Title
Supreme Court
Stronger Protection vs. Rape and Sexual Abuse
Law
Republic Act No. 11648
Decision Date
Mar 4, 2022
Republic Act No. 11648 strengthens protection against rape and sexual exploitation in the Philippines by increasing the age for statutory rape and introducing amendments to existing laws, including the Revised Penal Code and Republic Act No. 7610, to address child prostitution, trafficking, and other forms of abuse.

Law Summary

Amendments to Qualified and Simple Seduction (Articles 337 and 338)

  • Qualified seduction applies to minors 16-18 years by persons of authority or trust roles punishable by prision correccional (minimum to medium).
  • Exception where seduction of sister or descendant incurs higher penalty.
  • Simple seduction of minors 16-18 by deceit is punishable by arresto mayor.

Amendments to the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610)

  • Child prostitution and other sexual abuses defined as sexual acts of children induced by money, profit, or coercion.
  • Sexual acts with child exploited in prostitution or otherwise sexually abused punishable under Revised Penal Code; reclusion perpetua for lascivious conduct if victim under 16.
  • Child trafficking, including buying/selling children, punished by reclusion temporal to reclusion perpetua; maximum penalty if victim under 16.
  • Obscene publications and indecent shows involving children by hiring, coercion, or inducement punishable by prision mayor; maximum penalty if child under 18.
  • Keeping company of minor 16 or under or 10 years his junior in public or similar places punishable by prision mayor and fine; exceptions for relatives within fourth degree or duties performed.

Institutional Responsibilities and Education Measures

  • Educational and care institutions must include child protection duties in staff development programs.
  • Department of Education to integrate age-appropriate teachings on children's rights and protection related to this Act in the basic education curriculum.

Legal Adjustments and Effectivity

  • Invalid provisions do not affect remainder of the Act, which remains fully effective.
  • All inconsistent laws, decrees, regulations amended, modified or repealed accordingly.
  • The Act takes effect 15 days after publication in Official Gazette or newspaper of general circulation.

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