Four lawmakers from Camarines Sur led by National Unity Party (NUP) President LRay Villafuerte want Congress to write new legislation putting behind bars persons 18 years of age and above who engage in incestuous sexual relations even if they are fully aware of their close relationships.
House Bill (HB) 4704 or the “Anti-Incest Act” seeks to criminalize consensual incestuous sexual relations between adults who have knowledge of their close relationships by blood or marriage.
Even if there is the consent of both parties, the CamSur congressmen said: “Incestuous sexual relations are prohibited between those who have knowledge of their relationship and are 18 years of age and above.”
It proposes to slap 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,” Villafuerte and the three other HB 4704 authors said.
Alongside Villafuerte, the other authors of HB 4704 are Reps. Miguel Luis Villafuerte and Tsuyoshi Anthony Horibata, and Bicol Saro Rep. Nicolas Enciso VIII.
“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,” said these four solons in HB 4704.
“However, under the abovementioned circumstances, there is no law which penalizes incestuous relations between consenting parties 18 years of age and above,” they added.
They pointed out in their bill that, “In the Philippines, a person is raped every hour and 33% 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.”
Even if there is the consent of both parties, the CamSur congressmen said: “Incestuous sexual relations are prohibited between those who have knowledge of their relationship and are 18 years of age and above.”
“There is no law which penalizes incestuous relations between consenting parties 18 years of age and above.”
Hence, HB 4704 aims to criminalize such 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
· Adopted children of the same adopter
Under HB 4704, the ascendant, elder brother or sister, elder blood relative, step-parent, parent-in-law, adopting parent or surviving spouse of the adopting parent shall be punished by prision correcional in its minimum and maximum periods.
The descendant, younger brother or sister, younger blood relative, stepchild, son or daughter-in-law, the adopted, or the surviving spouse of the adopted shall be punished two degrees lower if he or she is between the ages of 18 and 25 at the time of the sexual relation, according to the bill.
The bill states that the maximum penalty shall be imposed when the incestuous sexual relation occur while the spouse of the ascendant, step-parent, parent-in-law, adopting parent or the adopted is employed in another city, municipality or province, with a radius of at least 150 kilometers (km) from his or her habitual residence, or is employed abroad.
This proposed Act, once signed into law, shall take effect 15 days after its publication in at least two 2 newspapers of general circulation.
