Scope and the law’s core purpose
- Republic Act No. 11648 strengthens criminal protection against rape and sexual exploitation and abuse.
- Republic Act No. 11648 increases the age rule used to determine the commission of statutory rape by amending Act No. 3815 (the Revised Penal Code), and related child-protection provisions.
- Republic Act No. 11648 modifies the rules on rape, seduction, and several child sexual abuse crimes under Act No. 3815 and Republic Act No. 7610.
Amendments to statutory rape (Rape—Article 266-A)
- Article 266-A (1)(d) of Act No. 3815 is amended to provide that rape is committed when the offended party is under sixteen (16) years of age or is demented, even if none of the other listed circumstances are present.
- A criminal liability exclusion applies when the offended party is sixteen (16) years of age, if the age difference between the parties is not more than three (3) years and the sexual act is proven to be consensual, non-abusive, and non-exploitative.
- The exception does not apply when the victim is under thirteen (13) years of age.
- “Non-abusive” means the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, whether with intention or through neglect, during sexual activities with the child victim.
- “Non-exploitative” means there is no actual or attempted act of unfairly taking advantage of the child’s position of vulnerability, differential power, or trust during the conduct of sexual activities.
Amendments on seduction (Articles 337 and 338)
- Article 337 (Qualified seduction) is amended to cover seduction of a minor sixteen and over but under eighteen years of age, committed by specified classes including any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person entrusted with the education or custody of the minor seduced, and it imposes prision correccional in its minimum and medium periods.
- Article 337 imposes the penalty next higher in degree for a person who seduces his sister or descendant, whether or not the victim is a virgin or is over eighteen (18) years of age.
- Under the chapter on seduction, seduction is committed when the offender has carnal knowledge of any person and under the circumstances described therein.
- Article 338 (Simple seduction) is amended to cover seduction of a minor sixteen and over but under eighteen years of age committed by means of deceit, punishable by arresto mayor.
Changes to Republic Act No. 7610 crimes
- Section 5(b) of Republic Act No. 7610 (Child prostitution and other sexual abuse) is amended to cover those who commit sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse.
- Section 5(b) provides a specific prosecutorial and penalty rule when the victim is under sixteen (16) years of age, requiring prosecution under:
- Article 335, paragraph 2 of Act No. 3815 for rape, and
- Article 336 of Act No. 3815 for rape or lascivious conduct, as the case may be.
- Section 5(b) sets the penalty for lascivious conduct when the victim is under sixteen (16) years of age as reclusion perpetua in its medium period.
- Section 7 (Child trafficking) provides that any person who engages in trading and dealing with children, including buying and selling a child for money, for any consideration, or barter, suffers the penalty of reclusion temporal to reclusion perpetua.
- Section 7 requires imposing the penalty in its maximum period when the victim is under sixteen (16) years of age.
- Section 9 (Obscene publications and indecent shows) is amended to penalize any person who hires, employs, uses, persuades, induces, or coerces a child to perform in obscene exhibitions and indecent shows (live or in video), to be used in obscene publications or pornographic materials, or to sell or distribute such materials, with a penalty of prision mayor in its medium period.
- Section 9 further requires imposing the penalty in its maximum period if the child performer, subject, or seller/distributor is under eighteen (18) years of age.
- Section 10(b) is amended to penalize any person who keeps or has in his company a minor sixteen (16) years of age or under, or who is ten (10) years or more his junior, in specified public or private places (including hotels, motels, beer joints, discotheques, cabarets, pension houses, saunas or massage parlors, beaches, and/or other tourist or similar places), with a penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00).
- Section 10(b) creates an exception: the provision does not apply to persons related within the fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition, or to acts in the performance of a social, moral or legal duty.
Mandatory education and training duties
- Public and private institutions engaged in the education, training, and care of children must ensure their curriculum for continuing staff development includes plans and learning sessions on the scope of staff duties and responsibilities in identifying, responding to, and reporting rape and other sexual offenses.
- The Department of Education must include in the basic education curriculum and teach age-appropriate subjects concerning the rights and protection of children in relation to Republic Act No. 11648.
Severability, amendment of conflicting laws, and repealing effect
- If any provision of Republic Act No. 11648 is held invalid or unconstitutional, the remainder of the act or the provision not otherwise affected remains in full force and effect (severability).
- All laws, decrees, orders, ordinances, rules and regulations, or parts thereof that are inconsistent with Republic Act No. 11648 are amended, modified, or repealed accordingly.