Annex 2: GBV-related Women’s Priority
Legislative Agenda
1. Strengthening the Provisions of R.A. No. 8353:
Amending the Anti-Rape Law. This aims to
redefine rape by highlighting the element of
lack of consent, removing the requirement
that sexual assault be committed by force,
and any requirement of proof of penetration.
It also recommends that the age of statutory
rape be increased from the current 12 years
old to at least 16 years old. This would mean
that only upon reaching 16 years old that a
person can be legally deemed mature enough
to give sexual consent to another person. In
addition, the repeal of the forgiveness clause
is recommended so that the subsequent valid
marriage of the offended party and offender
would not extinguish the latter’s liability.
2. Amending/Repealing the Revised Penal Code
provisions on Adultery and Concubinage.
The proposed legislative measure targets the
amendment or repeal of Articles 333 and 334
in the Revised Penal Code in order to change
the definitions of adultery and concubinage.
Although these both refer to marital infidelity,
the burden of proof is greater for the wives
because of the disparity of the crimes’
definitions and the penalties thereof.
3. Ensuring Women’s Equal Rights in Marriage
and Family Relations. In amending Articles
14, 96, 124, 211 and 225 of the Family Code
of the Philippines, spouses shall have equal
rights with respect to their ability to provide
parental consent to marry, administer their
community property or conjugal partnership,
exercise parental authority over the person and
legal partnership over the property of common
children will be removed.
4. Recognizing Sexual Abuse and Focusing on the
Violence and Abusive Conduct as Grounds for
Legal Separation. This proposed amendment
gives the rationale in amending the Family
Code by focusing on the violence and abusive
conduct as grounds for legal separation as well
as recognizing sexual abuse. Currently, under
Article 55 of the Family Code, only when the
physical violence is “repeated” and the abusive
conduct is “gross” can the woman cite these
acts as causes in filing for legal separation.
Through this measure, the focus will be on
the acts committed and not on the severity or
instances of the violence and abuse.
5. Enacting the Anti-Prostitution Law. By
amending Articles 202 and 341 of the Revised
Penal Code. Prostitution which promotes
sexual exploitation and violence against
women will be recognized as a human rights
violation. The recommendations highlights
curbing the demand side of prostitution
and treating women in prostitution not as
criminals but victims, and criminalizing
those who exploit people in this illicit trade,
and establishing support mechanisms for
prostituted persons so they can get out of
prostitution.
6. Upholding the Right to Life and Security of
Spouses and Daughters by Repealing Article
247 of the Revised Penal Code. The proposed
legislation’s objective is to repeal Article 247
of the Revised Penal Code which exempts
a spouse or parent who inflicts harm or
even death upon the other spouse or minor
daughter caught having sexual intercourse with
another person. This view is based on honorbased violence, which is committed against
103 2019 Annual Report Responsible Parenthood and Reproductive Health Act of 2012
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents