R.A. No.

9775
ANTI-CHILD PORNOGRAPHY ACT OF 2009
❖ CHILD- Refers to a person below eighteen (18) years of age or over,
but is unable to fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental
disability or condition.
Child also refers to:
1. A person regardless of age who is presented, depicted or portrayed
as a child as defined herein; and
2. Computer-generated, digitally or manually crafted images or graphics
of a person who is represented or who is made to appear to be a
child as defined herein.
❖ CHILD PORNOGRAPHY- Refers to any representation, whether
visual, audio, or written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other means, of child
engaged or involved in real or simulated explicit sexual activities.
❖ Explicit Sexual Activity includes actual or simulated-
1. As to form:
Sexual intercourse or lascivious act including, but not limited to,
contact involving genital to genital, oral to genital, anal to genital, or
oral to anal, whether between persons of the same or opposite sex;
2. BESTIALITY- The performance of any sexual act between a human
being and an animal.
3. Masturbation;
4. Sadistic or masochistic abuse;
5. Lascivious exhibition of the genitals, buttocks, breasts,
pubic area and/or anus; or
6. Use of any object or instrument for lascivious acts.
❖ Internet address- Refers to a website, bulletin board
service, internet chat room or news group, or any other
internet or shared network protocol address.
❖ Internet cafe or kiosk- Refers to an establishment that offers or
proposes to offer services to the public for the use of its computer/s
or computer system for the purpose of accessing the internet,
computer games or related services.
❖ Internet content host- refers to a person who hosts or who
proposes to host internet content in the Philippines.
❖ Internet service provider (ISP)- refers to a person or entity that
supplies or proposes to supply, an internet carriage service to the
public.
❖ Grooming- refers to the act of preparing a child or someone who
the offender believes to be a child for sexual activity or sexual
relationship by communicating any form of child pornography. It
includes online enticement or enticement through any other means.
❖ Luring- refers to the act of communicating, by means of a computer
system, with a child or someone who the offender believes to be a
child for the purpose of facilitating the commission of sexual activity or
production of any form of child pornography.(2) Bestiality;
❖ Pandering- refers to the act of offering, advertising, promoting,
representing or distributing through any means any material or
purported material that is intended to cause another to believe that
the material or purported material contains any form of child
pornography, regardless of the actual content of the material or
purported material.
 UNLAWFUL OR PROHIBITED ACTS
❖ To hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of any form of child pornography;
❖ To produce, direct, manufacture or create any form of child pornography;
❖ To publish offer, transmit, sell, distribute, broadcast, advertise, promote,
export or import any form of child pornography;
❖ To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast: Provided. That possession of three (3)
or more articles of child pornography of the same form shall be prima
facie evidence of the intent to sell, distribute, publish or broadcast;
❖ To knowingly, willfully and intentionally provide a venue for
the commission of prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
❖ For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
❖ For a parent, legal guardian or person having custody or
control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;
❖ To engage in the luring or grooming of a child;
❖ To engage in pandering of any form of child pornography;
❖ To willfully access any form of child pornography;
❖ To conspire to commit any of the prohibited acts stated in this
section. Conspiracy to commit any form of child pornography
shall be committed when two (2) or more persons come to an
agreement concerning the commission of any of the said
prohibited acts and decide to commit it; and
❖ To possess any form of child pornography.
❖ Syndicated Child Pornography– The crime of child pornography is
deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring or confederating with one another.
Who May File a Complaint– Complaints on cases of any form of child
pornography and other offenses punishable under this Act may be filed by
the following:
❖ Offended party;
❖ Parents or guardians;
❖ Ascendant or collateral relative within the third degree of
consanguinity;
❖ Officer, social worker or representative of a licensed child-caring
institution;
❖ Officer or social worker of the Department of Social Welfare and
Development (DSWD);
❖ Local social welfare development officer;
❖ Barangay chairman;
❖ Any law enforcement officer;
❖ At least three (3) concerned responsible citizens residing in the
place where the violation occurred; or
❖ Any person who has personal knowledge of the circumstances of
the commission of any offense under this Act.
Jurisdiction– Jurisdiction over cases for the violation of this Act shall be
vested in the Family Court which has territorial jurisdiction over the place
where the offense or any of its essential elements was committed
pursuant to R.A. No. 8369, otherwise known as “Family Courts Act of
1997”.
Duties of an Internet Service Provider (ISP)– All internet service
providers (ISPs) shall notify the Philippine National Police (PNP) or
the National Bureau of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child pornography is
being committed using its server or facility. Nothing in this section may be
construed to require an ISP to engage in the monitoring of any user,
subscriber or customer, or the content of any communication of any such
person: Provided, That no ISP shall be held civilly liable for damages
on account of any notice given in good faith in compliance with this
section. ISP shall preserve such evidence for purpose of investigation
and prosecution by relevant authorities.
❖ An ISP shall, upon the request of proper authorities, furnish
the particulars of users who gained or attempted to gain
access to an internet address which contains any form of
child pornography.
❖ All ISPs shall install available technology, program or software
to ensure that access to or transmittal of any form of child
pornography will be blocked or filtered.
❖ An ISP who shall knowingly, willfully and intentionally violate
this provision shall be subject to the penalty provided under
Section 15(k) of this Act.
Responsibility of Mall Owners/Operators and Owners or Lessors of
Other Business Establishments– All mall owners/operators and owners
or lessors of other business 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 presumption of the knowledge of the mall owners/operators
and owners or lessors of other business establishments of the violation of
this Act: Provided, further, That a disputable presumption of knowledge by
mall owners/operators and owners or lessors of other business
establishments should know or reasonably know that a violation of this
Act is being committed in their premises.
❖ Photo developers, information technology professionals, credit
card companies and banks and any person who has direct
knowledge of any form of child pornography activities shall have
the duty to report any suspected child pornography materials or
transactions to the proper authorities within seven (7) days from
discovery thereof.
❖ Any willful and intentional violation of this provision shall be
subject to the penalty provided under Section 15(l) of this Act.
❖ Confidentiality– The right to privacy of the child shall be ensured
at any stage of the investigation, prosecution and trial of an offense
under this Act. Towards this end, the following rules shall be
observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint
has been referred to may, whenever necessary to ensure a fair and
impartial proceeding and after considering all circumstances for the best
interest of the child conduct a closed-door investigation, prosecution or
trial;
(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 shall not be disclosed to the public;
(c) Any record regarding a child shall be confidential and kept
under seal. Except upon written request and order of the court, a
record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Other persons as determined by the court.
(d) Any form of child pornography that is part of the court records
shall be subject to a protective order that provides as follows:
(1) Any form of child pornography may be viewed only by the
parties, their counsel, their expert witness and guardian ad litem;
(2) Neither form of child pornography nor any portion thereof shall
be divulged to any other person, except as necessary for
investigation, prosecution or trial; and
(3) No person shall be granted access to any form of child pornography or
any part thereof unless he/she signs a written affirmation that he/she has
received and read a copy of the protection order; that he/she submits to the
jurisdiction of the court with respect to the protective order; and that, in case
of violation thereof, he/she will be subject to the contempt power of the court;
and
(e) In cases when prosecution or trial is conducted behind closed doors, it
shall be unlawful for any editor, publisher and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person
utilizing the tri-media facilities or information technology to publish or
broadcast the names of the victims of any case of child pornography.
Any violation of this provision shall be subject to the penalty provided for
under Section 15(m) of this Act.
❖ Care, Custody and Treatment of a Child Victim– The DSWD shall
ensure that the child who is a victim of any form of child pornography
is provided appropriate care, custody and support for their recovery
and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to the
rights and benefits of witnesses under R.A. No. 6981, otherwise known as
“The Witness Protection, Security and Benefit Act”.
The child shall also be considered as a victim of a violent crime defined
under Section 3(d) of R.A. 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 Violent Crimes and for
Other Purposes”, so that the child may claim compensation therein.
 COMMON PENAL PROVISIONS
(a) If the offender is a parent, ascendant, guardian, step-parent or
collateral 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 its maximum duration; Provided, That this
provision shall not apply to Section 4(g) of this Act;
(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 officer who participated in the commission of the crime or
shall have knowingly permitted or failed to prevent its commissions;
(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 country; and
(d) The penalty provided for in this Act shall be imposed in its maximum
duration if the offender is a public officer or employee.
 BAR QUESTIONS
Mr. P owns a boarding house where he knowingly allowed children to be
videotaped while simulating explicit sexual activities. What is Mr. P's
criminal liability, if any?
Answer: Violation of the Child Pornography Act
Conspiracy to commit felony is punishable only in cases in which
the law specifically provides a penalty therefore. Under which of the
following instances are the conspirators not liable? (2012 Bar Question)
A) Conspiracy to commit arson.
B) Conspiracy to commit terrorism.
C) Conspiracy to commit child pornography.
D) Conspiracy to commit trafficking in persons.
Answer: D. Conspirators are liable for conspiracy to commit arson
(Section 7 of PD No. 1613), conspiracy to commit terrorism (Section 4 of
RA No. 9372) and conspiracy to commit child pornography (Section [K] of
RA No. 9775) because the law provides penalty thereof. However,
conspirators are not liable for conspiracy to commit trafficking in persons
because RA No. 9208 has not provided a penalty for it.
 Thank you!

Prepared by: Mariano L. Caldingon