The Anti-Rape Law Still Has A "Forgiveness Clause"—And Lawmakers Want It Gone

Content warning: This story contains discussions of rape and sexual violence.

There's one little-known provision in the Philippine Anti-Rape Law that women's rights advocates have wanted removed for years. Now, lawmakers are taking another shot at repealing it.

This July, Akbayan Party-list Representative Dadah Kiram Ismula, together with Representatives Chel Diokno, Perci Cendaña, and Dinagat Islands Representative Kaka Bag-ao, filed the House Bill No. 10099 in the 20th Congress on July 16, 2026.

The bill seeks to repeal Article 266-C, a.k.a. the "Effect of Pardon" provision. Under the current law, criminal liability can be extinguished if the offender later enters into a valid marriage with the victim-survivor. If the offender is already her husband, his criminal liability can also be extinguished if she pardons him.

Women's rights advocates have commonly referred to it as the "forgiveness clause" because it allows a wife to pardon her husband and have his criminal liability extinguished in certain rape cases.

But Article 266-C isn't the only provision the bill targets. It also proposes changes to related provisions in the Revised Penal Code that deal with pardon, marriage, and criminal liability.

In its explanatory note, the bill's authors argue that the current provisions reflect an outdated idea that marriage or pardon can erase the consequences of rape. They say these provisions can risk keeping victim-survivors tied to their aggressors while allowing offenders to avoid accountability.

The proposed changes aim to reinforce that rape is a serious crime and that criminal accountability should not depend on marital status or personal pardon.

In a statement released on July 19, Ismula explained, "Rape is a grave crime. Marriage should never be used to shield the rapist from accountability and condemn the survivor to a lifetime of hell." She also emphasized the need to amend the law, saying, "Nakakahiya na nasa batas pa rin natin ito. Panahon na para i-amend ang ating batas para sa dignidad ng mga [victim-survivors] ng rape."

In the Philippines, women make up around 98 percent of rape victim-survivors, making rape one of the most reported forms of violence against women. This is why advocates have long criticized the clause: instead of focusing on accountability, it can leave victim-survivors carrying the lasting and heavy impact of what happened while being tied to their abusers.

In different parts of the world, this similar provision has been more infamously known as the "marry your rapist law." And more and more countries have already scrapped this in their legal system. Morocco repealed its version in 2014, while Tunisia, Jordan, and Lebanon followed in 2017 after years of campaigning by their citizens and advocates. But according to a 2021 report cited by The Guardian, the provision still existed in at least 20 countries at the time, including Russia, Thailand, and Venezuela.

Women's rights advocates have long argued the Philippines is overdue for change too. Especially since the Supreme Court has already made one thing clear: being married or being in a relationship never automatically means someone has consented to sex. In a 2025 ruling, the Court reaffirmed that consent must always be freely and clearly given, whether the people involved are dating, living together, or already married.

Back in 2023, 4Ps Party-list Representative JC Abalos II filed House Bill No. 9083, which sought to repeal Article 266-C and allow marriages resulting from rape to be annulled. However, the bill stalled at the committee level and eventually expired when the 19th Congress ended.

Now, lawmakers are trying again with the newly filed bill.

As of writing, House Bill No. 10099 is still at the earliest stage of the legislative process. Before it can become law, the measure must first be referred to the appropriate committee, undergo committee hearings, and pass second and third readings in the House of Representatives before moving through the rest of the legislative process.

Experiencing sexual assault is an incredibly difficult and traumatic experience. However, it is important to remember that you are not alone, and support is available to help you navigate the path to healing and seek justice.

If you feel that you need counseling and/or legal advice for yourself or anyone else, please contact the Violence Against Women (VAW) Desk of the Philippine Commission on Women at (02) 8735-1654 or (02) 8736-5249. You can also reach out to the Philippine National Police (PNP) Women and Children Protection Center (WCPC) to file a complaint by calling (0966) 725-5961 (Globe) or (0919) 777-7377 (Smart). Here is a more complete list of hotlines you can reach out to for further assistance.