FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
-7 
,111' -; 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 572 
I 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Children are among the most vulnerable members of society. It is often 
said and it is undoubtedly true, that children are the future of our country; hence, 
the government should fulfill its mandate to provide full protection and support to 
this sector. As enshrined in the Constitution, "The State recognizes the vital role 
of the youth in nation-building and shall promote and protect their physical, 
moral, spiritual, intellectual and social well-being. It shall inculcate in the youth 
patriotism and nationalism, and encourage their involvement in public and civic 
affairs." 
The rapid development in technology brings a multitude of advantages in 
the various industries in our community. However, along the benefits brought by 
it are devastating effects in our society, and appallingly, the children are among 
the unfortunate victims of this. 
Children are among, if not the most abused victims of pornography. And 
because of the wide reach of the means of communications and technology in 
our age, the disastrous effects of the same have also spread to a wide reach. 
This proposed measure seeks to arrest child pornography by providing for 
systems and guidelines on how to protect children from such activity and by 
identifying penalties for those who commit such acts. 
For the promotion of the welfare of the Filipino children, immediate 
approval of this bill is earnestly sought. 
JERCITO ESTRADA 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
7 . l c - I - > ' >  
Senate Bill No. 5 7 2 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROHIBITING CHILD PORNOGRAPHY, IMPOSING PENALTIES FOR THE 
COMMISSION THEREOF AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
Section I .  Short Title. This Act shall be known as the "Anti-Child 
Pornography Act of 2007"'. 
Sec 2. Declaration of State Policy. It is the State's policy to: 
a. Guarantee the rights of every child from all forms of neglect, 
cruelty, and other conditions prejudicial to their development; 
b. Protect the child from all forms of exploitation and abuse, such 
as: 
1. the exploitative use of a child or children in 
pornographic performances and materials; and, 
2. the inducement or coercion of a child to engage in or 
perform any sexual activity or practices, through 
whatever means; and, 
c. Comply with the country's two international treaties concerning 
the rights of children namely, the Convention on the Rights of 
the Child and the 2"d Optional Protocol to the Convention on the 
Rights of the Child. 
Sec 3. Definition of Terms. For purposes of this Act, the following terms 
shall be defined as follows: 
a. 
Child - refers to a person below fifteen (15) years of age or those 
over but is unable to fully take care of oneself from abuse, neglect, 
cruelty, exploitation, or discrimination, bec ause of a physical or 
mental disability or condition; 


b. ' 
Sexual Exploitation - refers to the participation of a child in the 
production of pornographic materials; 
Child Pornography - refers to any visual or audio representation of 
a child or a person depicted as one, engaging in real or simulated 
explicit sexual activities. It may include the depiction of a child in 
whatever means that would result in the manifestation of any form 
of prurient interest. The representation shall be in whatever form of 
computer graphics or by any electronic or mechanical means, 
including the use of information technology and the Internet; 
Internet Service Provider - refers to a company which provides 
Internet access for individuals, organizations, and companies. An 
Internet Service Provider usually has multiple access methods, 
including dial-up, Wireless Local Area Networks (Wi-Fi), Digital 
Subscriber Line (DSL), and cable modem; 
Person - refers to any natural or juridical entity; 
The Department - refers to the Department of Social Welfare and 
Development; 
c. 
d. 
e. 
f. 
g. 
Commercial Use - shall mean pornographic materials of such 
quantity intended for sale and with the end view of making a profit. 
Three or more pornographic materials of each kind or issue shall be 
prima facie evidence that the same is for Commercial Use; 
Personal Use - shall refer to pornographic materials for private use 
and purpose and not intended for sale; 
h. 
Sec 4. Unlawful or Prohibited Acts. It shall be unlawful for any person to 
commit any of the following acts: 
a. 
To induce or recruit a Child to participate in the production of 
pornographic materials; 
To produce, through any means, including the use of computer 
graphics electronic or mechanical means any child pornographic 
material as defined in section 3(c) hereof; 
b. 
c. 
To publish, sell, distribute, broadcast, export and import for 
Commercial Use through any means, such as but not limited to, 
writings and pictures, books, magazines, billboards, tabloids, 
comics, posters, cards, calendars, decals, stickers, paintings, 
photographs, television shows, motion pictures, computer graphics 
or by any electronic or other means including the use of information 
technology such as mobile phones and the internet, child 
pornographic materials as defined in section 3(c) hereof; 
To possess any child pornographic material as defined in this Act, 
with or without the intent to publish, sell, distribute and broadcast; 
To export or import such material for Personal Use; 
d. 
e. 
f. 
To disclose to the media and the public the name, address, 
telephone number, school, or o ther identifying information of a. 


child who is or is alleged to be a victim of Sexual Exploitation, or an 
immediate family of the child; 
To publish or cause to be published in any format the name, 
address, telephone number, school, or other identifying information 
of a child who is or is alleged to be a victim of Sexual Exploitation, 
or an immediate family of the child. 
g. 
Sec 5. Prosecution of Cases. Any person who has personal knowledge 
of the commission of any of the offenses under this Act, including but not limited 
to the child, parents, siblings, legal guardian, the Department, or police officers 
may file a complaint against the persons committing such offense. 
Sec 6. Responsibility of Internet Service Providers. All Internet Service 
Providers (ISPs) shall notify the proper law enforcement agency after learning 
that a website containing child pornography exists on its server. If an ISP willfully 
fails to report the said websites and violators or cooperate in the investigation of 
said violators, then they will be penalized in accordance to Section 7 thereof. 
Sec 7. Penalties and Sanctions. The following penalties and sanctions 
are hereby established for offenses enumerated in this Act: 
a. 
Any person found guilty of committing any of the acts 
enumerated in Section 4(a) shall suffer the penalty of life 
imprisonment and a fine of not less than Two Million Pesos 
(Php 2,000,000.00) but not more than Five Million Pesos (Php 
5,000,000.00); 
b. 
C. 
d. 
e. 
Any person found guilty of committing any of the acts 
enumerated in section 4(c) shall suffer the penalty of twelve (12) 
years and one (1) day to twenty (20) years and a fine of not less 
than One Million Pesos (Php 1,000,000.00) but not more than 
Two Million (Php 2,000,000.00) Pesos; 
Any person found guilty of committing the act defined in Section 
4(d) and (e) shall suffer the penalty of six (6) years and one day 
to twelve (12) years and a fine of not less than Five Hundred 
Thousand Pesos (PhP 500,000.00) but not more than One 
Million Pesos (PhP 1,000,000.00); 
Any officers of the law, prosecutor office or the Court found 
guilty of committing the act defined in section 4(9 shall suffer 
the penalty of six (6) months and one day to one (1) year and a 
fine of not less than One Hundred Thousand Pesos (Php 
100,000.00) but not more than Three Hundred Thousand Pesos 
(Php 300,000.00) with the accessory penalty of perpetual 
disqualification from holding any public office; 
Any person found guilty of committing the act defined in Section 
4(g) shall suffer the penalty of one (1) month and one (1) day to 
six (6) months and a fine of not less than One Hundred 
Thousand Pesos (Php 100,000.00) but not more than Three 
Hundred Thousand Pesos (PhP 300,000.00); 


f. 
g. 
h. 
If the offender is a juridical person, the penalty shall be imposed 
upon the owner, manager, partner, member of the board of 
directors, and any responsible officer, who participated in the 
commission of the crime or shall have knowingly permitted or 
failed to prevent its commission; 
If the offender is a foreigner, he shall be immediately deported 
after the complete service of his sentence and shall forever be 
barred from entering the country; 
Any Internet Service Providers found guilty of committing the act 
enumerated in Section 6 shall suffer the penalty of forfeiture of 
license and a fine of not less than Two Million Pesos (Php 
2,000,000.00) but not more than Five Million Pesos (Php 
5,000,000.00). 
Sec 8. Confidentiality. The right to privacy of the child shall be ensured 
at all times in whatever stage of the investigation or judicial proceedings. The 
following rules shall be observed in the investigation, prosecution and trial for 
violation of this Act, taking into consideration the best interest of the child: 
a. The Judge, Prosecutor, or any officer of the law shall conduct a closed- 
door investigation, prosecution or trial. 
b. 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. 
2. 
3. 
4. 
5. 
6. 
Members of the court staff for administrative use; 
The prosecuting attorney; 
Defense counsel: 
The guardian ad litem; 
Agents of investigating law enforcement agencies; and 
Other persons as determined by the court. 
c. Any child pornographic materials that are part of the court record shall 
be under a protective order that provides as follows: 
1. Child pornographic materials may be viewed only by parties, 
their counsel, their expert witness, and the guardian ad litem. 
2. No child pornographic material, or any portion thereof, shall be 
divulged to any other person, except as necessary for the 
investigation, prosecution or trial. 
3. No person shall be granted access to the child pornographic 
material or any part thereof unless he signs a written affirmation 
that he has received and read a copy of the protective order: 
that he submits to the jurisdiction of the court with respect to the 


protective order; and that in case of violation thereof, he will be 
subject to the contempt power of the court. 
4. No tape shall be given, loaned, sold, or shown to any person 
except as ordered by the court. 
Sec 9. Protective Custody of the Child. The child shall be immediately 
placed under the custody of the Department if the parents or legal guardian are 
the accused or they are unwilling or unable to provide care and protection to the 
child. To ensure the recovery, rehabilitation, and reintegration of the child into the 
mainstream of society, the Department shall make available the following 
services to the child and his family or legal guardian: 
a. Emergency shelter or appropriate housing; 
b. Counseling; 
c. Free legal services which shall include information about the victims' 
rights and the procedure for filing complaints, and other legal remedies 
available to them: 
d. Medical and Psychological services; 
e. Educational Assistance; and 
f. Livelihood Assistance 
Sec 70. Lead Agency. The Department shall be the lead agency to 
monitor the compliance of the provisions of this act. It shall formulate policies and 
programs that will promote awareness and education against Child Pornography. 
Sec 77. Funding. The Philippine Charity Sweepstakes Office (PCSO) and 
the Philippine Amusement and Gaming Corporation (PAGCOR) shall allocate 
from their respective earnings the amount of Twenty Five Million Pesos (PhP 25, 
000,000.00) each which shall accrue to a special account in the Department for 
the proper implementation of this Act. 
Sec 72. Confiscation and Forfeiture of the Proceeds derived from 
Child Pornography. In addition to the penalty imposed under this Act, the court 
shall order the confiscation and forfeiture, in favor of the government, of all 
proceeds and properties derived from and used in the commission of the 
offenses under Section 4 (b), (c), (d) and (e) of this Act. 
When the proceeds, properties and instruments of the offense have been 
destroyed, diminished in value or otherwise rendered worthless by any act or 
omission, directly or indirectly by the offender or it has been concealed, removed, 
converted, or transferred to prevent the same from being found or forfeited, the 
offender shall be ordered to pay the amount equal to the value of the proceeds, 
property or instrument of the offense. 
All proceeds derived from the offense of child pornography shall accrue to 
the special account in the Department mentioned above. 


Sec 73, lmplemenfing Rules and Regulations. Within thirty (30) days 
from the effectivity of this Act, the Department, with the Department of Justice 
and other government agencies and non-government organizations, after due 
consultation, shall promulgate the necessary rules and regulations for the 
implementation of this Act. 
Sec 74. Separability Clause. If any part of this Act is declared 
unconstitutional or invalid, the other provisions not affected thereby shall 
continue to be in full force and effect. 
Sec 75. Repealing Clause. All laws, decrees, rules and regulations or 
parts thereof inconsistent with this Act are hereby repealed, modified or amended 
accordingly. 
Sec 16 . Effectivity. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved.