FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
SENATE 
~~~ 
~~ 
~ 
Introduced by Senator Manny Villar 
EXPLANATORY NOTE 
It is the duty c the State to give special v;.-!e 
to the dignity of every 
human person and to promote and safeguard its integrity and the moral, spiritual 
and social well-being of its citizenry, especially the youth in general and women 
in particular, from the pernicious effects of obscenity and pornography. 
This Bill aims to criminalize the publication, broadcast, exhibition of 
pornographic materials including images that appear in traditional media such as, 
but not limited to, paper, celluloid, film, magnetic tapes or through airwaves or 
through the use of computers, the internet, cyberspace, Internet chat, chat 
rooms, web sites, electronic mails optical media, and other technological 
advancements thereof to protect the morals of the society. 
Approval of this bill is earnestly sought. 


FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
Introduced by Senator Manny Villar 
AN ACT PROHIBITING AND PENALIZING THE PRODUCTION, PRINTING, 
PUBLICATION, IMPORTATION, SALE, DISTRIBUTION AND EXHIBITION OF 
OBSCENE AND PORNOGRAPHIC MATERIALS AND THE EXHIBITION OF 
LIVE SEXUAL ACTS, AMENDING FOR THE PURPOSE ARTICLE 201 OF THE 
REVISED PENAL CODE, AS AMENDED 
Be it enacted by the Senate and the House of Representatives in 
SECTION 1. Title. - This Act shall be known as the "Anti-Obscenity and 
Congress assembled: 
Pornography Act of 2008". 
SEC. 2. Declaration of Policy. - It is the policy of the State to give special 
value to the dignity of every human person and to promote and safeguard its 
integrity and the moral, spiritual and social well-being of its citizenry, especially 
the youth in general and women in particular, from the pernicious effects of 
obscenity and pornography. 
To effectively enforce this policy, the government shall wage a relentless 
campaign against obscenity and pornography. Likewise, the government shall 
see to it that educational institutions are complying with their constitutional 
mandate to strengthen ethical and spiritual values and to develop moral 
character and personal discipline. 
SEC. 3. Definition of Terms. -As used in this Act, the following terms shall 
mean: 
(a) "Obscene" refers to anything that is indecent or offensive or contrary to 
good customs or religious beliefs, principles or doctrines, or tends to corrupt or 
deprave the human mind, or is calculated to excite impure thoughts or arouse 
prurient interest, or violates the proprieties of language and human behavior, 
regardless of the motive of the producer, printer, publisher, writer, importer, 
seller, distributor or exhibitor such as, but not limited to: 
(1) showing, depicting or describing sexual acts; 
(2) showing, depicting or describing human sexual organs or the 
(3) showing, depicting or describing completely nude human 
(4) describing erotic reactions, feelings or experiences on sexual 
female breasts; 
bodies; 
acts; or 
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(5) performing live sexual acts of whatever form. 
(b) "Pornographic or pornography" refers to objects or subjects of film, 
television shows, photography, illustrations, music, games, paintings, drawings, 
illustrations, advertisements, writings, literature or narratives, contained in any 
format, whether audio or visual, still or moving pictures, in all forms of film, print, 
electronic, outdoor or broadcast mass media, or whatever future technologies to 
be developed, which are calculated to excite, stimulate or arouse impure 
thoughts and prurient interest, regardless of the motive of the author thereof. 
(c) "Mass media" refers to film, print, broadcast, electronic and outdoor 
media including, but not limited to, internet, newspapers, tabloids, magazines, 
newsletters, books, comic books, billboards, calendars, posters, optical discs, 
magnetic media, future technologies, and the like. 
(d) "Materials" refers to all movies, films, television shows, photographs, 
music, games, paintings, drawings, illustrations, advertisements, writings, 
literature or narratives, whether produced in the Philippines or abroad. 
(e) "Sex" refers to the area of human behavior concerning sexual activity, 
sexual desires and instinct, and their expressions. 
(9 "Sexual act" refers to having sex or the act of satisfying one's sexual 
SEC. 4. Punishable Acts. - The following acts are declared illegal and 
instinct. 
punishable: 
or distributing obscene or pornographic materials in all forms of mass media; 
(a) Prodycing, printing, showing, exhibiting, importing, selling, advertising 
(b) Causing the showing or exhibition, distributing or the printing, 
publication or advertising, or the selling of obscene or pornographic materials in 
all forms of mass media; 
(c) Showing, exhibiting, selling, or distributing obscene or pornographic 
movies in whatever format, whether produced in the Philippines or abroad, in any 
restaurant, club or other places open to the public, including private buildings, 
places or houses where the viewers are not limited to them owners thereof and 
the members of his family; 
(d) Writing any obscene or pornographic article in any print or electronic 
medium; 
(e) Performing, demonstrating, acting or exhibiting any obscene or 
pornographic act in any form of mass media; and 
act in public, public places or any place open to public viewing. 
SEC. 5. Penalties. - The following penalties shall be imposed upon any 
person found guilty of committing any of the prohibited acts under Section 4 of 
this Act: 
(f) Performing, or allowing the performance of, live sex or live sexual 
(a) For producing, printing, showing, exhibiting, importing, selling, 
advertising or distributing obscene or pornographic materials in all forms of mass 
media, the penalty of prision mayor, imprisonment of not less than six (6) years 
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and one (I) 
day nor more than twelve (12) years and a fine of not less than Five 
hundred thousand pesos (P500,OOO.OO) nor more than One million pesos 
(PI ,000,000.00) shall be imposed; 
(b) For causing the showing or exhibition, distributing or the printing, 
publication or advertising, or the selling of obscene or pornographic materials in 
all forms of mass media, the penalty of imprisonment of not less than three (3) 
years nor more than six (6) years and a fine of not less than Two hundred 
thousand pesos (P200,OOO.OO) nor more than Five hundred thousand pesos 
(P500,OOO.OO) shall be imposed; 
(c) Showing, exhibiting, selling or distributing obscene or pornographic 
movies in whatever format, whether produced in the Philippines or abroad, in any 
restaurant, club or other places open to the public, including private buildings, 
places or houses where the viewers are not limited to the owners thereof and the 
members of his family, the penalty of imprisonment of not less than three (3) 
years nor more than six (6) years and a fine of not less than Two hundred 
thousand pesos (P200,OOO.OO) nor more than Five hundred thousand pesos 
(P500,OOO.OO) shall be imposed; 
(d) For writing any obscene or pornographic article in any print or 
electronic medium, the penalty of imprisonment of not less than three (3) years 
nor more than six (6) years and a fine of not less than Two hundred thousand 
pesos (P200,OOO.OO) nor more than Five hundred thousand pesos 
(P500,OOO.OO) shall be imposed; 
(e) For performing, demonstrating, acting or exhibiting any obscene or 
pornographic act in any form of mass media, the penalty of imprisonment of not 
less than one (1) year nor more than three (3) years and a fine of not less than 
One hundred thousand pesos (PlOO,OOO.OO) nor more than Three hundred 
thousand pesos (P300,OOO.OO) 
shall be imposed; and 
(f) For performing, or allowing the performance of, live sex or live sexual 
act in public, public places or any place open to public viewing, the penalty of 
imprisonment of not less than one (1) year nor more than three (3) years and a 
fine of not less than One hundred thousand pesos (P100,OOO.OO) nor more than 
Three hundred thousand pesos (P300,OOO.OO) 
shall be imposed. 
In any case, if the offender is a juridical person, the president, general 
manager, members of the board of directors, editor-in-chief and the managers or 
heads of the sales, marketing and advertising departments or sections thereof, 
as the case may be, shall be criminally liable: Provided, That, if the offender is a 
foreigner, he shall, after service of sentence or payment of the fine, be subject of 
deportation and forever barred from entry into the country. 
In case the offender is below eighteen (18) years of age, he or she shall 
be considered a victim of child abuse pursuant to the provisions of Republic Act 
No. 7610, otherwise known as the "Special Protection of Children Against Abuse, 
Exploitation and Discrimination Act", and shall be placed under the protective 
custody of the Department of Social Welfare and Development. 
Any person found guilty of committing any of the acts punishable under 
this Act shall not be entitled to the benefits of the Probation Law. 
SEC. 6. Witness Protection and Immunity from Prosecution. - Any person 
who provides material information, whether testimonial or documentary, 
necessary for the investigation or prosecution of any one committing any of the 
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acts punishable under this Act and who testifies against such person shall be 
placed under the Witness Protection Program pursuant to Republic Act No. 6981 
and shall be immune from any criminal prosecution, subject to the pertinent 
provisions of Presidential Decree No. 1732, otherwise known as the Decree 
Providing Immunity from Criminal Prosecution to Government Witnesses, and the 
pertinent provisions of the Rules of Court. 
SEC. 7. Duties of Government Agencies Concerned. - In addition to the 
law enforcement agencies responsible for monitoring and implementing the 
provisions of existing laws on pornography, the following government agencies 
are hereby mandated to provide assistance and support to ensure the effective 
implementation of this Act: 
(a) Philippine Information Agency (PIA); 
(b) Movie and Television Review and Classification Board (MTRCB); 
(c) Optical Media Board (OMB); 
(d) National Telecommunications Commission (NTC); 
(e) National Youth Commission (NYC); 
(f) Department of Public Works and Highways (DPWH); and 
(9) Metropolitan Manila Development Authority (MMDA). 
The said agencies shall, in addition to their regular functions, exercise 
the following duties: 
(1) Monitor all mass media that fall within their respective jurisdiction; 
(2) Seek the assistance of local government units (LGUs) to identify the 
persons responsible for the proliferation of obscene and pornographic 
materials; 
(3) Initiate the prosecution of all persons involved in violation of this Act, 
Article 201 of the Revised Penal Code, as amended, and other related laws; 
(4) Receive complaints from the general public anent the proliferation of 
obscene materials within its jurisdiction and act accordingly on such complaints; 
(5) Recommend the cancellation of business permits of those found 
violating this Act, Article 201 of the Revised Penal Code, as amended, and other 
related laws; and 
(6) Perform such acts necessary to carry out the objectives of this Act. 
SEC. 8. Disposition of Materials. - Any prohibited material including tools, 
instruments, facilities and equipment used in the production of obscene and 
pornographic materials shall, after lawful seizure and final conviction of the 
offender, be forfeited in favor of the government and destroyed in the presence of 
the representatives of the Department of Justice (DOJ), the Philippine National 
Police (PNP) and anyone from the religious, civic or youth organizations of such 
place in the manner as the court may order: Provided, however, That when the 
accused is acquitted, the materials seized shall nevertheless be forfeited in favor 
of the government and destroyed: Provided, further, That if the acquittal results 
from a finding that the materials seized are not obscene or pornographic under 
this Act, the materials shall be returned to the accused. 
SEC. 9. lmplernenfing Rules and Regulations. -Within ninety (90) days 
from the effectivity of this Act, the DOJ, the Department of the Interior and Local 
Government (DILG), the PNP, the PIA, the MTRCB, the OMB, the NTC, the 
NYC, the MMDA, the DPWH and other concerned government agencies shall 
jointly promulgate the implementing rules and regulations as may be necessary 
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to ensure the efficient and effective implementation of the provisions of this Act: 
Provided, That the absence. of such implementing rules and regulations shall not 
prevent the arrest, prosecution and conviction of any person committing an 
offense under this Act. 
SEC. 
I O .  Separability Clause. - If, for any reason, any section or provision 
of this Act, or any portion thereof, or the application of such section, provision or 
portion thereof to any person, group or circumstance is declared invalid or 
unconstitutional, the remaining provisions of this Act shall not be affected by such 
declaration and shall remain in force and effect. 
SEC. 
1 1. Repealing Clause. - The provisions of Article 201 of the Revised 
Penal Code, as amended, and the provisions of all other laws, decrees, 
executive orders, rules and regulations which are inconsistent with this Act are 
hereby repealed, amended or modified accordingly. 
SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) national newspapers of general circulation. 
Approved, 
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