What is the new age of consent under RA 11648?

The age of consent is now sixteen years old; sexual activity with a person under sixteen is considered rape.

Can a 15‑year‑old legally consent to sex with a 17‑year‑old?

Yes, if the age difference is three years or less, the act is consensual, non‑abusive and non‑exploitative, the older party is not criminally liable.

Does the close‑in‑age exception apply if the younger person is twelve?

No. The exception does not apply when the victim is under thirteen years of age.

What penalty does a teacher face for seducing a 17‑year‑old student?

The teacher would be liable for qualified seduction and punished with prision correccional in its minimum and medium periods.

How are cases of child prostitution handled when the victim is under sixteen?

Perpetrators are prosecuted under the rape provisions of the Revised Penal Code; if charged with lascivious conduct, the penalty is reclusion temporal in its medium period.

What responsibilities do schools have under this Act?

Schools must provide staff training on identifying, responding to, and reporting sexual offenses, and must teach students age‑appropriate lessons on child rights and protection.

RA 11648 - Raising the Age of Sexual Consent (2022)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

Republic Act No. 11648 raises the age of consent to sixteen and adds exceptions for close‑in‑age consensual acts, while strengthening penalties for sexual offenses against minors and requiring schools to teach child‑protection topics.

Who it affects: All persons who engage in sexual activity with anyone under sixteen, as well as schools, teachers, caregivers, and other authorities who interact with minors.

Key provisions

Age of consent raised to 16. Rape is committed when the offended party is under sixteen years of age, regardless of other circumstances. [Sec. 1, Art. 266-A (d)]
Close‑in‑age exception. No criminal liability if the age gap is three years or less, the act is consensual, non‑abusive and non‑exploitative; this does not apply when the victim is under thirteen. [Sec. 1, Art. 266-A (d)]
Definition of non‑abusive and non‑exploitative. Non‑abusive means no undue influence, intimidation, coercion, threat, or injury; non‑exploitative means no unfair taking advantage of the child’s vulnerability, power differential, or trust. [Sec. 1, Art. 266-A (d)]
Qualified seduction of 16‑17‑year‑olds by authority figures. A person in public authority, priest, teacher, guardian, or similar who seduces a minor aged sixteen to under eighteen faces prision correccional in its minimum and medium periods. [Sec. 2, Art. 337]
Simple seduction of 16‑17‑year‑olds by deceit. Seduction of a minor sixteen to under eighteen by deceit is punished with arresto mayor. [Sec. 2, Art. 338]
Child prostitution and sexual abuse. Anyone who has sexual intercourse or lascivious conduct with a child exploited in prostitution, when the child is under sixteen, is prosecuted under the rape provisions; lascivious conduct carries a penalty of reclusion temporal in its medium period. [Sec. 3, Sec. 5(b) of RA 7610]
Child trafficking penalty. Trafficking a child is punished with reclusion temporal to reclusion perpetua; the maximum period applies if the victim is under sixteen. [Sec. 3, Sec. 7 of RA 7610]
Obscene publications involving children. Using a child in obscene exhibitions, shows, or pornographic materials is punished with prision mayor in its medium period, and the maximum period if the child is under eighteen. [Sec. 3, Sec. 9 of RA 7610]
Keeping minors in certain establishments. Keeping a minor sixteen or under, or ten years younger, in places like hotels, bars, or massage parlors incurs prision mayor in its maximum period and a fine of at least ₱50,000, unless the keeper is a close relative. [Sec. 3, Sec. 10(b) of RA 7610]
Mandatory training and curriculum for schools. Public and private schools must include staff development on identifying, responding to, and reporting rape and other sexual offenses, and the basic education curriculum must teach age‑appropriate child‑rights and protection topics. [Sec. 4]

Common questions

What is the new age of consent under RA 11648?: The age of consent is now sixteen years old; sexual activity with a person under sixteen is considered rape. [Sec. 1, Art. 266-A (d)]
Can a 15‑year‑old legally consent to sex with a 17‑year‑old?: Yes, if the age difference is three years or less, the act is consensual, non‑abusive and non‑exploitative, the older party is not criminally liable. [Sec. 1, Art. 266-A (d)]
Does the close‑in‑age exception apply if the younger person is twelve?: No. The exception does not apply when the victim is under thirteen years of age. [Sec. 1, Art. 266-A (d)]
What penalty does a teacher face for seducing a 17‑year‑old student?: The teacher would be liable for qualified seduction and punished with prision correccional in its minimum and medium periods. [Sec. 2, Art. 337]
How are cases of child prostitution handled when the victim is under sixteen?: Perpetrators are prosecuted under the rape provisions of the Revised Penal Code; if charged with lascivious conduct, the penalty is reclusion temporal in its medium period. [Sec. 3, Sec. 5(b) of RA 7610]
What responsibilities do schools have under this Act?: Schools must provide staff training on identifying, responding to, and reporting sexual offenses, and must teach students age‑appropriate lessons on child rights and protection. [Sec. 4]
When did RA 11648 become effective?: The law takes effect fifteen days after its publication in the Official Gazette or a newspaper of general circulation. [Sec. 7]

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11648, March 04, 2022 ]

AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI-RAPE LAW OF 1997," AND REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT"

Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as "The Revised Penal Code," as amended by Republic Act No. 8353 known as "The Anti-Rape Law of 1997," is hereby further amended to read as follows:

"Article 266-A. Rape; When and How Committed. - Rape is committed:

"1) By a person who shall have carnal knowledge of another person under any of the following circumstances:

"x x x"

d) When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) 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 thirteen (13) years of age, this exception shall not apply.

"As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim.ℒαwρhi৷ 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."

Section 2. Articles 337 and 338 of Act No. 3815, otherwise known as "The Revised Penal Code" are hereby amended to read as follows:

"Article 337. Qualified seduction. - The seduction of a minor, sixteen and over but under eighteen 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 or custody of the minor seduced, shall be punished by prision correccional in its minimum and medium periods.

"The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

"Under the provisions of this Chapter, seduction is committed when the offender have carnal knowledge of any of the persons and under the circumstances described therein."

"Article 338. Simple seduction. - The seduction of a minor, sixteen and over but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor."

Section 3. Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act are hereby amended to read as follows:

"Section 5. Child Prostitution and Other Sexual Abuse. - 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 and other sexual abuse

."x x x

"(a) x x x

"(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under sixteen (16) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, otherwise known as "The Revised Penal Code", for rape, or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under sixteen (16) years of age shall be reclusion temporal in its medium period; and

x x x."

"Section 7. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under sixteen (16) years of age.

x x x."

"Section 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ, use, persuade, induce, or coerce a child to perform in, obscene exhibitions and indecent shows, whether live of in video, or model in obscene publications or pornographic materials, or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.

"If the child used as a performer, subject, or seller/distributor is under eighteen (18) years of age, the penalty shall be imposed in its maximum period.

x x x"

"Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. -

"(a) x x x

"(b) Any person who shall keep or have in his company a minor sixteen (16) years of age or under or who is ten (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 that Fifty thousand pesos (P50,000.00): Provided, That this provision shall not apply to any person who is related within fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

x x x."

Section 4. Public and private institutions engaged in the education, training, and care of children shall ensure that their curriculum for continuing staff development included plans and learning sessions on the scope of their duties and responsibilities in identifying, responding to and reporting rape and other sexual offenses.

The Department of Education shall include in the basic education curriculum and teach age-appropriate subject concerning the rights and protection of the children in relation to this Act.

Section 5. If any provision of this Act is held invalid or unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain in full force and effect.

Section 6. All laws, decrees, orders, ordinances, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby amended, modified or repealed accordingly.

Section 7. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.

Approved,

(SGD.) LORD ALLAN JAY Q. VELASCO
Speaker of the House of Representatives

(SGD.) VICENTE C. SOTTO III
President of the Senate

This Act which is a consolidation of Senate Bill No. 2332 and House Bill No. 7836 was passed by the Senate of the Philippines and the House of Representatives on December 15, 2021 and December 14, 2021, respectively.

(SGD.) MARK LLANDRO L. MENDOZA
Secretary General House of Representatives

(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate

Approved: MAR 04 2022

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines