Duterte signs law increasing age of sexual consent from 12 to 16

MANILA, Philippines — President Rodrigo Duterte recently signed a bill increasing the age of sexual consent to under 16 years of age, from 12 years old, which means that those who engage in sexual activities with children below the newly-prescribed age are liable for statutory rape. 

A copy of the legislation, Republic Act (RA) 116481, was uploaded on the Official Gazette's website today, although Duterte signed the law on March 4. 

The law amends several portions of the Revised Penal Code, the Anti-Rape Law and the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. 

RA 116481 says that someone with carnal knowledge of an individual who is "under 16 years of age or is demented", is now liable for committing rape. 

It said, however, that there will be no criminal liability for people who engage in sexual activities with those under 16 years of age when the age difference between parties is not more than three years, and if the act is consensual, non-abusive and non-exploitative. "If the victim is under 13 years of age, this exception shall not apply," RA 11681 said. 

The penalty for lascivious conduct with a minor under 16 years is a medium-term reclusion temporal.

The law also requires the Department of Education to teach age-appropriate subjects to children on their rights and protections based on the Act. 

'New law will protect kids'

On Monday, Senate Majority Leader Juan Miguel Zubiri, the author and co-sponsor of the law, said this legislation will protect kids from malicious people from taking advantage of them. 

"At thirteen or fourteen, our kids cannot make informed decisions about sex yet, especially sex with adults... With this law, we will be definitively drawing a line that adults cannot cross. They cannot say a kid below sixteen gave them consent. That is statutory rape, plain and simple," he said in a statement released Monday.

Zubiri said he hopes the law will also lessen the instances of teenage pregnancy in the country.

According to him, the law broadens the definition of rape. Before, rape was defined as an act committed between a man and woman. 

With RA 11681, rape is defined as an act committed by a person against another person. 

Meanwhile, Sen. Richard Gordon, who chairs his chamber's justice and human rights committee, welcomed the passage of the law increasing the age of sexual consent in the Philippines and called it a "big step in children's rights."

"We are thankful for the passage of this bill, which ends the stigma of the Philippines having the lowest age of sexual consent in Asia. It fortifies protection of children's rights, and criminalizes perverted minds," he said in a separate statement. 

Citing data from the Department of Social Welfare and Development, Gordon said that in 2015, many victims of rape and child incest were aged 14 to below 18.