President Duterte has signed into law a measure raising the minimum age of sexual consent from 12 to 16 years old.
Malacañang on Monday, March 7, released the signed Republic Act (RA) No. 11648 or an "Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse"
The new law provides additional protection for minors against rape and other forms of sexual abuse such as qualified seduction, child prostitution, child trafficking, and forceful hiring for obscene publications and indecent shows.
This amended Republic Act 8353 or the "Anti-Rape Law of 1997" increased the age for determining the commission of statutory rape.
Prior to the passage of RA 11648, the Philippines had the lowest minimum age of sexual consent in Southeast Asia and one of the lowest in the world.
Under the new law, minors engaging in sexual activity will be exempted from criminal liability as long as their age difference is not more than three years.
The sexual act should also be proven to be "consensual, non-abusive, and non-exploitative."
"Non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with the intention of, or through neglect, during the conduct of sexual activities with the child victim," the law states.
"On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities."
However, the law added that the exemption would not apply if the victim is under 13 years old.
The new law also amends a provision under RA 7610 or the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act."
"Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution or other sexual abuse," the amendment reads.
Sexual intercourse or lascivious act with a child under 16 years old shall be punished with "reclusion temporal in its medium period," while any person who shall engage in child trafficking shall face "reclusion temporal to reclusion perpetual."
Meanwhile, stricter protection is likewise provided for minors from other acts of neglect, abuse, cruelty, or exploitation "prejudicial to the child's development."
"Any person who shall keep or have in his company a minor 16 years of age or under or who is 10 years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than P50,000," the law reads.
The penalty, however, does not apply to any person who is related within the fourth degree of consanguinity or affinity or "any bond recognized by law, local custom and tradition or acts in the performance of a social, moral, or legal duty."