Anti-violence Against Women and Their Chidlren Act (Extending the Prescriptive Period of Offenses)

Sen 207752 - offic of thre TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 26 FEB 23 P3:55 First Regular Session SENATE S.B. No. 1892 Introduced by SENATOR IMEE R. MARCOS AN ACT EXTENDING THE PRESCRIPTIVE PERIOD OF OFFENSES UNDER THE VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT, THE CRIME OF RAPE AND THE CRIMES CHARACTERIZED AS CRIMES AGAINST CHASTITY UNDER TITLE ELEVEN OF THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE SECTION TWENTY-FOUR OF REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE "ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004," AND ARTICLE 90 OF THE REVISED PENAL CODE, AS AMENDED EXPLANATORY NOTE Article II, Section 14 of the 1987 Constitution recognizes the role of women in nation-building and ensures the fundamental equality before the law of women and men. Violence against women (VAW) and violence against children (VAC) remain pervasive social problems in the country. According to the 2022 National Demographic and Health Survey (NDHS), about 18% of ever-married Filipino women aged 15 to 49 have experienced physical, sexual, or emotional violence by an intimate partner— equivalent to roughly 4.8 million Filipinas whose safety and dignity have been violated. Despite legal protection frameworks, levels of gender-based violence persist. Recent Philippine Commission on Women data indicates that only about one-third of women who experience violence seek help or report it to authorities, leaving most survivors unsupported. Official police records continue to reflect a high number of reported cases of violence against women and children. The Philippine National Police (PNP) logged thousands of VAWC reports over recent reporting periods, including 6,883 reported cases of violence against women and children between August and November 2025 alone.

The fear of reporting to and seeking assistance from proper authorities is one of the perennial challenges in domestic and sexual violence incidents. Psycho-social syndromes, such as the 'battered woman' and other trauma prevent victims from reporting these crimes for years on end, such that surveys reveal a mere 1/3 of women seek help, while the rest never sought help. The notorious conviction of Harvey Weinstein in the United States remains a stark illustration of how long-term abuse can go unaddressed: numerous allegations of rape and sexual assault spanning decades could not be fully prosecuted due to statutory time limits, highlighting the limitations of fixed prescriptive periods in cases involving victim silence borne out of trauma. This bill thus seeks to amend Section 24 of Republic Act No. 9262 otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004," and Article 90 of the Revised Penal Code by extending the prescriptive period of, and by making imprescriptible, certain offenses and crimes committed against women and children. The bill acknowledges the overwhelming psychological cost and social punishment that renders women and children unable to file said cases in court at the required period set by existing laws. If enacted into law, the State will no longer lose its right to prosecute the offenders and, shall be better able to protect women and children who have been victimized and silenced for too long. In view of the foregoing, the immediate approval of this bill is earnestly sought. IMEE R. MARCOS

• senato ffice of the 5 actarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 26 CEB 23 P3:55 First Regular Session SENATE S.B. No. 1892 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT EXTENDING THE PRESCRIPTIVE PERIOD OF OFFENSES UNDER THE VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT, THE CRIME OF RAPE AND THE CRIMES CHARACTERIZED AS CRIMES AGAINST CHASTITY UNDER TITLE ELEVEN OF THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE SECTION TWENTY-FOUR OF REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE "ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHIDLREN ACT OF 2004," AND ARTICLE 90 OF THE REVISED PENAL CODE, AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 24 of Republic Act No. 9262, otherwise known as the "Anti-

Violence Against Women and Their Children Act Of 2004," shall be amended to read as follows: "SEC. 24. Prescriptive Period. - Acts falling under Sec. 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sec. 5(g) to 5(i) shall prescribe in ten (10) years. "PROVIDED, THAT WHEN THE OFFENDER IN THE ACTS FALLING UNDER SEC. 5(A) TO 5(G) IS A PARENT, ASCENDANT, STEP- PARENT, GUARDIAN, RELATIVE WITHIN THE FOURTH CIVIL DEGREE OF CONSANGUINITY OR AFFINITY OF THE OFFENDED PARTY, OR HAS AUTHORITY, INFLUENCE OR MORAL ASCENDANCY OVER THE OFFENDED PARTY IN A WORK OR TRAINING OR EDUCATION ENVIRONMENT, THE OFFENSE SHALL SAID BE IMPRESCRIPTIBLE; PROVIDED THAT, SHOULD OFFENDER COMMIT ANY OFFENSE FALLING UNDER SEC. 5(H) TO 5(i) , THE OFFENSE SHALL PRESCRIBE IN TWENTY (20) YEARS."

SEC. 2. Art. 90 of the Revised Penal Code, as amended by Republic Act No. 4661

shall be further amended to read as follows:

"Art. 90. Prescription of crimes.-Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other similar offenses shall prescribe in one year. The offenses of oral defamation and slander by deed shall prescribe in six months. Light offenses prescribe in two months. "PROVIDED, THAT WHEN THE OFFENDER IN THE CRIMES AGAINST CHASTITY IS A PARENT, ASCENDANT, STEP-PARENT, GUARDIAN, RELATIVE BY CONSANGUINITY OR AFFINITY WITHIN THE FOURTH CIVIL DEGREE, OR A PERSON HAVING AUTHORITY, INFLUENCE OR MORAL ASCENDANCY OVER THE OFFENDED PARTY IN A WORK OR TRAINING OR EDUCATION ENVIRONMENT, THE CRIME, IRRESPECTIVE OF THE PENALTY, SHALL PRESCRIBE IN TWENTY (20) YEARS; PROVIDED FURTHER, THAT IF RAPE, WHETHER ATTEMPTED OR CONSUMMATED, IS COMMITTED BY THE SAID OFFENDER, THE CRIME SHALL BE IMPRESCRIPTIBLE." When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second, and third paragraphs of this article."

SEC. 3. Repealing Clause. - All laws, presidential decrees, letters of instructions,

executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or amended as the case maybe.

SEC. 4. Separability Clause. - In case any provision of this Act or any portion

thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby.

SEC. 5. Effectivity Clause. - This Act shall take effect after its complete

publication in at least three (3) newspapers of general circulation. Approved,