Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES (b) "Child pornography" refers to any representation, whether visual, audio, or
THEREFOR AND FOR OTHER PURPOSES written combination thereof, by electronic, mechanical, digital, optical, magnetic or
any other means, of child engaged or involved in real or simulated explicit sexual
Be it enacted by the Senate and House of Representatives of the Philippines in Congress activities.
assembled:
(c) "Explicit Sexual Activity" includes actual or simulated -
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."
(1) As to form:
Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual, intellectual, (i) sexual intercourse or lascivious act including, but not limited to,
emotional, psychological and social well-being. Towards this end, the State shall: contact involving genital to genital, oral to genital, anal to genital, or oral
to anal, whether between persons of the same or opposite sex;
(a) Guarantee the fundamental rights of every child from all forms of neglect,
cruelty and other conditions prejudicial to his/her development; (2) bestiality;
(b) Protect every child from all forms of exploitation and abuse including, but not (3) masturbation;
limited to:
(4) sadistic or masochistic abuse;
(1) the use of a child in pornographic performances and materials; and
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area
(2) the inducement or coercion of a child to engage or be involved in and/or anus; or
pornography through whatever means; and
(6) use of any object or instrument for lascivious acts
(c) Comply with international treaties to which the Philippines is a signatory or a
State party concerning the rights of children which include, but not limited to, the (d) "Internet address" refers to a website, bulletin board service, internet chat
Convention on the Rights of the Child, the Optional Protocol to the Convention on room or news group, or any other internet or shared network protocol address.
the Rights of the Child of the Child on the Sale of Children, Child Prostitution and
Child Pornography, the International Labor Organization (ILO) Convention No.182
(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to
on the Elimination of the Worst Forms of Child Labor and the Convention Against
offer services to the public for the use of its computer/s or computer system for
Transnational Organized Crime.
the purpose of accessing the internet, computer games or related services.
For the purpose of this Act, a child shall also refer to:
(h) "Grooming" refers to the act of preparing a child or someone who the offender (i) To engage in pandering of any form of child pornography;
believes to be a child for sexual activity or sexual relationship by communicating
any form of child pornography. It includes online enticement or enticement (j) To willfully access any form of child pornography;
through any other means.
(k) To conspire to commit any of the prohibited acts stated in this section.
(i) "Luring" refers to the act of communicating, by means of a computer system, Conspiracy to commit any form of child pornography shall be committed when two
with a child or someone who the offender believes to be a child for the purpose of (2) or more persons come to an agreement concerning the commission of any of
facilitating the commission of sexual activity or production of any form of child the said prohibited acts and decide to commit it; and
pornography.(2) Bestiality;
(l) To possess any form of child pornography.
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or
distributing through any means any material or purported material that is intended
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed
to cause another to believe that the material or purported material contains any
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
form of child pornography, regardless of the actual content of the material or
confederating with one another and shall be punished under Section 15(a) of this Act.
purported material.
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography
(k) "Person" refers to any natural or juridical entity.
and other offenses punishable under this Act may be filed by the following:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the
(b) Parents or guardians;
creation or production of any form of child pornography;
The National Telecommunications Commission (NTC) shall promulgate within ninety (90)
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of
days from the effectivity of this Act the necessary rules and regulations for the
the city or municipality where an internet café or kiosk is located shall have the authority to
implementation of this provision which shall include, among others, the installation of
monitor and regulate the establishment and operation of the same or similar establishments
filtering software that will block access to or transmission of any form of the child
in order to prevent violation of the provisions of this Act.
pornography.
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
the investigation, prosecution and trial of an offense under this Act. Towards this end, the
Establishments. - All mall owners/operators and owners or lessors of other business
following rules shall be observed:
establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and
circumstances that child pornography is being committed in their premises. Provided, That
public display of any form of child pornography within their premises is a conclusive (a) The judge, prosecutor or any officer of the law to whom the complaint has been
presumption of the knowledge of the mall owners/operators and owners or lessors of other referred to may, whenever necessary to ensure a fair and impartial proceeding and
business establishments of the violation of this Act: Provided, further, That a disputable after considering all circumstances for the best interest of the child conduct a
presumption of knowledge by mall owners/operators and owners or lessors of other closed-door investigation, prosecution or trial;
business establishments should know or reasonably know that a violation of this Act is being
committed in their premises. (b) The name and personal circumstances of the child, including the child's
immediate family, or any other information tending to establish his/her identity
Photo developers, information technology professionals, credit card companies and banks shall not be disclosed to the public;
and any person who has direct knowledge of any form of child pornography activities shall
(c) Any record regarding a child shall be confidential and kept under seal. Except Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the
upon written request and order of the court, a record shall be released only to the child who is a victim of any form of child pornography is provided appropriate care, custody
following: and support for their recovery and reintegration in accordance with existing laws.
(1) Members of the court staff for administrative use; The child and his family shall be entitled to protection as well as to the rights and benefits of
witnesses underRepublic Act No. 6981, otherwise known as "The Witness Protection,
(2) The prosecuting attorney; Security and Benefit Act".
(3) Defense counsel; The child shall also be considered as a victim of a violent crime defined under Section 3(d)
of Republic Act No. 7309, otherwise known as "An Act Creating a Board of Claims under the
Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of
(4) The guardian ad litem;
Violent Crimes and for Other Purposes", so that the child may claim compensation therein.
Any violation of this provision shall be subject to the penalty provided for under Section (f) Any person found guilty of violating Section 4(I) of this Act shall suffer the
15(m) of this Act. penalty of prision mayor in its minimum period and a fine of not less than Three
hundred thousand pesos (php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the Section 16. Common Penal Provisions. -
penalty of prision correccional in its maximum period and a fine of not less than
Two hundred thousand pesos (Php200,000.00) but not more than Three hundred (a) If the offender is a parent, ascendant, guardian, step-parent or collateral
thousand pesos (Php300,000.00); relative within the third degree of consanguinity or affinity or any person having
control or moral ascendancy over the child, the penalty provided herein shall be in
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the its maximum duration; Provided, That this provision shall not apply to Section 4(g)
penalty of prision correccional in its medium period and a fine of not less than One of this Act;
hundred thousand pesos (php100,000.00) but not more than Two hundred fifty
thousand pesos (php250,000.00); (b) If the offender is a juridical person, the penalty shall be imposed upon the
owner, manager, partner, member of the board of directors and/or any responsible
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the officer who participated in the commission of the crime or shall have knowingly
penalty of arresto mayor in its minimum period and a fine of not less than Fifty permitted or failed to prevent its commissions;
thousand pesos (Php50,000.00) but not more than One hundred thousand pesos
(Php100,000.00); (c) If the offender is a foreigner, he/she shall be immediately deported after the
complete service of his/her sentence and shall forever be barred from entering the
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty country; and
of prision correccionalin its medium period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) (d) The penalty provided for in this Act shall be imposed in its maximum duration if
for the first offense. In the case of a subsequent offense, the penalty shall be a fine the offender is a public officer or employee.
not less than Two million pesos (Php2,000,000.00) but not more than Three million
pesos (Php3,000,000.00) and revocation of its license to operate and immediate
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child
closure of the establishment;
Pornography. - In addition to the penalty imposed for the violation of this Act, the court shall
order the confiscation and forfeiture in favor of the government of all the proceeds, tools
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and instruments used in the commission of the crime, unless they are the property of a third
and installation requirements under Section 9 of this Act shall suffer the penalty of person not liable for the unlawful act; Provided, however, That all awards for damages shall
a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more be taken from the personal and separate properties of the offender; Provided, further, That if
than One million pesos (Php1,000,000.00) for the first offense. In case of such properties are insufficient, the deficiency shall be taken from the confiscated and
subsequent offense, the penalty shall be a fine of not less than One million pesos forfeited proceeds, tools and instruments.
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and
revocation of its license to operate;
All proceeds derived from the sale of properties used for the commission of any form of child
pornography shall accrue to the special account of the DSWD which shall be used exclusively
(l) Any mall owner-operator and owner or lessor of other business establishments for the implementation of this Act.
including photo developers, information technology professionals, credit card
companies and banks, found guilty of willfully and knowingly failing to comply with
When the proceeds, tools and instruments used in the commission of the offense have been
the notice requirements under Section 10 of this Act shall suffer the penalty of a
destroyed diminished in value or otherwise rendered worthless by any act or omission,
fine of not less than One million pesos (Php1,000,000.00) but not more than Two
directly or indirectly, of the offender, or it has been concealed, removed, converted or
million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent
transferred to prevent the same from being found or to avoid forfeiture or confiscation, the
offense, the penalty shall be a fine of not less than Two million pesos
offender shall be ordered to pay the amount equal to the value of the proceeds, tools and
(Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and
instruments used in the commission of the offense.1avvphi1
revocation of its license to operate and immediate closure of the establishment;
and
Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery,
rehabilitation and reintegration into the mainstream of society concerned government
(m) Any person found guilty of violating Section 13 of this Act shall suffer the
agencies and the LGUs shall make available the following services to victims of any form of
penalty of arresto mayor in its minimum period and a fine of not less than One
child pornography:
hundred thousand pesos (Php100,000.00) but not more than Three hundred
thousand pesos (Php300,000.00).
(a) Emergency shelter or appropriate housing;
(b) Counseling; (c) Secretary of the Department of Science and Technology
(c) Free legal services, which shall include information about the victim's rights and (d) Chief of the Philippine National Police;
the procedure for filing of complaints, claims for compensation and such other
legal remedies available to them in a language understood by the child; (e) Chairperson of the Commission on Information and Communications
Technology;
(d) Medical or psychological services;
(g) Commissioner of the National Telecommunications Commission;
(e) Livelihood and skills training; and
(h) Executive Director of the Council for the Welfare of Children;
(f) Educational assistance.
(i) Executive Director of the Philippine Center for Transnational Crimes;
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the child victims shall adopted and carried out. (j) Executive Director of the Optical Media Board;
Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against (k) Director of the National Bureau of Investigation; and
Child Pornography created under Section 20 of this Act shall develop and implement the
necessary programs that will prevent any form of child pornography, as well as protect, heal
(l) Three (3) representatives from children's nongovernmental organizations. These
and reintegrate the child into the mainstream of society. Such programs shall include beat
representatives shall be nominated by the government agency representatives of
but not limited to the following:
the Council for appointment by the President for a term of three (3) years and may
be renewed upon renomination and reappointment by the Council and the
(a) Provision of mandatory services including counseling free legal services, medical President respectively.
or psychological services, livelihood and skills training and educational assistance to
the child pursuant to Section 18 of this Act;
The members of the Council mat designate their permanent representatives, who shall have
a rank not lower than assistant secretary or its equivalent, to meetings and shall receive
(b) Sponsorship of a national research program on any form of child pornography emoluments as may be determined by the Council in accordance with existing budget and
and other acts covered by the law and the establishment of a data collection accounting rules and regulations.
system for monitoring and evaluation purposes;
The DSWD shall establish the necessary Secretariat for the Council.
(c) Provision of necessary technical and material support services to appropriate
government agencies and nongovernmental organizations:
Section 21. Functions of the Council. - The Council shall have the following powers and
functions:
(d) Sponsorship of conferences and seminars to provide venue for consensus
building amongst the public, the academe , government, nongovernmental and
(a) Formulate comprehensive and integrated plans and programs to prevent and
international organizations and
suppress any form of child pornography;
(d) Coordinate the programs and projects of the various members agencies
(a) Secretary of the Department of Justice:
effectively address the issues and problems attendant to child pornography;
(i) Secure from any department, bureau, office, agency or instrumentality of the
Section 24. Congressional Oversight Committee. -There is hereby created a Congressional
government or from NGOs and other civic organizations such assistance as may be
Oversight Committee composed of five (5) members from the Senate and five (5) members
needed to effectively implement this Act;
from the House of Representatives. The members from the Senate shall be appointed by the
Senate President based on proportional representation of the parties or coalition therein
(j) Complement the shared government information system relative to child abuse with at least one (1) member representing the Minority. The members from the House of
and exploitation and ensure that the proper agencies conduct a continuing Representative shall be appointed by the Speaker, also based on proportional representation
research and study on the patterns and schemes of any form of child pornography of the parties or coalitions therein with the Chair of the House of Committee on Welfare of
which form basis for policy formulation and program direction; Children and at least one (1) member representing the Minority
(k) develop the mechanism to ensure the timely, coordinated and effective The Committee shall be headed by the respective Chairs of the Senate Committee on Youth,
response to cases of child pornography; Women and Family relations and the House of Representatives Committee on Justice. The
Secretariat of the Congressional Oversight Committee shall come from the existing
(l) Recommend measures to enhance cooperative efforts and mutual assistance Secretariat personnel of the Committees of the Senate and the House of Representatives
among foreign countries through bilateral and/or multilateral arrangements to concerned.
prevent and suppress any form of child pornography;
The Committee shall monitor and ensure the effective implementation of this Act, determine
(m) Adopt measures and policies to protect the rights and needs of the victims of inherent weakness and loopholes in the law. Recommend the necessary remedial legislator
child pornography who are foreign nationals in the Philippines; or administrative measures and perform such other duties and functions as may be
necessary to attain the objectives of this Act.
(n) maintain a database of cases of child pornography;
Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-
(o) Initiate training programs in identifying and providing the necessary Child Pornography Act and the operationalization of the Inter-Agency Council Against Child
intervention or assistance to victims of child pornography. Pornography shall be included in the annual General Appropriations Act.
(p) Submit to the President and the Congressional Oversight committee credited Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child
herein the annual report on the policies, plans, programs and activities of the pornography shall promulgate the necessary implementing rules and regulations within
Council relative to the implementation of this Act; and ninety (90) days from the effectivity of this Act.
(q) Exercise all the powers and perform such other functions necessary to attain Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall
the purposes and objectives of this Act. be suppletorily applicable to this Act.
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid,
transnational Organized Crime, the DOJ may execute the request of a foreign state for the other provisions not affected thereby shall continue to be in full force and effect.
Section 29. Repealing Clause. - All laws, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or repealed accordingly.
Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.