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[ REPUBLIC ACT NO. 11648, March 04, 2022 ] "(a) x x x

AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST "(b) Those who commit the act of sexual intercourse
RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING or lascivious conduct with a child exploited in
THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY prostitution or subjected to other sexual
RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS abuse: Provided, That when the victim is under
AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL sixteen (16) years of age, the perpetrators shall be
CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI- prosecuted under Article 335, paragraph 2, for rape
RAPE LAW OF 1997," AND REPUBLIC ACT NO. 7610, AS and Article 336 of Act No. 3815, as amended,
AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION otherwise known as "The Revised Penal Code", for
OF CHILDREN AGAINST ABUSE, EXPLOITATION AND rape, or lascivious conduct, as the case may
DISCRIMINATION ACT" be: Provided, That the penalty for lascivious conduct
when the victim is under sixteen (16) years of age
Be enacted by the Senate and House of Representatives of the shall be reclusion perpetua in its medium period; and
Philippines in Congress assembled:
x x x."
Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as
"The Revised Penal Code," as amended by Republic Act No. 8353 "Section 7. Child Trafficking. - Any person who shall engage in trading
known as "The Anti-Rape Law of 1997," is hereby further amended to and dealing with children including, but not limited to, the act of buying
read as follows: and selling of a child for money, or for any consideration, or barter, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The
"Article 266-A. Rape; When and How Committed. - Rape is committed: penalty shall be imposed in its maximum period when the victim is
under sixteen (16) years of age.

"1) By a person who shall have carnal knowledge of another person

under any of the following circumstances: x x x."

"x x x" "Section 9. Obscene Publications and Indecent Shows. - Any person
who shall hire, employ, use, persuade, induce, or coerce a child to
perform in, obscene exhibitions and indecent shows, whether live of in
d) When the offended party is under sixteen (16) years of age or is video, or model in obscene publications or pornographic materials, or to
demented, even though none of the circumstances mentioned above be sell or distribute the said materials shall suffer the penalty of prision
present: Provided, That there shall be no criminal liability on the part of mayor in its medium period.
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, and the sexual act in question is proven to be "If the child used as a performer, subject, or seller/distributor is under
consensual, non-abusive, and non-exploitative: Provided, further, That if eighteen (18) years of age, the penalty shall be imposed in its maximum
the victim is under thirteen (13) years of age, this exception shall not period.
apply.
x x x"
"As used in this Act, non-abusive shall mean the absence of undue
influence, intimidation, fraudulent machinations, coercion, threat, "Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
physical, sexual, psychological, or mental injury or maltreatment, either Other Conditions Prejudicial to the Child's Development. -
with intention or through neglect, during the conduct of sexual activities
with the child victim.ℒαwρhi ৷ On the other hand, non-exploitative shall "(a) x x x
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." "(b) Any person who shall keep or have in his
company a minor sixteen (16) years of age or under
or who is ten (10) years or more his junior in any
Section 2. Articles 337 and 338 of Act No. 3815, otherwise known as public or private place, hotel, motel, beer joint,
"The Revised Penal Code" are hereby amended to read as follows: discotheque, cabaret, pension house, sauna or
massage parlor, beach, and/or other tourist or
"Article 337. Qualified seduction. - The seduction of a minor, sixteen similar places shall suffer the penalty of prision
and over but under eighteen years of age, committed by any person in mayor in its maximum period and a fine of not less
public authority, priest, home-servant, domestic, guardian, teacher, or that Fifty thousand pesos
any person who, in any capacity, shall be entrusted with the education (P50,000.00): Provided, That this provision shall not
or custody of the minor seduced, shall be punished by prision apply to any person who is related within fourth
correccional in its minimum and medium periods. degree of consanguinity or affinity or any blood
recognized by law, local custom and tradition or acts
in the performance of a social, moral or legal duty.
"The penalty next higher in degree shall be imposed upon any person
who shall seduce his sister or descendant, whether or not she be a
virgin or over eighteen years of age. x x x."

"Under the provisions of this Chapter, seduction is committed when the Section 4. Public and private institutions engaged in the education,
offender have carnal knowledge of any of the persons and under the training, and care of children shall ensure that their curriculum for
circumstances described therein." continuing staff development included plans and learning sessions on
the scope of their duties and responsibilities in identifying, responding to
and reporting rape and other sexual offenses.
"Article 338. Simple seduction. - The seduction of a minor, sixteen and
over but under eighteen years of age, committed by means of deceit,
shall be punished by arresto mayor." The Department of Education shall include in the basic education
curriculum and teach age-appropriate subject concerning the rights and
protection of the children in relation to this Act.
Section 3. Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610,
otherwise known as the Special Protection of Children Against Abuse,
Exploitation and Discrimination Act are hereby amended to read as Section 5. If any provision of this Act is held invalid or unconstitutional,
follows: the remainder of the Act or the provision not otherwise affected shall
remain in full force and effect.
"Section 5. Child Prostitution and Other Sexual Abuse. - Children,
whether male or female, who for money, profit, or any other Section 6. All laws, decrees, orders, ordinances, rules and regulations
consideration or due to the coercion or influence of any adult, syndicate or parts thereof which are inconsistent with the provisions of this Act are
or group, indulge in sexual intercourse or lascivious conduct., are hereby amended, modified or repealed accordingly.
deemed to be children exploited in prostitution and other sexual abuse
Section 7. This Act shall take effect fifteen (15) days after its
."x x x publication in the Official Gazette or in a newspaper of general
circulation in the Philippines.
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Approved,
(SGD.) LORD ALLAN JAY Q.
(SGD.) VICENTE C.
VELASCO
SOTTO III
Speaker of the House of
President of the Senate
Representatives

This Act which is a consolidation of Senate Bill No. 2332 and House Bill
No. 7836 was passed by the Senate of the Philippines and the House of
Representatives on December 15, 2021 and December 14, 2021,
respectively.
(SGD.) MARK LLANDRO L.
(SGD.) MYRA MARIE D.
MENDOZA
VILLARICA
Secretary General House of
Secretary of the Senate
Representatives

Approved: MAR 04 2022

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines

ACTS OF LASCIVIOUSNESS

A. Concept: the act of making a physical contact with the

body of another person for the purpose of obtaining sexual
gratification other than, or without intention of, sexual
intercourse.
1. The contact may be by the body of the accused such as by the
lips, hands, foot; or by means of any object or instrument. In
either case there must be no form of insertion into the anus,
mouth or sex organ amounting to rape through sexual abuse.

2. It is distinguished from Attempted Rape in that there is no

intent to have sexual intercourse with the victim. The intent may
be inferred from the circumstances of time, place, and occasion,
or inferred from the nature of the act itself.

3. It is distinguished from Unjust Vexation in that there is no lewd

design in unjust vexation

Example: (i) The acts of an ardent lover such as kissing,

embracing arising from his passion, are unjust vexation merely.
(ii). The touching of the private parts of a woman out of curiosity
is unjust vexation.

4. If the acts of lasciviousness (including sexual intercourse) is

performed upon a child exploited in prostitution or other sexual
abuse (i.e. abuse other than the acts of lasciviousness such as
when the child is the subject of an obscene publication or
pornography or of indecent shows) whether male or female, the
acts would constitute sexual abuse punished under R.A. 7610
( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-

sixth day of July, two thousand twenty one.