STRENGTHENING THE

PROVISIONS OF
REPUBLIC ACT NO. 8353

AMENDING THE
ANTI-RAPE LAW
By | Baja, Isidro, Zuson
CONTENT
WE SHALL TACKLE THE FOLLOWING:

The Law
The Issue
SWOT Analysis
Discussion of the Weaknesses
Proposal
 THE LAW
REPUBLIC ACT NO. 8353
Anti-Rape Law of 1997

AN ACT EXPANDING THE DEFINITION OF THE

CRIME OF RAPE, RECLASSIFYING THE SAME
AS A CRIME AGAINST PERSONS, AMENDING
FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE, AND FOR OTHER
PURPOSES
 THE ISSUE
2,500

2,000

Rape is an inherent violent crime

that results in physical, social, 1,500

emotional and psychological harm.

1,000

Although The Anti-Rape Law of 1997 or

500
Republic Act 8353 is progressive, some
of its provisions need to be modified 0
and strengthened in order for it to be
2018 2019

more inclusive, modern, and effective Rape Cases in the Philippines

along with the changing culture and as reported by the
Philippine National Police to the
diverse society.
Philippine Statistics Authority
 STRENGTHS
SWOT ANALYSIS
Succesfully veers away
from the chastity framework.
Classifies rape as a crime
committed against persons
rather than a crime
committed against honor.
Penalizing rape through
reclusion perpetua
OPPURTUNITIES
The enlightened youth of the
current day and age can
spread awareness and
support the amendments to
be proposed
Partnering with advocacy
groups
WEAKNESSES
Gender biased (unable to
cover the vast gender
spectrum)
Issues on Consent
Penalties on some
aggravating circumstances
Problematic
forgiveness clauses
THREATS
Beliefs of the mostly Catholic and
conservative population
The stereotype mindset of the
older generation
Internalized sexism and gender
roles amongst police and other
authorities in certain cases
Prejudice and Homophobia
 WEAKNESS

GENDER BIASED (UNABLE TO COVER THE VAST

GENDER SPECTRUM)

REPUBLIC ACT NO. 8353

CHAPTER 3 | ARTICLE 266-A |PARAGRAPH 1

{ "Article 266-A. Rape: When And

How Committed. 
Rape is committed:
" 1) By a man who shall have carnal
knowledge of a woman... }
 WHY IT IS AN ISSUE
GENDER BIASED (UNABLE TO COVER THE
VAST GENDER SPECTRUM)
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-A |PARAGRAPH 1

Although it is undeniable that rape victims are

mostly women and children because they're
more vulnerable, we should not disregard the
fact that every person is capable of
committing rape and can be a victim of rape
regardless one's sex and gender identity.
 WEAKNESS
ISSUES ON CONSENT
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-A & D |PARAGRAPH 1

{ "Article 266-A. Rape: When And How Committed. 

Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or
otherwise unconscious;
"c) By means of fraudulent machination or grave abuse
of authority; and
"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. }
 WEAKNESS
ISSUES ON CONSENT
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-A & D |PARAGRAPH 1

{ "Article 266-D. Presumptions. - 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." }
 WHY IT IS AN ISSUE
ISSUES ON CONSENT
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-A |PARAGRAPH 1

Many cases of rape are being dismisse in courts because victims have
to prove beyond reasonable doubt that there was no consent.

Consent must not only revolve around the woman’s

express of refusal to engage in a sexual activity nor
should it be presumed in the absence of overt physical
effort to resist the act of rape.

Our present law implicitly sets the rightful age of

consent to sex at 12 years old while official data show
that majority of victims of rape are aged 13-15 years
old.

Capacity to consent should also take into account the

mental condition of the victim.
 WEAKNESS
PENALTIES ON AGGRAVATING CIRCUMSTANCES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-B | UNDER PARAGRAPH 1

{ "Rape under paragraph 1 of the next

preceding article shall be punished
by reclusion perpetua." }

{ "5) When the victim is a child

below seven (7) years old; }
 WHY IT IS AN ISSUE
PENALTIES ON AGGRAVATING CIRCUMSTANCES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-B | UNDER PARAGRAPH 1

Rape under paragraph 1 committed

against any minor below 18 years
old instead of just those below 7
years old shall be punished by
reclusion perpetua since most rape
cases now happen among minors
aging 11-17.
 WEAKNESS
PENALTIES ON AGGRAVATING CIRCUMSTANCES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-A |PARAGRAPH 2

{ "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 person. }
 WEAKNESS
PENALTIES ON AGGRAVATING CIRCUMSTANCES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-B | UNDER PARAGRAPH 2

{ "Rape under paragraph 2 of the next preceding article shall

be punished by prision mayor. }

{ "Whenever the rape is committed with the use of a

deadly weapon or by two or more persons, the penalty
shall be prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be reclusion
temporal.
"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. }
 WHY IT IS AN ISSUE
PENALTIES ON AGGRAVATING CIRCUMSTANCES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-B | UNDER PARAGRAPH 2

When attempting rape and homicide is committed

direct penalty should be reclusion perpetua and to
death if aggravating circumstances are present.
Rape under paragraph 2 as mentioned should directly
penalized suspect with a minimum 12 - 20 years
imprisonment (reclusion temporal) instead of a prision
mayor a sentenced of 6 - 12 years;
if aggravating circumstances are present under article 2 the
maximum sentence should be reclusion perpetua 20-40
years to death
 WEAKNESS
PROBLEMATIC FORGIVENESS CLAUSES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-C

{“Article 266-C. Effect of Pardon. – The subsequent valid

marriage between the offender and the offended party
shall extinguish the criminal action or the penalty
imposed.
“In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the
penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if
the marriage is void ab initio. }
WHY IT IS AN ISSUE
PROBLEMATIC FORGIVENESS CLAUSES
REPUBLIC ACT NO. 8353
CHAPTER 3 | ARTICLE 266-C

The current Anti-Rape Law contains a forgiveness

clause that easily exonerates the offender and poses
further danger to the victim.
This gives an easy way-out for the offender
which incentivizes him to carry out the crime. Once
the female victim marries the offender, she no longer
has legal remedy to file an action for the rape that
happened before the marriage.
This only perpetuates
gender-based violence under the shroud of marriage
which can involve a whole range of abuses -
physical, sexual, and/or psychological - that can
happen over a prolonged period of time.
Our Proposal

By the authority vested

upon us as legislators by
the constitution
to make laws and to alter
or repeal them.
 W E P ROPOSE
" Section 2. Rape as a Crime Against
Persons. - The crime of rape shall
hereafter be classified as a Crime
Against Persons under Title Eight of Act
No. 3815, as amended, otherwise known
as the Revised Penal Code. Accordingly,
there shall be incorporated into Title
Eight of the same Code a new chapter to
be known as Chapter Three on Rape, to
read as follows: "
" Section 2. Rape as a Crime Against
Persons. - The crime of rape shall
hereafter be classified as a Crime Against
Persons, a sexual assault that violates a
person’s right to personal security and
bodily integrity with the essential
element of lack of consent
under Title Eight of Act No. 3815, as
amended, otherwise known as the
Revised Penal Code. Accordingly, there
shall be incorporated into Title Eight of
the same Code a new chapter to be
known as Chapter Three on Rape, to read
as follows: "
 W E P ROPOSE

"Article 266-A. Rape: When

"Article 266-A.
And How Committed. 
Rape: When And How
Committed. 
- Rape is committed:
" 1) By a person, with no
- Rape is committed:
regard to gender or
" 1) By a man who shall
sexuality, who shall have
have carnal knowledge of
carnal knowledge of
a woman under any of
another person's body
the following
under any of the following
circumstances:"
circumstances:"
 W E P ROPOSE
"a) Through force, threat, or
intimidation;
"b) When the offended party is
deprived of reason or otherwise
unconscious;
"c) By means of fraudulent
machination or grave abuse of
authority; and
"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.
"a) Through lack of victim's consent
force, threat, or intimidation;
"b) When the offended party is
deprived of reason or otherwise
unconscious;
"c) By means of fraudulent
machination or grave abuse of
authority; and
"d) When the offended party is
under sixteen (16) years of age or is
demented, even though none of the
circumstances mentioned above be
present.
 MAY W E P ROPOSE
Presentations are tools that
Define
can be used as lectures.“consent”
as the voluntary agreement to
engage in the sexual activity in question,
provided:
JUNE
Presentations are tools that
the person consenting fully
can be used as lectures.

understands what is being proposed;

JULY-AUGUST
the person consenting is aware of the
Presentations are tools that
societal standards of what is proposed;
can be used as lectures.
WE CALL FOR THE REPEAL
OF REPUBLIC ACT
NO. 8353 KNOWN AS
ANTI-RAPE LAW OF 1997
PERTAINING TO THE
FORGIVENESS CLAUSES
RA NO. 8353|ARTICLE 266-C
 AMENDMENT TO ARTICLE
266-D IS PROPOSED TO
AVOID MISINTERPRETATION
RA266-D.
"ARTICLE NO. PRESUMPTIONS.
8353|ARTICLE- ANY
266-C
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. HOWEVER, THE ABSENCE OF
PHYSICAL RESISTANCE MUST NOT BE TAKEN AS
CONSENT ON THE PART OF
THE COMPLAINANT. "
CALLING FOR SUPREME COURT TO
CONSIDER ISSUING A
“RULE ON TRIAL OF RAPE CASES”
WHICH MAY INCLUDE THE
FOLLOWING:
APPLICATION OF8353|ARTICLE
RA NO. THE “RAPE SHIELD
266-C RULE” AS
PROVIDED FOR IN SECTION 6 OF REPUBLIC ACT
8505.

GUIDING PRINCIPLES ON THE APPRECIATION

OF EVIDENCE IN RAPE CASES.

CHILD AND GENDER-SENSITIVE DECORUM FOR

LAWYERS, PROSECUTORS, JUDGES AND OTHER
COURT PERSONNEL DURING TRIAL OF RAPE
CASES.
 IT IS HOPED THAT AS OUR
FELLOW LEGISLATORS, YOU WILL
PRIORITIZE AND FAVOR THE
IMMEDIATE ENACTMENT OF A LAW
TO AMEND THE EXISTING ANTI-
RAPE LAW PROVISIONS, IN THE

#SUPPORT INTEREST OF
FULFILLING YOUR MANDATE
UNDER THE CONSTITUTION.
 STEPHANIE MARIE ISIDRO
Senator
Republic of the Philippines

JHUN BAJA
Senator

PRESENTED BY: Republic of the Philippines

LEANN ROSHE ZUSON

Senator
Republic of the Philippines
 SUBMITTED TO:
MR. KEITH ALDOUS MARGARITO
G. PAASA, LPT, MMPM
HUMSS 306 - 12 CASTELLANI A