Philippines Age of Consent is Now 16

What Changed? Key Updates Under RA 11648

The Age of Consent is Now 16

• Any sexual activity with a person below 16 is considered statutory rape, regardless of apparent consent.
  • Example: A 20-year-old who engages in a relationship with a 15-year-old can now face criminal charges – something that was legally ambiguous before.
• Close-in-age Exception.
  • The law introduces a narrow exception to avoid penalizing consensual relationship between peers:
    • The age gap must not exceed 3 years AND
    • The relationship must be truly consensual, with no abuse, exploitation, or power imbalance (e.g., a teacher-student dynamic).
  • Example:
    • ✅ A 15-year-old and a 17-year-old (2-year-gap) may qualify for the exception.
    • ❌ A 15-year-old and a 19-year-old will not qualify – this is statutory rape.
• Both parties under 16: Exception or Not?
  • Both under 16, age gap not exceeding 3 years: exception.
    • Example: A 15-year-old and a 13-year-old.
  • Both under 16, age gap exceeding 3 years: statutory rape.
    • Example: A 15-year-old and an 11-year-old: statutory rape.
  • One party under 13: statutory rape.
    • Example: A 15-year-old and a 12-year-old.

Debunking Myths About the Close-in-Age Exception

Misunderstandings about this exemption persist. Let us clarify:

• Myth 1: Adults can now date minors.
  • Not True. An adult can date a minor only if the age gap does not exceed 3 years.
    • ✅ Between an 18-year-old and a 15-year-old is exempt.
    • ❌ Between a 19-year-old and a 15-year-old is statutory rape.
    • ❌ Between an 18-year-old and a 14-year-old is statutory rape.
• Myth 2: Teens cannot be charged under this law.
  • Not True
    • Teens dating a minor below 13 may be charged with statutory rape.
      • Example: 15-year-old and 12-year-old: statutory rape, even if age gap does not exceed 3 years.
    • Relations between teens with age gap exceeding 3 years is statutory rape, even if one party is at least 13.
      • ✅ Between a 16-year-old and a 13-year-old: exempt.
      • ❌ Between a 17-year-old and a 13-year-old: statutory rape.
• Myth 3: Families cannot report consensual teen relationships.
  • Not True: Families can – and should – seek guidance if they believe a relationship is harmful, even if they think it is exempt under the law. When in doubt, REPORT.

Why Are People Confused? Bridging the Awareness Gap

Many Filipinos remain unaware of the close-in-age rule because public discussions often focus only on the age increase. This law isn’t about policing teen relations – it is about shielding minors from predators. The exception ensures we don’t criminalize a 15-year-old for dating someone their own age, while holding adults accountable for preying on children. Education is key. Schools and parents must teach teens about healthy boundaries and the legal implications of their choices.

Final Thoughts

RA 11648 is a milestone in child protection, but its success depends on public understanding. Whether you are a parent, a teacher, or a concerned citizen, knowing how this law works empowers you to advocate for minors’ safety.

For more insight on the interplay of family and criminal law, consult family lawyers who can help navigate critical issues with clarity and compassion. To talk to the family lawyer of the Firm, dial +63 917 328 7082. Online consultation is FREE.

Protecting our children starts with understanding the rules that protect them.