EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )

First Regular Session )

SENATE
Senate Bill No. 0523
Introduced by: Mikaella Franchesca Abisana, Carlos Alonzo, Mercedes Calista
Crespo, Charisse Julia Cruzada, and Maria Louise Nicole De Leon

EXPLANATORY NOTE

Section 14, Article 2 of the 1987 Constitution provides:

“The State recognizes the role of women in nation-building and shall ensure the
fundamental equality before the law of women and men.”
Republic Act (R.A.) 11648 increased the age of consent from twelve years to
sixteen years and expanded the coverage of certain penal provisions. While said
amendments are welcome, there remains a need to provide a clearer definition
of carnal knowledge to ensure that victims are afforded the full protection of
the law as mandated by the state policy of equal treatment of men and women.
This Act which amends R.A. 11648 acknowledges that becoming a victim to the
crimes of rape and seduction is not limited to women. In the same manner, it
acknowledges that rape by carnal knowledge can be committed by any person.
With this development, carnal knowledge now covers all forms of sexual
intercourse between persons of both or the same sexes. This Act also provides
clearer definitions for the terms “non-abusive” and “non-exploitative.” Lastly,
the Department of Education has been assigned to include in its basic
education curriculum sexual education classes as well as age-appropriate
subjects concerning the rights and actions of children related to this Act.
EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

SENATE
Senate Bill No. 0523
Introduced by: Mikaella Franchesca Abisana, Carlos Alonzo, Mercedes Calista
Crespo, Charisse Julia Cruzada, and Maria Louise Nicole De Leon

REPUBLIC ACT NO. 11713

AN ACT AMENDING REPUBLIC ACT NO. 11648, OTHERWISE KNOWN AS
“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, EXPLOITATION AND DISCRIMINATION ACT”

SECTION 1. Definition of Terms - As used in this Act,

a) “Carnal Knowledge” - refers to any act of sexual intercourse wherein the
genitalia of the two persons involved in the act are in contact with each
other.
i) Between a man and woman - Sexual intercourse takes place when
a male’s penis penetrates the female’s vagina.
ii) Between two men - Sexual intercouse takes place when a male’s
penis is inserted into the anal orifice of another male.
 iii) Between two women - Sexual intercouse takes place when the
labias of two females rub against each other.
b) “Man” - may refer to either a heterosexual, homosexual,bisexual,
transgender man.
c) “Woman” - may refer to either a heterosexual, homosexual, bisexual,
transgender woman.
d) “Non-abusive” - refers to the absence of undue influence, intimidation,
fraudulent machinations, coercion, threat, physical, sexual,
psychological, or mental injury or maltreatment, either with intention or
through neglect, during the conduct of sexual activities with the child
victim.
e) “Non-exploitative” - means that there is no actual or attempted act or acts
of unfairly taking advantage of the child's position of vulnerability,
differential power, or trust during the conduct of sexual activities., or not
keep or have in his company a minor sixteen (16) years of age or under
ten (10) years or more his junior in any public or private place and/or
tourist or similar places.

SECTION 2. Section 1 of Republic Act No. 11648 is hereby amended to read as

follows:
“SEC. 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as "The
Revised Penal Code," as amended by Republic Act No. 8353 known as
"The Anti-Rape Law of 1997," is hereby further amended to read as
follows:
“Article 266-A. Rape; When and How Committed. - Rape is
committed:
“1) By a person who shall have carnal knowledge of another
person under any of the following circumstances:
“x x x
“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. Provided, That there shall be no
criminal liability on the part of a person having carnal
knowledge of another person under sixteen (16) years of age
when the age difference between the parties is not more than
three (3) years. Provided, further, that the sexual act in
question is proven to be consensual, non-abusive, and
non-exploitative. However, if the victim is under thirteen (13)
years of age, this exception shall not apply.
“As used in this Act, non-abusive shall mean the absence of
undue influence, intimidation, fraudulent machinations,
coercion, threat, physical, sexual, psychological, or mental
injury or maltreatment, either with intention or through
neglect, during the conduct of sexual activities with the child
victim. On the other hand, non-exploitative shall mean there is
no actual or attempted act or acts of unfairly taking advantage
of the child's position of vulnerability, differential power, or
trust during the conduct of sexual activities., or not keep or
have in his company a minor sixteen (16) years of age or under
ten (10) years or more his junior in any public or private place
and/or tourist or similar places."
“x x x
“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. Provided, that if the
offender is a man and he inserts his penis into the anal orifice
of another man, such act shall be punished under paragraph
1 hereof, being an act of carnal knowledge.

SECTION 3. Section 2 of Republic Act No. 11648 is hereby amended to

read as follows:
“SEC. 2. Articles 337 and 338 of Act No. 3815, otherwise known as “The
Revised Penal Code” are hereby amended to read as follows:
“Article 337. Qualified seduction. – The seduction of a minor, sixteen and
over but 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 minor seduced, shall be punished by prision correccional
in its minimum and medium periods.
“The penalty next higher in degree shall be imposed upon any person
who shall seduce a sibling or descendant, whether or not such sibling or
descendant be a virgin or over eighteen (18) years of age.
“Under the provisions of this Chapter, seduction is committed when the
offender has carnal knowledge of any of the persons and under the
circumstances described herein.”

SECTION 4. Section 4 of Republic Act No. 11648 is hereby amended to read as

follows:
 “SEC 4. Public and private institutions engaged in the education,
training, and care of children shall ensure that their currciculum for
continuing staff development include plans and learning sessions on the
scope of their duties and responsibilities in identifying, responding to or
reporting rape and other sexual offenses.

The Department of Education shall include in the basic education

curriculum age-appropriate subjects concerning the rights, protection,
and actions of the children in relation to this Act, such as sexual
education classes on safe sex, reporting cases of rape and other sexual
offenses, gender sensitivity, and other lessons of the same topic.”

SECTION 5. Separability Clause.

If any of the provisions of this Act is held invalid or unconstitutional, the
remainder of the Act or the provision not otherwise affected shall remain
in full force and effect.

SECTION 6. Repealing Clause.

All laws, decrees, orders, ordinances, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby
amended, modified or repealed accordingly.

SECTION 7. Effectivity Clause.

This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation in the
Philippines.
Mikaella Franchesca Abisana Charisse Julia Cruzada

Carlos Alonzo Maria Louise Nicole De Leon

Mercedes Calista Crespo