Manila: The Philippine Commission on Women (PCW) has endorsed House Bill (HB) 10099, which aims to abolish the provision that allows rape charges to be dismissed through marriage or spousal forgiveness.

According to Philippines News Agency, HB 10099 seeks to repeal the "forgiveness clause" under Article 266-C of the Revised Penal Code, as amended by Republic Act (RA) 8353, also known as the Anti-Rape Law of 1997. PCW Chairperson Ermelita Valdeavilla emphasized that such a provision has no place in a just society, as it allows criminal accountability for rape to be negated through marriage. Valdeavilla pointed out that this clause effectively reduces a public crime to a private matter, enabling perpetrators to coerce survivors into marriage to avoid justice, thus trapping women in abusive relationships and perpetuating trauma.

The removal of this clause is a fundamental aspect of the Women's Priority Legislative Agenda (WPLA). The PCW highlighted that abolishing this provision is crucial for the state to meet its obligations under the Magna Carta of Women (RA 9710) and international commitments like the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Since 2006, the UN CEDAW Committee has consistently urged the Philippine government to eliminate discriminatory legal provisions that allow perpetrators of sexual violence to escape accountability through marriage or pardon.

The PCW argues that removing Article 266-C is necessary to establish a rights-based, consent-focused legal framework where consent cannot be presumed from marriage, past relationships, silence, lack of physical resistance, or attire. Highlighting data from the Philippine National Police, the agency reported 1,842 cases under RA 8353 were recorded in 2025 alone. The PCW warns that outdated legal loopholes contribute to underreporting by reinforcing gender-insensitive procedures and societal stigma against survivors.

The PCW has called on lawmakers in both Houses of Congress to prioritize passing HB 10099 to close legal loopholes that protect abusers. The commission maintains that rape remains a crime, marriage is not a remedy, and forgiveness does not erase criminal responsibility.