RA 9775 

– ANTI-CHILD PORNOGRAPHY ACT OF 2009

ROLANDO CAHILOG v. ATTY. ANDREI A. ANDRESAN and ATTY. YUL

BERNIE L.CURADA
G.R. No. 10649, 05 March 2018

FACTS:
Rolando Cahilog’s sex video with AAA, a minor, were uploaded on the
internet and began proliferating around the entire province.

AAA executed a Judicial Affidavit (JA) alleging that: (1)she met Cahilog at a

Christmas disco; (2) they exchanged phone numbers and sent text messages; (3) they
would always see each other as she was always given money and, sometimes, rice up to
four(4) kilos; (4)Cahilog threatened to stop giving her gifts unless they engage in sexual
intercourse; (5) they had sexual intercourse; and (6) she was shocked, terrified and
humiliated upon learning the news that videos of her sexual intercourse with complainant
was circulating in the internet. However, AAA later issued a Sworn Statement recanting
herein JA.

ISSUE:
Can Cahilog still be convicted despite of AAA’s Sworn Statement?
 
RULING:
Yes, he can.

HELD:
As a rule, a recantation or an affidavit of desistance is viewed with suspicion a
nd reservation. Jurisprudence has invariably regarded such affidavit as exceedingly
unreliable because it can easily be secured from a poor and ignorant witness, usually
through intimidation or for monetary consideration. At most, the retraction is an
afterthought which should not be given probative value.
Here, Cahilog admitted that AAA was receiving money, food and gifts from him, as well as
enjoying financial academic assistance. The admission alone is sufficient to form a
conclusion that AAA may have incurred a debt of gratitude towards complainant. This debt
of gratitude may very well be used bu complainant to inject feelings of guilt and coerce a
hapless and financially distressed victim such as AAA to grant him sexual favors. The
Court is not unaware of the scheme of peddling sexual favors from the destitute in
consideration or exchange of monetary or other necessary benefits. Thus, it is of great
likelihood that AAA may have recanted her complaint because she stands to lose the
benefits which she may still receive from Cahilog. A witness is said to be biased when his
or her relation to the cause or to the parties is such that he or she has an incentive to
exaggerate or give false color to his or her statements, or to suppress or to pervert the
truth, or to state what is false.
 A Case Report

Mark Carlo U. Aquino a school teacher in Bayambang, Pangasinan, who has

been allegedly selling child sexual abuse materials on his social media
account, is facing charges for violation of the Anti-Child Pornography Act of
2009.

Armed with a search warrant, the Department of Justice-Office of Cybercrime

(DOJ-OOC) and National Bureau of Investigation- Dagupan District Office
(NBI-DDO) searched the house of 22-year-old Mark Carlo Aquino on
Thursday.

Authorities were reportedly prompted to act on the matter after receiving

reports of his alleged activities on Twitter. They seized from Aquino’s home
laptop computers, storage devices, a smart phone, and other electronic
devices.

Aquino will be charged for violation of Republic Act. No 9775 or the Anti-Child
Pornography Act of 2009in relation to Republic Act No. 10175 or the
Cybercrime Prevention Act of 2012.
 RA 9775 – ANTI-CHILD PORNOGRAPHY ACT OF 2009

PEOPLE OF THE PHILIPPINES v. XXX and YYY

G. R. No. 235652, 09 July 2018

FACTS:
Biological parents XXX and YYY maintain for the purpose of prostitution
and/pornography their minor biological children, AAA, BBB and CCC, by
providing food,shelter and clothing to induce and persuade them, by using a
computer, webcam andinternet connections, to engage in private chat
wherein persons, usually foreignerswould pay a fee, for the minors to show
their genitals, buttocks, breasts, pubic area, andto perform simulated sexual
explicit activities as by touching and fondling her genitals, buttocks, breasts,
pubic area, and uttering words as “FUCK ME!” or “LICK ME!”, instilling in the
mind of the minors that the same is necessary for their support and daily
sustenance as the earnings they derive from such activities will pay for the
family’s food, rental and utilities.

ISSUE:
Can XXX and YYY be held guilty beyond reasonable doubt?

RULING:
Yes, they can.

HELD:
Section 4 (a) and (e) of Republic Act (RA) No. 2908 states: “Section 4. Acts
of Trafficking in Persons. – it shall be unlawful for any person, natural or
juridical, to commit any of the following acts: (a) to recruit, transport, transfer,
harbour, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage; x x x
(e) to maintain or hire a person to engage in prostitution or pornography;
x x x.”
The prosecution had established beyond reasonable doubt that:
(a) they admittedly are the biological parents of AAA, BBB and CCC, who
were all minors when the crimes against them were committed; (b) they made
their children perform acts of cybersex for different foreigner customers, and
thus, engaged them in prostitution and pornography; © they received various
amounts of money in exchange for the sexual exploitation of their children;
and
(d) they achieved their criminal design by taking advantage of their children’s
vulnerability as minors and deceiving them that the money they make from
their lewd shows are needed for the family’s daily sustenance.
Aside from violation of RA No. 9208, they were also charged for violations of
RA No.7610 (An Act Providing for Stronger Deterrence and Special Protection
against Child Abuse, Exploitation and Discrimination, and for Other Purposes)
and RA No. 9775 (An Act Defining the Crime of Child Pornography,
Prescribing Penalties Therefor and for Other Purposes).
CASE DIGEST: RA 9995- ANTI-PHOTO AND VIDEO VOYEURISM ACT OF
2009
VIVARES V ST. THERESA’S COLLEGE
GR No. 202666, September 29, 2014 | J Velasco
Petitioners: Rhonda Ave. S. Vivares and Sps. Margarita and David Suzara
Respondents: St. Theresa’s College, Mylene Rheza Escudero and John Does

FACTS
● Sometime in January 2012, Nenita Julia V. Dalus (Julia) and Julienne Vida
Suzara ( Julienne) both graduating students of St Theresasa College, Cebu
City, while changing clothes for swimsuit attire at a beach , took digital
pictures of themselves clad only in their undergarments.
● The pictures was uploaded Angela Lindsay Tan on her Facebook account
● Ms. Mylene Rheza T. Escudero (Escudero), a teacher in St. Theresa, have
known the information about the picture of Senior students wearing brassies
and inquire from other students the identity of those on the photo.
● Using the school’s computer, Escudero’s students logged on their
respective Facebook and identified the students on the picture as to be Julia
and Julienne who are drinking hard liquor and smoking cigarettes inside a bar
and another picture where both are wearing clothes that the entirety of their
black brassieres.
● Ms. Escudero reported the information to Kristine Rose Tigol (Tigol), STC’s
Discipline-in-Charge and through Facebook showed the pictures.
● Upon investigation of the school, they have identified that the students have
violated the protocols in the Students Handbook, which are as follows:
1. Possession of alcoholic drinks outside the school campus;
2. Engaging in immoral, indecent, obscene or lewd acts;
3. Smoking and drinking alcoholic beverages in public places;
4. Apparel that exposes the underwear;
5.Clothing that advocates unhealthy behavior; depicts obscenity; contains
sexually suggestive messages, language or symbols; and 6. Posing and
uploading pictures on the Internet that entail ample body exposure.
● On March 1, 2012 to STC’s principal and STC informed the parents of the
students that they cannot join the commencement exercises scheduled on
March 30, 2012.
● On March 23, 2012, Angela’s mother, Dr. Armenia M. Tan (Tan), filed a
Petition for Injunction and Damages before the RTC of Cebu City against
STC,et al., docketed as Civil Case No. CEB-38594
● On March 28, 2012, the RTC issued a temporary restraining order (TRO)
allowing the students to attend the graduation ceremony, to which STC filed a
motion for reconsideration.
● Despite the TRO, STC proceed with barring the students to attend the
commencement exercises scheduled on March 30, 2012.
● Due to the action of STC, the petitioner files at RTC for the Issuance of a
Writ of Habeas Data, docketed as SP. Proc. No. 19251-CEB on the basis of
the following considerations:
1. The privacy setting of their children’s Facebook accounts was set at
"Friends Only." Thus, they have a reasonable expectation of privacy.
2. The photos accessed belong to the girl, thus, it cannot be used and
reproduced without their consent. Escudero, however, violated their rights by
saving digital copies of the photos and by subsequently showing them to
STC’s officials. Thus, the Facebook accounts of petitioners’ children were
intruded upon
3. The intrusion into the Facebook accounts, as well as the copying of
information, data, and digital images happened at STC’s Computer
Laboratory; and
4. The petitioners, the interplay of the foregoing constitutes an invasion of
their children’s privacy and, thus, prayed that: (a) a writ of habeas data be
issued; (b) respondents be ordered to surrender and deposit with the court all
soft and printed copies of the subject data before or at the preliminary
hearing; and (c) after trial, judgment be rendered declaring all information,
data, and digital images accessed, saved or stored, reproduced, spread and
used, to have been illegally obtained.

ISSUE:
● W/N a writ of habeas data should be issues
● W/N there was an actual or threatened violation of the right to privacy,
in the liberty or security of the minors who are involve in the case.

HELD:
NO
● The writ of habeas data is a remedy available to any person whose
right to privacy in life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the
aggrieved party.
● The writ will not be issued on the basis merely of an alleged
unauthorized access to information about a person. The existence of a
persons right to informational privacy and showing at least a substantial
evidence of an actual or threatened violation of the right of the person in life,
liberty or security of the victims are indispensable before the privilege of the
writ may be extended.

The Right to privacy on Facebook

● The court rule that STC did not violate the petitioner’s privacy
● Facebook was armed with different privacy tools designed to regulate
the accessibility of a user’s profile as well as information uploaded by the
user.
● Facebook user can regulate the visibility and accessibility of digital
images(photos), posted on his or her personal bulletin or "wall," except for the
user’s profile picture and ID, by selecting his or her desired privacy setting:
1. Public - the default setting; every Facebook user can view the photo;
2. Friends of Friends - only the user’s Facebook friends and their friends can
view the photo;
3. Friends - only the user’s Facebook friends can view the photo;
4. Custom - the photo is made visible only to particular friends and/or
networks of the Facebook user; and
5. Only Me - the digital image can be viewed only by the user.

● STC did not violate their student’s privacy since the manner on which
they acquired was not illegal. The setting of photos privacy to “Friends Only”
is no assurance that it can no longer be viewed by another user who is not
Facebook Friends with the source of the content. The user who is not
Facebook Friend with source of the content. The user’s own Facebook can
share said content or tag others regardless of whether the user tagged by the
latter is Facebook Friends or not with the former.

Anti-Trafficking in Person

Shared priorities and beliefs influence the climate of a school community

and have an effect on student learning, achievement, and behavior. A safe
learning environment is imperative for overall student success, but overall
student safety is jeopardized when some students are being exploited and
victimized, particularly if the trafficker is using a student to recruit other
students or is connected to student social circles.

Because of the abuse associated with child trafficking, many victims

experience severe physical, emotional, and psychological trauma. The
symptoms of trauma can impact the learning experience of students and
may manifest as depression, anxiety, difficulty learning, aggression, or
truancy.37 Disruptive behavior or sudden changes in academic
performance should be considered a red flag that points to an underlying
problem. If the student has risk factors for trafficking, or if there are clear
indications of trafficking, then a specially trained school counselor or
licensed clinical social worker should investigate, protect the student from
further harm, report as required by state law or regulation, and determine
whether there are campus-wide impacts.

By educating children and families about their rights and the dangers of
human trafficking, children will be less likely to be manipulated or forced into
the industry. Children will also be more likely to stay in school, enabling them
to eventually get a good job that provides a fair wage. 

Education and knowledge of trafficking in persons among all members

of society are key to beating human traffickers. You have to use all of
the means at your disposal to raise awareness about the crime, its
nature, causes and damage to victims - Governments, civil society, the
press, private companies: each and every entity must work toward
promoting knowledge of this issue.
Citizen reporting is a major area which shouldn't be overlooked. Victims
can often be society's most marginalized members and it's up to
neighbours and friends to look out for one another. On this note, access
to authorities is key and the State should ensure that they are easily
reachable and that the key departments such as the police are
themselves educated about human trafficking. Here lies an opportunity
for NGOs to work closer with the State and to assist in identifying those
groups most at risk.

Cybercrimes

Most people are at least semi-aware that identity theft and network hacks are
possible, and are reasonably good at not intentionally downloading malicious
code or clicking dubious links. It is also common for organizations to
implement firewalls, comprehensive IT defense systems and IT policies and
protocols to keep themselves safe from online threats.

As these types of security threats cannot be prevented or even detected by

technology, the only effective solution to mitigate these attacks is to ensure
that your users are aware of these types of threats in the first place.
Moreover, because anyone with a network-connected computer or mobile
device can be targeted, and because cybercriminals will stop at nothing to
steal your data or blackmail your company, security awareness consulting is
absolutely essential. Without an embedded culture of cyber security
awareness and enforcement, all of those fancy and expensive firewalls and
painstakingly planned policies aren’t going to do you much good.

In today’s digital age, cyber crime affects all of us directly or indirectly

because as individuals and companies, we all have information that is worth
something to cyber criminals. We are living in an increasingly digital world and
it is very important that we educate ourselves about cyber security.

As cyber crime is getting bigger every day and the perpetrators are getting
more sophisticated, we are all vulnerable and the responsibility is on us as
individuals, companies and organisations to strengthen our defences and
reduce the risks by educating ourselves about cyber security. Cyber security
starts with all of us and it is our greatest weapon and best defence against
any cyber attack.

Data Privacy

Digital devices and similar tools can enhance students’ experience during
their educational journey. However, the use of smart devices in
classrooms and on school premises can have negative consequences.

While most teachers are concerned about students being distracted by

phones and laptops, few think about data privacy. Students are exposed to
common security risks each time they log into school computers or use the
school’s public WiFi.

In many jurisdictions, privacy is considered a fundamental human right, and

data protection laws exist to guard that right. Data privacy is also important
because in order for individuals to be willing to engage online, they have to
trust that their personal data will be handled with care. Organizations use data
protection practices to demonstrate to their customers and users that they can
be trusted with their personal data.

Personal data can be misused in a number of ways if it is not kept private or if

people don’t have the ability to control how their information is used:

 Criminals can use personal data to defraud or harass users.

 Entities may sell personal data to advertisers or other outside
parties without user consent, which can result in users receiving
unwanted marketing or advertising.
 When a person's activities are tracked and monitored, this may
restrict their ability to express themselves freely, especially under
repressive governments.

For individuals, any of these outcomes can be harmful. For a business, these
outcomes can irreparably harm their reputation, as well as resulting in fines,
sanctions, and other legal consequences.

In addition to the real-world implications of privacy infringements, many

people and countries hold that privacy has intrinsic value: that privacy is a
human right fundamental to a free society, like the right to free speech.

Current advances in technology now provide an unprecedented level of

usability and security for schools and students alike. Consequently, due a
growing number of IoT devices, security is of the utmost importance
surrounding student information.

In the educational ecosystem, data security impacts multiple aspects and

stakeholders, with students as a prime member. Privacy without data security
exposes students to multiple vulnerabilities who are the center of sensitive
information.
Data security should be taught in a simple educational format for students
and teachers to understand, fully so that they may be proactive instead of
reactive with their information and the consequences.

Sexual perpetrators do not pick someone with their own size. Children are
their easy target because they are unaware and innocent. According to
UNICEF, the major reason for OSEC is poverty. Poverty is a major stimulating
aspect of OSEC as this becomes an option to earn a living. A child becomes a
victim of OSEC as his/her parents makes him/her have a sexual act with
someone and monetary payment is involved. Poverty is also a motivating
factor of poor parenting, and it changes the family values that because of their
need to produce income, OSEC is becoming their only way out to alleviate
themselves from it.[4]

Child sexual abuse often leads to mental health problems like, post traumatic
disorders, depression, or trauma.[5]

Second, aside from poverty, Filipino children become easy-targets because

they are well-skilled to learn the English language.[6] As most perpetrators
come from the West, there is a minimal form of adjustment when it comes to
having a conversation with a person. As Philippines is also an English-
speaking country, many have seen this as an asset for the sex industry.

Third, as of 2019, Philippines has the heaviest internet users in the world.
Accessing to digital contents such as videos, photos, etc. can be within reach
of every person. This is an added factor to the problem as perpetrators can
produce and spread contents that can harm and exploit children.

How to keep children safe from online sexual exploitation

Child Right’s Network Philippines (CRN) and SaferKidsPH, recently released

an internet safety tips that you can follow in order to protect your children from
its harmful effects. This way, we can ensure that a child is well-protected, and
he/she will be aware on making himself/herself safe when using the internet.