issuances and rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,