Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
DEFINING THE CRIME OF CHILD PORNOGRAPHY AND ONLINE SEXUAL 
EXPLOITATION, AMENDING REPUBLIC ACT NO. 9775, OTHERWISE 
KNOWN AS THE ANTI-CHILD PORNOGRAPHY ACT OF 2009, AND FOR 
OTHER PURPOSES 
EXPLANATORY NOTE 
The State provides that it shall protect the fundamental rights of every 
child and ensure the safety of their physical, moral, spiritual, intellectual, 
emotional, psychological, and social well-being. 
Thirteen years ago, the Anti-Child Pornography Act of 2009 was passed 
into law with the intention of curbing the sexual abuse and exploitation of 
children. However, with the advances in digital technology, and the massive 
presence of children online at one in every three internet users1, keeping them 
away from the perils of predators online is an enormous challenge for the 
government as well other non-government sectors. 
In 2017, United Nations International Children’s Education Fund 
(UNICEF) reported that 8 in every 10 Filipino children are at high risk of being 
online prey to abuse and exploitation, making Philippines the number one 
global source of child pornography and a hub for the live-stream sexual abuse 
trade. 
At the height of global pandemic and quarantine lockdowns last year, 
there were about two million Filipino children who have experienced online 
1 UNICEF, Dec 12, 2017. https://www.unicef.org/philippines/press-releases/unicef-make-digital-world-safer-
children-while-increasing-online-access-benefit-most Accessed Online on August 5, 2022 
August 26, 2022
8:00 am
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sexual abuse2. Despite the efforts of the government and other stakeholders, 
the country is only making little progress in keeping children safe in the fast-
changing digital era. 
This bill seeks to enhance the coverage of RA 9775 by expanding the 
definition of sexual exploitation of children to include other of forms of abuse 
previously not defined. By including these definitions, the bill hopes to keep 
up with varying forms of online predation that puts children in danger as 
frequent and massive internet users. 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought. 
REP. PM VARGAS  
Fifth District, Quezon City 
2 Philippine Star. April 19, 2022 https://www.philstar.com/headlines/2022/04/19/2175314/2-m-children-
philippines-may-have-been-victims-online-sexual-abuse-last-year-report Accessed Online on August 25, 2022 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
DEFINING THE CRIME OF CHILD PORNOGRAPHY AND ONLINE SEXUAL 
EXPLOITATION, AMENDING REPUBLIC ACT NO. 9775, OTHERWISE 
KNOWN AS THE ANTI-CHILD PORNOGRAPHY ACT OF 2009, AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Child 
Pornography and Online Sexual Exploitation Act.” 
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, emotional, psychological and social well-being. 
Towards this end, the State shall: 
a) Guarantee the fundamental rights of every child from all forms of
neglect, 
cruelty 
and 
other 
conditions 
prejudicial 
to 
his/her
development;
b) Protect every child from all forms of pornography and online sexual
exploitation including, but not limited to:
1) the use of a child in pornographic performances and materials;
and
2) the inducement or coercion of a child to engage or be involved in
child pornography or online sexual exploitation through
whatever means;
3) pretend, depict, or portray a child for the purpose of
pornography, sexual objectification and online sexual
exploitation; and
4116


 
 
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 Convention on the Rights of the Child, 
the Optional Protocol to the Convention on 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 on the Elimination of the Worst Forms of Child Labor and the 
Convention Against Transnational Organized Crime. 
 
SECTION 3. Definition of Terms. - 
 
a) "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. 
 
 
For the purpose of this Act, a child shall also refer 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. 
 
b) "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; 
(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 
 
c) "Internet address" refers to a website, bulletin board service, internet 
chat room or news group, or any other internet or shared network 
protocol address. 
 
d) "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. 
 
e) "Internet content host" refers to a person who hosts or who proposes to 
host internet content in the Philippines. 


 
 
 
f) "Information and Communications Technology service provider 
(ICT SP)" is a person or entity that captures, transmits, or displays 
or any combination thereof of voice, image text or data and 
information electronically for recording, processing, monitoring or 
transmission of voice or data, image or text or any combination 
thereof for use in data processing, transmission, duplication, text 
processing, document reproduction or transmission, record-
keeping 
or 
retrieval, 
broadcasting 
or 
transmission 
for 
entertainment or information purposes of voice, image or text any 
combination thereof and the provision of services relating to these. 
 
g) "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 or sexual 
exploitation material. It includes online enticement or enticement 
through any other means. 
 
h) "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 or sexual exploitation 
material. 
 
i) "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 
or sexual exploitation material, regardless of the actual content of the 
material or purported material. 
 
j) "Person" refers to any natural or juridical entity. 
 
k) “Child pornography and exploitation material” refers to any 
online or offline representation, whether visual, audio, or written 
combination thereof, by electronic, mechanical, digital, optical, 
magnetic or any other means, of sexual objectification of a child, or 
a child engaged or involved in real or simulated explicit sexual activities.  
 
In the online platform, sexual abuse or exploitation material shall 
include visual or audio or written materials or a combination thereof 
which is distributed via email, text message, instant messaging, chat 
rooms, peer-to-peer file sharing networks, social media platforms, and 
unencrypted communication apps or traded on password-protected 
sites, bulletin boards, and forums. 
 
l) “Sexual objectification” refers to any act of treating a child as 
an object of sexual desire. 
 


 
 
SECTION 4. Unlawful or Prohibited Acts. - It shall be unlawful for any 
person: 
 
(a) To hire, employ, use, persuade, induce or coerce a child to perform in 
the creation or production of any form of child pornography or sexual 
exploitation material; 
 
(b) To produce, direct, manufacture or create any form of child 
pornography or sexual exploitation material; 
 
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, 
promote, export or import any form of child pornography or sexual 
exploitation material; 
 
(d) To possess any form of child sexual abuse or exploitation material with 
the intent to sell, distribute, publish, or broadcast: Provided. That 
possession of more than one (1) child pornography or sexual 
exploitation material of the same form shall be prima facie evidence 
of the intent to sell, distribute, publish or broadcast; 
 
(e) 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; 
 
(f) For film distributors, theaters and telecommunication companies, by 
themselves or in cooperation with other entities, to distribute any form 
of child sexual abuse or exploitation material; 
 
(g) 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 sexual abuse or exploitation; 
 
(h) To solicit online sex or any act that constitutes child pornography 
or sexual exploitation; 
 
(i) To engage in the luring or grooming of a child; 
 
(j) To engage in pandering of any form of child pornography or sexual 
exploitation material; 
 
(k) To willfully access any form of child pornography or sexual 
exploitation material; 
 
(l) To conspire to commit any of the prohibited acts stated in this section. 
Conspiracy to commit any form of child pornography or sexual 
exploitation 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 


 
 
 
(m) To possess any form of child pornography and sexual exploitation 
material. 
 
SECTION 
5. Syndicated 
Child 
Pornography 
or 
Online 
Sexual 
Exploitation. - The crime of child pornography and online sexual 
exploitation is deemed committed by a syndicate if carried out by a group of 
three (3) or more persons conspiring or confederating with one another and 
shall be punished under Section 15(a) of this Act. 
 
SECTION 6. Who May File a Complaint. - Complaints on cases of any form 
of child sexual abuse and exploitation material and other offenses 
punishable under this Act may be filed by the following: 
 
(a) Offended party; 
 
(b) Parents or guardians; 
 
(c) Ascendant or collateral relative within the third degree of consanguinity; 
 
(d) Officer, social worker or representative of a licensed child-caring 
institution; 
 
(e) Officer or social worker of the Department of Social Welfare and 
Development (DSWD); 
 
(f) Local social welfare development officer; 
 
(g) Barangay chairman; 
 
(h) Any law enforcement officer; 
 
(i) At least three (3) concerned responsible citizens residing in the place 
where the violation occurred; or 
 
(j) Any person who has personal knowledge of the circumstances of the 
commission of any offense under this Act. 
 
SECTION 7. Appointment of Special Prosecutors. - The Department of 
Justice (DOJ) shall appoint or designate special prosecutors to prosecute 
cases for the violation of this Act. 
 
SECTION 8. 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 Republic Act No. 8369, otherwise known as "Family Courts Act 
of 1997". 
 


 
 
SECTION 9. Duties of an Information and Communications Technology 
Service Provider (ICT SP). - All Information and Communications 
Technology Service Providers (ICT SPs) 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 
and online sexual exploitation is being committed using its server or facility. 
Nothing in this section may be construed to require an ICT SP to engage in 
the monitoring of any user, subscriber or customer, or the content of any 
communication of any such person: Provided, That no ICT SP shall be held 
civilly liable for damages on account of any notice given in good faith in 
compliance with this section. 
 
Furthermore, an ICT SP shall preserve such evidence for purpose of 
investigation and prosecution by relevant authorities. 
 
An ICT SP 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 and sexual 
exploitation material. 
 
 
All ICT SP shall install available technology, program or software to ensure 
that access to or transmittal of any form of child pornography and sexual 
exploitation material will be blocked or filtered. 
 
An ICT SP who shall knowingly, willfully and intentionally violate this 
provision shall be subject to the penalty provided under Section 15(k) of this 
Act. 
 
The Department of Information and Communications Technology (DICT) 
and the National Telecommunications Commission (NTC) shall promulgate 
within ninety (90) days from the effectivity of this Act the necessary rules and 
regulations for the implementation of this provision which shall include, 
among others, the installation of filtering software that will block access to or 
transmission of any form of the child pornography and online sexual 
exploitation. 
 
SECTION 10. 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 forty-eight (48) hours from obtaining facts and 
circumstances that child pornography and sexual exploitation material is 
being committed in their premises. Provided, That public display of any form 
of child pornography and sexual exploitation material 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 and online sexual exploitation activities shall have 
the duty to report any suspected child pornography and sexual exploitation 
materials or transactions to the proper authorities within forty-eight (48) 
hours 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. 
 
SECTION 11. Duties of an Internet Content Host. - An internet content 
host shall: 
 
(a) Not host any form of child pornography and online sexual 
exploitation on its internet address; 
 
(b) Within forty-eight (48) hours, report the presence of any form of child 
pornography and sexual exploitation, as well as the particulars of the 
person maintaining, 
hosting, 
distributing 
or 
in 
any 
manner 
contributing to such internet address, to the proper authorities; and 
(c) Preserve such evidence for purposes of investigation and prosecution 
by relevant authorities. 
 
An internet content host shall, upon the request of proper authorities, furnish 
the particulars of users who gained or attempted to gain access to an internet 
address that contains any form of child pornography and online sexual 
exploitation. 
 
An internet content host who shall knowingly, willfully and intentionally 
violate this provision shall be subject to the penalty provided under Section 
15(j) of this Act: Provided, That the failure of the internet content host to 
remove any form of child pornography and sexual exploitation material 
within forty-eight (48) hours from receiving the notice that any form of child 
pornography and sexual exploitation material is hitting its server shall be 
conclusive evidence of willful and intentional violation thereof. 
 
SECTION 12. Authority to Regulate Internet Café or Kiosk. - The local 
government unit (LGU) of the city or municipality where an internet café or 
kiosk is located shall have the authority to monitor and regulate the 
establishment and operation of the same or similar establishments in order 
to prevent violation of the provisions of this Act. 
 
SECTION 13. 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 and online sexual exploitation l that 
is part of the court records shall be subject to a protective order that 
provides as follows: 
 
 (1) Any form of child pornography and online sexual 
exploitation may be viewed   
only by the parties, their 
counsel, their expert witness and guardian ad litem; 
  
 
 (2) Neither form of child pornography and sexual exploitation 
material 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 and sexual exploitation material 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 and online sexual exploitation. 
 
Any violation of this provision shall be subject to the penalty provided 
for under Section 15(m) of this Act. 
 
SECTION 14. 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 and online sexual exploitation 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 Republic Act 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 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 Violent Crimes and for Other 
Purposes", so that the child may claim compensation therein. 
 
SECTION 15. Penalties and Sanctions. - The following penalties and 
sanctions are hereby established for offenses enumerated in this Act: 
 
(a) Any person found guilty of syndicated child pornography and online 
sexual exploitation as defined in Section 5 of this Act shall suffer the 
penalty of reclusion perpetua and a fine of not less than Two million 
pesos (Php2,000,000.00) but not more than Five million pesos 
(Php5,000,000.00); 
 
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act 
shall suffer the penalty of reclusion temporal in its maximum period 
and a fine of not less than One million pesos (Php1,000,000.00) but not 
more than Two million (Php2,000,000.00); 
 
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act 
shall suffer the penalty of reclusion temporal in its medium period and 
a fine of not less than Seven hundred fifty thousand pesos 
(Php750,000.00) 
but 
not 
more 
than 
One 
million 
pesos 
(Php1,000,000.00); 
 
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer 
the penalty of reclusion temporal in its minimum period and a fine of 
not less than Five hundred thousand pesos (Php500,000.00) but not 
more than Seven hundred thousand pesos (Php700,000.00); 


 
 
 
(f) Any person found guilty of violating Section 4(h) of this Act shall suffer 
the penalty of prision mayor in its maximum 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(I) of this Act shall suffer 
the 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); 
 
(h) 
Any person found guilty of violating Section 4(j) of this Act shall 
suffer the 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 thousand pesos (Php300,000.00); 
 
(i) Any person found guilty of violating Section 4(k) of this Act shall suffer 
the penalty of prision correccional in its medium period and a fine of 
not less than One hundred thousand pesos (php100,000.00) but not 
more than Two hundred fifty thousand pesos (php250,000.00); 
 
(j) Any person found guilty of violating Section 4(l) of this Act shall suffer 
the penalty of arresto mayor in its minimum period and a fine of not 
less than Fifty thousand pesos (Php50,000.00) but not more than One 
hundred thousand pesos (Php100,000.00); 
 
(k) Any person found guilty of violating Section 11 of this Act shall suffer 
the penalty of prision correccional in 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) for the first offense. In the case of 
a subsequent offense, the penalty shall be a fine 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 closure of the establishment; 
 
(l) Any ISP found guilty of willfully and knowingly failing to comply with 
the notice and installation requirements under Section 9 of this Act 
shall suffer the penalty of a fine of not less than Five hundred thousand 
pesos (Php500,000.00) but not more than One million pesos 
(Php1,000,000.00) for the first offense. In case of subsequent offense, 
the penalty shall be a fine of not less than One million pesos 
(Php1,000,000.00) 
but 
not 
more 
than 
Two 
million 
pesos 
(Php2,000,000.00) and revocation of its license to operate; 
 
(m) 
Any mall owner-operator and owner or lessor of other business 
establishments including photo developers, information technology 
professionals, credit card companies and banks, found guilty of willfully 
and knowingly failing to comply with the notice requirements under 
Section 10 of this Act shall suffer the penalty of a fine of not less than 


 
 
One million pesos (Php1,000,000.00) but not more than Two million 
pesos (Php2,000,000.00) for the first offense. In the case of a 
subsequent offense, the penalty shall be a fine of 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 closure of the establishment; and 
 
(n) 
Any person found guilty of violating Section 13 of this Act shall 
suffer the penalty of arresto mayor in its minimum period and a fine of 
not less than One hundred thousand pesos (Php100,000.00) but not 
more than Three hundred thousand pesos (Php300,000.00). 
 
SECTION 16. 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. 
 
SECTION 17. Confiscation and Forfeiture of the Proceeds, Tools and 
Instruments Used in Child Pornography and Sexual Exploitation. - 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 and instruments used in the commission of the crime, unless 
they are the property of a third person not liable for the unlawful 
act; Provided, however, That all awards for damages shall be taken from the 
personal and separate properties of the offender; Provided, further, That if 
such properties are insufficient, the deficiency shall be taken from the 
confiscated and forfeited proceeds, tools and instruments. 
 
All proceeds derived from the sale of properties used for the commission of 
any form of child pornography and online sexual exploitation shall accrue 
to the special account of the DSWD which shall be used exclusively for the 
implementation of this Act. 
 


 
 
When the proceeds, tools and instruments used in the commission of the 
offense have been destroyed diminished in value or otherwise rendered 
worthless by any act or omission, directly or indirectly, of the offender, or it 
has been concealed, removed, converted or transferred to prevent the same 
from being found or to avoid forfeiture or confiscation, the offender shall be 
ordered to pay the amount equal to the value of the proceeds, tools and 
instruments used in the commission of the offense.1avvphi1 
 
SECTION 18. Mandatory Services to Victims of Child Pornography and 
Online Sexual Exploitation. - To ensure recovery, rehabilitation and 
reintegration into the mainstream of society concerned government agencies 
and the LGUs shall make available the following services to victims of any 
form of child pornography and online sexual exploitation material: 
 
(a) Emergency shelter or appropriate housing; 
 
(b) Counseling; 
 
(c) Free legal services, which shall include information about the victim's 
rights and 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) Medical or psychological services; 
 
(f) Livelihood and skills training; and 
 
(g) Educational assistance. 
 
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. 
 
SECTION 19. Programs for Victims of Child Pornography and Online 
Sexual Exploitation. The Inter-Agency Council Against Child Pornography 
created under Section 20 of this Act shall develop and implement the 
necessary programs that will prevent any form of child sexual abuse or 
exploitation, as well as protect, heal and reintegrate the child into the 
mainstream of society. Such programs shall include beat but not limited to 
the following: 
 
(a) Provision of mandatory services including counseling free legal services, 
medical or psychological services, livelihood and skills training and 
educational assistance to the child pursuant to Section 18 of this Act; 
 
(b) Sponsorship of a national research program on any form of child 
pornography and online sexual exploitation and other acts covered 
by the law and the establishment of a data collection system for 
monitoring and evaluation purposes; 


 
 
 
(c) Provision of necessary technical and material support services to 
appropriate government agencies and nongovernmental organizations: 
 
(d) Sponsorship of conferences and seminars to provide venue for 
consensus building amongst the public, the academe , government, 
nongovernmental and international organizations and 
 
(e) Promotion of information and education campaign. 
 
SECTION 20. Inter - Agency Council against Child Pornography and 
Online Sexual Exploitation - The Inter-Agency Council against Child 
Pornography as provided in Section 20 of Republic Act No. 9775 is hereby 
renamed and reconstituted as Inter-Agency Council Against Child 
Pornography and Online Sexual Exploitation. It shall be composed of the 
Secretary of the DSWD as chairperson and the following as members: 
 
(a) 
Secretary of the Department of Justice; 
(b) 
Secretary of the Department of Labor and Employment; 
(c) 
Secretary of the Department of Science and Technology; 
(d) 
Secretary of the Department of Information and Communications 
Technology; 
(f) 
Chief of the Philippine National Police; 
(g) 
Commissioner of the National Telecommunications Commission; 
(h) 
Executive Director of the Council for the Welfare of Children; 
(i) 
Executive Director of the Philippine Center for Transnational Crimes; 
(j) 
Executive Director of the Optical Media Board; 
(k) 
Director of the National Bureau of Investigation; and 
(l) 
Three 
(3) 
representatives 
from 
children's 
nongovernmental 
organizations.  
 
These representatives shall be nominated by the government agency 
representatives of 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 President respectively. 
 
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 emoluments as may be determined by the Council 
in accordance with existing budget and accounting rules and regulations. 
 
The DSWD shall establish the necessary Secretariat for the Council. 
 
SECTION 21. Functions of the Council. - The Council shall have the 
following powers and functions: 
 
(a) Formulate comprehensive and integrated plans and programs to 
prevent and suppress any form of child pornography and online 
sexual exploitation; 


 
 
 
(b) Promulgate rules and regulations as may be necessary for the 
effective implementation of this Act; 
 
(c) Monitor and oversee the strict implementation of this Act; 
 
(d) Coordinate the programs and projects of the various members 
agencies effectively address the issues and problems attendant to 
child pornography and online sexual exploitation; 
 
(e) Conduct and coordinate massive information disseminations and 
campaign on the existence of the law and the various issues and 
problems attendant to child pornography and online sexual 
exploitation; 
 
(f) Direct other agencies to immediately respond to the problems 
brought to their attention and report to the Council on the action 
taken; 
 
(g) Assist in the filling of cases against individuals, agencies, institutions 
or establishments that violate the provisions of this Act; 
 
(h) Formulate a program for the reintegration of victims of child 
pornography and online sexual exploitation; 
 
(i) Secure 
from 
any 
department, 
bureau, 
office, 
agency 
or 
instrumentality of the government or from NGOs and other civic 
organizations such assistance as may be needed to effectively 
implement this Act; 
 
(j) Complement the shared government information system relative to 
child abuse and exploitation and ensure that the proper agencies 
conduct a continuing research and study on the patterns and 
schemes of any form of child pornography and online sexual 
exploitation which form basis for policy formulation and program 
direction; 
 
(k) develop the mechanism to ensure the timely, coordinated and 
effective response to cases of child pornography and online sexual 
exploitation; 
 
(m) Recommend measures to enhance cooperative efforts and mutual 
assistance among foreign countries through bilateral and/or 
multilateral arrangements to prevent and suppress any form of child 
pornography and online sexual exploitation; 
 
(n) Adopt measures and policies to protect the rights and needs of the 
victims of child pornography and online sexual exploitation who 
are foreign nationals in the Philippines; 


 
 
 
(o) maintain a database of cases of child pornography and online 
sexual exploitation; 
 
(p) Initiate training programs in identifying and providing the necessary 
intervention or assistance to victims of child pornography and 
online sexual exploitation. 
 
(q) Submit to the President and the Congressional Oversight committee 
credited herein the annual report on the policies, plans, programs 
and activities of the Council relative to the implementation of this Act; 
and 
 
(r) Exercise all the powers and perform such other functions necessary 
to attain the purposes and objectives of this Act. 
 
SECTION 22. Child Pornography and Online Sexual Exploitation as a 
Transnational Crime. - Pursuant to the Convention on transnational 
Organized Crime, the DOJ may execute the request of a foreign state for 
assistance in the investigation or prosecution of any form of child 
pornography and online sexual exploitation by: (1) conducting a 
preliminary investigation against the offender and, if appropriate, to file the 
necessary charges in court; (2) giving information needed by the foreign state; 
and (3) to apply for an order of forfeiture of any proceeds or monetary 
instrument or properly located in the Philippines used in connection with 
child 
pornography 
and 
online 
sexual 
exploitation 
in 
the 
court; Provided, That if the DOJ refuses to act on the request of for delaying 
the execution thereof: Provided, further, That the principles of mutuality and 
reciprocity shall, for this purpose, be at all times recognized. 
 
SECTION 23. Extradition. - The DOJ, in consultation with the Department 
of Foreign Affairs (DFA), shall endeavor to include child pornography and 
online sexual exploitation among extraditable offenses in future treaties. 
 
SECTION 24. Congressional Oversight Committee. -There is hereby 
created a Congressional Oversight Committee composed of five (5) members 
from the Senate and five (5) members 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 with at least 
one (1) member representing the Minority. The members from the House of 
Representative shall be appointed by the Speaker, also based on proportional 
representation of the parties or coalitions therein with the Chair of the House 
of Committee on Welfare of Children and at least one (1) member representing 
the Minority 
 
The Committee shall be headed by the respective Chairs of the Senate 
Committee on Youth, Women and Family relations and the House of 
Representatives Committee on Justice. The Secretariat of the Congressional 


 
 
Oversight Committee shall come from the existing Secretariat personnel of the 
Committees of the Senate and the House of Representatives concerned. 
 
The Committee shall monitor and ensure the effective implementation of this 
Act, determine inherent weakness and loopholes in the law. Recommend the 
necessary remedial legislator or administrative measures and perform such 
other duties and functions as may be necessary to attain the objectives of this 
Act. 
 
SECTION 25. Appropriations. - The amount necessary to implement the 
provisions of the Anti-Child Pornography and Online Sexual Exploitation and 
the operationalization of the Inter-Agency Council Against Child Pornography 
and Online Sexual Exploitation shall be included in the annual General 
Appropriations Act. 
 
SECTION 26. Implementing Rules and Regulations. - The Inter-Agency 
Council Against Child Pornography and Online Sexual Exploitation shall 
promulgate the necessary implementing rules and regulations within ninety 
(90) days from the effectivity of this Act. 
 
SECTION 27. Suppletory Application of the Revised Penal Code. - The 
Revised penal Code shall be suppletorily applicable to this Act. 
 
SECTION 28. 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. 
 
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 take effect after fifteen (15) days 
following its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
 
Approved,