A measure that seeks to criminalize consensual incestuous sexual relations between adults who have knowledge of their close relationships by blood or marriage has been filed in the House of Representatives.
House Bill (HB) 4704 or the proposed “Anti-Incest Act” imposes on guilty relatives a jail term of prision correcional in its minimum to maximum periods, which ranges from six months and one day to six years.
“This bill criminalizes such sexual relations because they are contrary to public policy and public morals. It also responds to reports of rising incest statistics among families of overseas contract workers,” said lead author, National Unity Party (NUP) President and Camarines Sur 2nd district Rep. LRay Villafuerte.
“Articles 37 and 38 of Executive Order (EO) No. 209, also known as the Family Code, state that incestuous marriages are void ab initio (from the start) for being contrary to public policy. Further, Article 335 of Act No. 3815, also known as the Revised Penal Code, imposes the death penalty for rape when the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim,” the bill stated.
“However, under the abovementioned circumstances, there is no law which penalizes incestuous relations between consenting parties 18 years of age and above,” it added.
“In the Philippines, a person is raped every hour and 33 percent of sexual abuse is incest rape. What’s even more alarming is that authorities from the DSWD (Department of Social Welfare and Development) have said that their data is inaccurate and most cases are unreported," it further said.
The Villafuerte measure aims to criminalize incestuous relationships and impose the penalty of imprisonment on the following consenting relatives who are found guilty of having incestuous sex:
· Ascendant and descendant of any degree;
· Brother and sister, whether of full or half blood;
· Collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
· Step-parent and step-child;
· Parent-in-law and child-in-law;
· Adopting parent and the adopted child;
· Surviving spouse of the adopting parents and their adopted child;
· Surviving spouse of the adopted child and the adopter;
· Adopted child and a legitimate child of the adopter; and
· Adopted children of the same adopter.
Camarines Sur Reps. Miguel Luis Villafuerte (5th district) and Tsuyoshi Anthony Horibata (1st district), and Bicol Saro Party-list Rep. Nicolas Enciso VIII served as co-authors of HB 4704.