Bill raising age of sexual consent from 12 to 16 signed into law

In a bid to afford minors stronger protection against abuse and exploitation, President Rodrigo Duterte signed into law a bill raising the age of sexual consent from 12 to 16 years old, March 4, 2022.

Republic Act (RA) No. 11648 or the Raising the Age of Sexual Consent Act, an act “providing for stronger protection against rape and sexual exploitation and abuse, increasing the age for determining the commission of statutory rape” amended RA No. 3815 or the Revised Penal Code (RPC) and RA No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

With the law’s enactment, statutory rape is now committed by a person who shall have carnal knowledge of another person “when the offended party is under 16 years of age or is demented…”

The said law provides further shields minors aged 16 below against qualified seduction, child prostitution and other sexual abuse, child trafficking and forceful hiring of minors for obscene publications and indecent shows.

Amending Article 337 of the RPC which provides for qualified seduction, the new law states that, ““The seduction of a minor, 16 and over but under 18 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 of custody of the minor seduced, shall be punished by prision correctional in its minimum and medium periods.”

“The penalty next higher in degree shall be imposed upon by any person who shall seduce his sister or descendant, whether or not she is a virgin or over 18 years of age,” the amended provision added.

Moreover, the new law provides an exception for minors engaging in consensual sexual activity from criminal liability if their age difference does not exceed three years. Such exemption, however, does not apply if the victim is under 13 years old.

“Provided, that there shall be no criminal liability on the part of a person having carnal knowledge of another person under 16 years of age when the age difference between the parties is not more than three years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, that if the victim is under 13 years of age, this exception shall not apply,” a provision in said enactment reads.

Furthermore, RA 11648 also mandates the Department of Education to include in its basic curriculum age-appropriate subjects relevant to the rights and protection of children.

Senator Risa Hontiveros, principal author of RA 11648, expressed her gratitude to the advocates who helped push for the enactment of the said measure in the Congress.

“Sama-sama, tulong-tulong, patuloy tayong magsisikap na makamit ang isang Pilipinas kung saan bawat anak natin ay namumuhay ng masaya, mapayapa, at may dignidad,” Hontiveros said in a Facebook post.

The previous age of sexual consent in the Philippines was 12 years old, which was the lowest in Asia and among the lowest in the world.