Ages of Consent in Asia - Philippines

Philippines

The age of consent in the Philippines is complex. Interpol lists the age of consent of Philippines as 18. However, the adult involved in perpetrating the lewd act cannot be prosecuted due to limitations in the law. Sex with a child under 12 is considered rape, under Article 266-A.

However, for the purposes of child pornography, the country still adopts the international definition of a child in all its legislations, which is below 18 years old and although above eighteen, but with a mental capacity of a child below 18. According to Section 5 of the Republic Act N°7610, pictures taken of a lewd act by an adult in the locations mentioned in Section 6 of the Republic Act N°7610 of a child under 18, as well as the manager or owner of the establishment where the prostitution takes place can be prosecuted if the child has sex "due to the coercion or influence" from that adult or if the child is paid (see below).

Further clarification is found in Section 6 of the same act which defines an Attempt to Commit Child Prostitution under Section 5, Paragraph (a), as when a person who, no relative of child, is found alone with the said child inside the room or cubicle of a house, an inn hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution, and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (h) of Section 5, when any person is receiving services from a child in a sauna parlour or bath, massage clinic, health club and other similar establishments.

Bill 583, which is currently in the House of Representatives aims to raise the age under which sex is to be considered rape to 16.

Sexual intercourse with a person under the age of 12 is defined as rape:

Chapter Three

Rape

"Article 266-A. Rape: When And How Committed. – Rape is committed: "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

"a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

In regard to children under the age of 18, the law reads (as described earlier in the act as an individual under the age of 18):

Article III, 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.