Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 809 
Introduced by Representative LORDAN G. SUAN 
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 
Technology has undeniably transformed our way of life, revolutionizing 
communication, financial transactions, education, and access to information. 
The rise of social media has further bridged distances, allowing families to stay 
connected regardless of physical separation. It has also provided an avenue for 
mental health support, alleviating loneliness and anxiety for many individuals. 
However, alongside these benefits, technology has also become a tool for 
exploitation. Criminals have weaponized the digital space to commit heinous 
acts, preying on the vulnerabilities of our most defenseless citizens—our 
children. The proliferation of Child Sexual Abuse or Exploitation Material 
(CSAEM) and Online Sexual Abuse or Exploitation of Children (OSAEC) is a 
growing crisis, with certain areas in the country, including Cagayan de Oro, being 
identified as hotspots for these crimes, as highlighted in a Malacañang press 
briefing. 
The protection of children must be a top priority. They are not only the most 
vulnerable members of society but also the very future of the nation. The 
alarming rise in online exploitation demands urgent legislative attention. 
Representing the people of Cagayan de Oro, this representation recognizes the 
July 1, 2025
1:35 pm


urgent need to address the suffering of innocent children both within the locality 
and nationwide. 
This bill seeks to strengthen legal safeguards against child pornography and 
online sexual exploitation by imposing stricter penalties on perpetrators, 
holding online platforms accountable, and enhancing law enforcement 
capabilities. Moreover, it aims to bolster public awareness and preventive 
measures, ensuring that no child falls victim to this grave injustice. 
By passing this legislation, we take a firm stand against those who exploit the 
digital world for their vile intentions. We reaffirm our duty to protect the 
innocence, dignity, and future of our children. 
In light of the preceding, this bill’s approval is fervently sought. 
LORDAN G. SUAN 
Cagayan de Oro City – 1st District 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 809 
Introduced by Representative LORDAN G. SUAN 
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 
1 
and Online Sexual Exploitation Act.” 
2 
3 
SECTION 2. Declaration of Policy. - The State recognizes the vital role of the 
4 
youth in nation building and shall promote and protect their physical, moral, 
5 
spiritual, intellectual, emotional, psychological and social well-being. Towards 
6 
this end, the State shall: 
7 
8 
a.) Guarantee the fundamental rights of every child from all forms of neglect, 
9 
cruelty and other conditions prejudicial to his/her development; 
10 
11 
b.) Protect every child from all forms of pornography and online sexual 
12 
exploitation including, but not limited to: 
13 
14 
1.) the use of a child in pornographic performances and materials; and 
15 
2.) the inducement or coercion of a child to engage or be involved in child 
16 
pornography or online sexual exploitation through whatever means; 
17 
3.) pretend, depict, or portray a child for the purpose of pornography, 
18 
sexual objectification and online sexual exploitation; and 
19 


 
 
c.) Comply with international treaties to which the Philippines is a signatory 
1 
or a State party concerning the rights of children which include, but not 
2 
limited to, the Convention on the Rights of the Child, the Optional Protocol 
3 
to the Convention on the Rights of the Child of the Child on the Sale of 
4 
Children, Child Prostitution and Child Pornography, the International 
5 
Labor Organization (ILO) Convention No.182 on the Elimination of the 
6 
Worst Forms of Child Labor and the Convention Against Transnational 
7 
Organized Crime. 
8 
 
9 
SECTION 3. Definition of Terms. - 
10 
A. "Child" refers to a person below eighteen (18) years of age or over, but is 
11 
unable to fully take care of himself/herself from abuse, neglect, cruelty, 
12 
exploitation or discrimination because of a physical or mental disability or 
13 
condition. 
14 
 
15 
For the purpose of this Act, a child shall also refer to: 
16 
 
17 
1) a person regardless of age who is presented, depicted or portrayed as a 
18 
child as defined herein; and 
19 
 
20 
2) computer-generated, digitally or manually crafted images or graphics of a 
21 
person who is represented or who is made to appear to be a child as 
22 
defined herein. 
23 
 
24 
B. "Explicit Sexual Activity" includes actual or simulated – 
25 
 
26 
1) As to form: sexual intercourse or lascivious act including, but not limited 
27 
to, contact involving genital to genital, oral to genital, anal to genital, or 
28 
oral to anal, whether between persons of the same or opposite sex; 
29 
2) bestiality; 
30 
3) masturbation; 
31 
4) sadistic or masochistic abuse; 
32 
5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or 
33 
anus; or 
34 
6) use  of  any  object  or  instrument  for  lascivious  acts 
35 
 
36 
C. "Internet address" refers to a website, bulletin board service, internet chat 
37 
room or news group, or any other internet or shared network protocol 
38 
address. 
39 
 
40 


 
 
D. "Internet cafe or kiosk" refers to an establishment that offers or proposes 
1 
to offer services to the public for the use of its computer/s or computer 
2 
system for the purpose of accessing the internet, computer games or 
3 
related services. 
4 
 
5 
E. "Internet content host" refers to a person who hosts or who proposes to 
6 
host internet content in the Philippines. 
7 
  
8 
F. "Information and Communications Technology service provider (ICT SP)" 
9 
is a person or entity that captures, transmits, or displays or any 
10 
combination thereof of voice, image text or data and information 
11 
electronically for recording, processing, monitoring or transmission of 
12 
voice or data, image or text or any combination thereof for use in data 
13 
processing, transmission, duplication, text processing, document 
14 
reproduction or transmission, record- keeping or retrieval, broadcasting 
15 
or transmission for entertainment or information purposes of voice, 
16 
image or text any combination thereof and the provision of services 
17 
relating to these. 
18 
 
19 
G. "Grooming" refers to the act of preparing a child or someone who the 
20 
offender believes to be a child for sexual activity or sexual relationship by 
21 
communicating any form of child pornography or sexual exploitation 
22 
material. It includes online enticement or enticement through any other 
23 
means. 
24 
 
25 
H. "Luring" refers to the act of communicating, by means of a computer 
26 
system, with a child or someone who the offender believes to be a child 
27 
for the purpose of facilitating the commission of sexual activity or 
28 
production of any form of child pornography or sexual exploitation 
29 
material. 
30 
 
31 
I. "Pandering" refers to the act of offering, advertising, promoting, 
32 
representing or distributing through any means any material or purported 
33 
material that is intended to cause another to believe that the material or 
34 
purported material contains any form of child pornography or sexual 
35 
exploitation material, regardless of the actual content of the material or 
36 
purported material. 
37 
 
38 
J. "Person" refers to any natural or juridical entity. 
39 
 
40 


 
 
K. “Child pornography and exploitation material” refers to any online or 
1 
offline representation, whether visual, audio, or written combination 
2 
thereof, by electronic, mechanical, digital, optical, magnetic or any other 
3 
means, of sexual objectification of a child, or a child engaged or involved 
4 
in real or simulated explicit sexual activities. 
5 
 
6 
In the online platform, sexual abuse or exploitation material shall include 
7 
visual or audio or written materials or a combination thereof which is 
8 
distributed via email, text message, instant messaging, chat rooms, peer-to-
9 
peer file sharing networks, social media platforms, and unencrypted 
10 
communication apps or traded on password-protected sites, bulletin boards, 
11 
and forums. 
12 
 
13 
L. “Sexual objectification” refers to any act of treating a child as an object of 
14 
sexual desire. 
15 
  
16 
SECTION 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person: 
17 
 
18 
a. To hire, employ, use, persuade, induce or coerce a child to perform in the 
19 
creation or production of any form of child pornography or sexual 
20 
exploitation material; 
21 
 
22 
b. To produce, direct, manufacture or create any form of child pornography 
23 
or sexual exploitation material; 
24 
 
25 
c. To publish offer, transmit, sell, distribute, broadcast, advertise, promote, 
26 
export or import any form of child pornography or sexual exploitation 
27 
material; 
28 
 
29 
d. To possess any form of child sexual abuse or exploitation material with the 
30 
intent to sell, distribute, publish, or broadcast: Provided. That possession 
31 
of more than one (1) child pornography or sexual exploitation material 
32 
of the same form shall be prima facie evidence of the intent to sell, 
33 
distribute, publish or broadcast; 
34 
 
35 
e. To knowingly, willfully and intentionally provide a venue for the 
36 
commission of prohibited acts as, but not limited to, dens, private rooms, 
37 
cubicles, cinemas, houses or in establishments purporting to be a 
38 
legitimate business; 
39 


 
 
f. For film distributors, theaters and telecommunication companies, by 
1 
themselves or in cooperation with other entities, to distribute any form of 
2 
child sexual abuse or exploitation material; 
3 
 
4 
g. For a parent, legal guardian or person having custody or control of a child 
5 
to knowingly permit the child to engage, participate or assist in any form 
6 
of sexual abuse or exploitation; 
7 
 
8 
h. To solicit online sex or any act that constitutes child pornography or 
9 
sexual exploitation; 
10 
 
11 
i. To engage in the luring or grooming of a child; 
12 
 
13 
j. To engage in pandering of any form of child pornography or sexual 
14 
exploitation material; 
15 
 
16 
k. To willfully access any form of child pornography or sexual exploitation 
17 
material; 
18 
 
19 
l. To conspire to commit any of the prohibited acts stated in this section. 
20 
Conspiracy to commit any form of child pornography or sexual 
21 
exploitation shall be committed when two (2) or more persons come to 
22 
an agreement concerning the commission of any of the said prohibited 
23 
acts and decide to commit it; and 
24 
  
25 
m. To possess any form of child pornography and sexual exploitation material. 
26 
 
27 
SECTION 5. Syndicated Child Pornography or Online Sexual Exploitation. - The 
28 
crime of child pornography and online sexual exploitation is deemed committed 
29 
by a syndicate if carried out by a group of three (3) or more persons conspiring 
30 
or confederating with one another and shall be punished under Section 15(a) of 
31 
this Act. 
32 
 
33 
SECTION 6. Who May File a Complaint. - Complaints on cases of any form of 
34 
child sexual abuse and exploitation material and other offenses punishable 
35 
under this Act may be filed by the following: 
36 
 
37 
a. Offended party; 
38 
 
39 
b. Parents or guardians; 
40 


 
 
c. Ascendant or collateral relative within the third degree of consanguinity; 
1 
 
2 
d. Officer, social worker or representative of a licensed child-caring 
3 
institution; 
4 
 
5 
e. Officer or social worker of the Department of Social Welfare and 
6 
Development (DSWD); 
7 
 
8 
f. Local social welfare development officer; 
9 
 
10 
g. Barangay chairman; 
11 
 
12 
h. Any law enforcement officer; 
13 
 
14 
i. At least three (3) concerned responsible citizens residing in the place 
15 
where the violation occurred; or 
16 
 
17 
j. Any person who has personal knowledge of the circumstances of the 
18 
commission of any offense under this Act. 
19 
 
20 
SECTION 7. Appointment of Special Prosecutors. - The Department of Justice 
21 
(DOJ) shall appoint or designate special prosecutors to prosecute cases for the 
22 
violation of this Act. 
23 
 
24 
SECTION 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall 
25 
be vested in the Family Court which has territorial jurisdiction over the place 
26 
where the offense or any of its essential elements was committed pursuant to 
27 
Republic Act No. 8369, otherwise known as "Family Courts Act of 1997". 
28 
  
29 
SECTION 9. Duties of an Information and Communications Technology Service 
30 
Provider (ICT SP). - All Information and Communications Technology Service 
31 
Providers (ICT SPs) shall notify the Philippine National Police (PNP) or the 
32 
National Bureau of Investigation (NBI) within seven (7) days from obtaining facts 
33 
and circumstances that any form of child pornography and online sexual 
34 
exploitation is being committed using its server or facility. Nothing in this section 
35 
may be construed to require an ICT SP to engage in the monitoring of any user, 
36 
subscriber or customer, or the content of any communication of any such 
37 
person: Provided, That no ICT SP shall be held civilly liable for damages on 
38 
account of any notice given in good faith in compliance with this section. 
39 
 
40 


 
 
Furthermore, an ICT SP shall preserve such evidence for purpose of investigation 
1 
and prosecution by relevant authorities. 
2 
 
3 
An ICT SP shall, upon the request of proper authorities, furnish the particulars of 
4 
users who gained or attempted to gain access to an internet address which 
5 
contains any form of child pornography and sexual exploitation material. 
6 
 
7 
 
8 
All ICT SP shall install available technology, program or software to ensure that 
9 
access to or transmittal of any form of child pornography and sexual exploitation 
10 
material will be blocked or filtered. 
11 
 
12 
An ICT SP who shall knowingly, willfully and intentionally violate this provision 
13 
shall be subject to the penalty provided under Section 15(k) of this Act. 
14 
 
15 
The Department of Information and Communications Technology (DICT) and the 
16 
National Telecommunications Commission (NTC) shall promulgate within ninety 
17 
(90) days from the effectivity of this Act the necessary rules and regulations for 
18 
the implementation of this provision which shall include, among others, the 
19 
installation of filtering software that will block access to or transmission of any 
20 
form of the child pornography and online sexual exploitation. 
21 
 
22 
SECTION 10. Responsibility of Mall Owners/Operators and Owners or Lessors 
23 
of Other Business Establishments. - All mall owners/operators and owners or 
24 
lessors of other business establishments shall notify the PNP or the NBI within 
25 
forty-eight (48) hours from obtaining facts and circumstances that child 
26 
pornography and sexual exploitation material is being committed in their 
27 
premises. Provided, That public display of any form of child pornography and 
28 
sexual exploitation material within their premises is a conclusive presumption of 
29 
the knowledge of the mall owners/operators and owners or lessors of other 
30 
business establishments of the violation of this Act: Provided, further, That a 
31 
disputable presumption of knowledge by mall owners/operators and owners or 
32 
lessors of other business establishments should know or reasonably know that 
33 
a violation of this Act is being committed in their premises. 
34 
 
35 
Photo developers, information technology professionals, credit card companies 
36 
and banks and any person who has direct knowledge of any form of child 
37 
pornography and online sexual exploitation activities shall have the duty to 
38 
report any suspected child pornography and sexual exploitation materials or 
39 


 
 
transactions to the proper authorities within forty-eight (48) hours from 
1 
discovery thereof. 
2 
 
3 
Any willful and intentional violation of this provision shall be subject to the 
4 
penalty provided under Section 15(l) of this Act. 
5 
 
6 
SECTION 11. Duties of an Internet Content Host. - An internet content host shall: 
7 
 
8 
a. Not 
host any 
form of 
child pornography 
and 
online
9 
 
sexual exploitation on its internet address; 
10 
 
11 
b. Within forty-eight (48) hours, report the presence of any form of child 
12 
pornography and sexual exploitation, as well as the particulars of the 
13 
person maintaining, hosting, distributing or in any manner contributing to 
14 
such internet address, to the proper authorities; and 
15 
 
16 
c. Preserve such evidence for purposes of investigation and prosecution by 
17 
relevant authorities. 
18 
 
19 
An internet content host shall, upon the request of proper authorities, furnish 
20 
the particulars of users who gained or attempted to gain access to an internet 
21 
address that contains any form of child pornography and online sexual 
22 
exploitation. 
23 
 
24 
An internet content host who shall knowingly, willfully and intentionally violate 
25 
this provision shall be subject to the penalty provided under Section 15(j) of this 
26 
Act: Provided, That the failure of the internet content host to remove any form 
27 
of child pornography and sexual exploitation material within forty-eight (48) 
28 
hours from receiving the notice that any form of child pornography and sexual 
29 
exploitation material is hitting its server shall be conclusive evidence of willful 
30 
and intentional violation thereof. 
31 
 
32 
SECTION 12. Authority to Regulate Internet Café or Kiosk. - The local 
33 
government unit (LGU) of the city or municipality where an internet café or kiosk 
34 
is located shall have the authority to monitor and regulate the establishment and 
35 
operation of the same or similar establishments in order to prevent violation of 
36 
the provisions of this Act. 
37 
 
38 


 
 
SECTION 13. Confidentiality. - The right to privacy of the child shall be ensured 
1 
at any stage of the investigation, prosecution and trial of an offense under this 
2 
Act. Towards this end, the following rules shall be observed: 
3 
  
4 
a. The judge, prosecutor or any officer of the law to whom the complaint has 
5 
been referred to may, whenever necessary to ensure a fair and impartial 
6 
proceeding and after considering all circumstances for the best interest of 
7 
the child conduct a closed-door investigation, prosecution or trial; 
8 
 
9 
b. The name and personal circumstances of the child, including the child's 
10 
immediate family, or any other information tending to establish his/her 
11 
identity shall not be disclosed to the public; 
12 
 
13 
c. Any record regarding a child shall be confidential and kept under seal. 
14 
Except upon written request and order of the court, a record shall be 
15 
released only to the following: 
16 
 
17 
1. Members of the court staff for administrative use; 
18 
 
19 
2. The prosecuting attorney; 
20 
 
21 
3. Defense counsel; 
22 
 
23 
4. The guardian ad litem; 
24 
 
25 
5. Agents of investigating law enforcement agencies and 
26 
 
27 
6. Other persons as determined by the court. 
28 
 
29 
d. Any form of child pornography and online sexual exploitation l that is part 
30 
of the court records shall be subject to a protective order that provides as 
31 
follows: 
32 
 
33 
1. Any form of child pornography and online sexual exploitation 
34 
may be viewed only by the parties, their counsel, their expert 
35 
witness and guardian ad litem; 
36 
 
37 
2. Neither form of child pornography and sexual exploitation 
38 
material nor any portion thereof shall be divulged to any other 
39 


 
 
person, except as necessary for investigation, prosecution or 
1 
trial; and 
2 
 
3 
3. No person shall be granted access to any form of child 
4 
pornography and sexual exploitation material or any part 
5 
thereof unless he/she signs a written affirmation that he/she has 
6 
received and read a copy of the protection order; that he/she 
7 
submits to the jurisdiction of the court with respect to the 
8 
protective order; and that, in case of violation thereof, he/she 
9 
will be subject to the contempt power of the court; and 
10 
 
11 
e. In cases when prosecution or trial is conducted behind closed doors, it 
12 
shall be unlawful for any editor, publisher and reporter or columnist in 
13 
case of printed materials, announcer or producer in case of television and 
14 
radio, producer and director of a film in case of the movie industry, or any 
15 
person utilizing the tri-media facilities or information technology to 
16 
publish or broadcast the names of the victims of any case of child 
17 
pornography and online sexual exploitation. 
18 
 
19 
Any violation of this provision shall be subject to the penalty provided for 
20 
under Section 15(m) of this Act. 
21 
 
22 
SECTION 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall 
23 
ensure that the child who is a victim of any form of child pornography and online 
24 
sexual exploitation is provided appropriate care, custody and support for their 
25 
recovery and reintegration in accordance with existing laws. 
26 
 
27 
The child and his family shall be entitled to protection as well as to the rights and 
28 
benefits of witnesses under Republic Act No. 6981, otherwise known as "The 
29 
Witness Protection, Security and Benefit Act". 
30 
 
31 
The child shall also be considered as a victim of a violent crime defined under 
32 
Section 3(d) of Republic Act No. 7309, otherwise known as "An Act Creating a 
33 
Board of Claims under the Department of Justice for Victims of Unjust 
34 
Imprisonment or Detention and Victims of Violent Crimes and for Other 
35 
Purposes", so that the child may claim compensation therein. 
36 
 
37 
SECTION 15. Penalties and Sanctions. - The following penalties and sanctions 
38 
are hereby established for offenses enumerated in this Act: 
39 
 
40 


 
 
a. Any person found guilty of syndicated child pornography and online sexual 
1 
exploitation as defined in Section 5 of this Act shall suffer the penalty of 
2 
reclusion perpetua and a fine of not less than Two million pesos 
3 
(Php2,000,000.00) 
but 
not 
more 
than 
Five 
million 
pesos 
4 
(Php5,000,000.00); 
5 
 
6 
b. Any person found guilty of violating Section 4(a), (b) and (c) of this Act 
7 
shall suffer the penalty of reclusion temporal in its maximum period and 
8 
a fine of not less than One million pesos (Php1,000,000.00) but not more 
9 
than Two million (Php2,000,000.00); 
10 
 
11 
c. Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall 
12 
suffer the penalty of reclusion temporal in its medium period and a fine 
13 
of not less than Seven hundred fifty thousand pesos (Php750,000.00) but 
14 
not more than One million pesos (Php1,000,000.00); 
15 
 
16 
d. Any person found guilty of violating Section 4(g) of this Act shall suffer the 
17 
penalty of reclusion temporal in its minimum period and a fine of not less 
18 
than Five hundred thousand pesos (Php500,000.00) but not more than 
19 
Seven hundred thousand pesos (Php700,000.00); 
20 
  
21 
e. Any person found guilty of violating Section 4(h) of this Act shall suffer the 
22 
penalty of prision mayor in its maximum period and a fine of not less than 
23 
Three hundred thousand pesos (Php300,000.00) but not more than Five 
24 
hundred thousand pesos (Php500,000.00); 
25 
 
26 
f. Any person found guilty of violating Section 4(I) of this Act shall suffer the 
27 
penalty of prision mayor in its minimum period and a fine of not less than 
28 
Three hundred thousand pesos (php300,000.00) but not more than Five 
29 
hundred thousand pesos (Php500,000.00); 
30 
 
31 
 
32 
g. Any person found guilty of violating Section 4(j) of this Act shall suffer the 
33 
penalty of prision correccional in its maximum period and a fine of not less 
34 
than Two hundred thousand pesos (Php200,000.00) but not more than 
35 
Three hundred thousand pesos (Php300,000.00); 
36 
 
37 
h. Any person found guilty of violating Section 4(k) of this Act shall suffer the 
38 
penalty of prision correccional in its medium period and a fine of not less 
39 


 
 
than One hundred thousand pesos (php100,000.00) but not more than 
1 
Two hundred fifty thousand pesos (php250,000.00); 
2 
 
3 
i. Any person found guilty of violating Section 4(l) of this Act shall suffer the 
4 
penalty of arresto mayor in its minimum period and a fine of not less than 
5 
Fifty thousand pesos (Php50,000.00) but not more than One hundred 
6 
thousand pesos (Php100,000.00); 
7 
 
8 
j. Any person found guilty of violating Section 11 of this Act shall suffer the 
9 
penalty of prision correccional in its medium period and a fine of not less 
10 
than One million pesos (Php1,000,000.00) but not more than Two million 
11 
pesos (Php2,000,000.00) for the first offense. In the case of a subsequent 
12 
offense, the penalty shall be a fine not less than Two million pesos 
13 
(Php2,000,000.00) 
but 
not 
more 
than 
Three 
million 
pesos 
14 
(Php3,000,000.00) and revocation of its license to operate and immediate 
15 
closure of the establishment; 
16 
 
17 
k. Any ISP found guilty of willfully and knowingly failing to comply with the 
18 
notice and installation requirements under Section 9 of this Act shall 
19 
suffer the penalty of a fine of not less than Five hundred thousand pesos 
20 
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) 
21 
for the first offense. In case of subsequent offense, the penalty shall be a 
22 
fine of not less than One million pesos (Php1,000,000.00) but not more 
23 
than Two million pesos (Php2,000,000.00) and revocation of its license to 
24 
operate; 
25 
 
26 
l. Any mall owner-operator and owner or lessor of other business 
27 
establishments including photo developers, information technology 
28 
professionals, credit card companies and banks, found guilty of willfully 
29 
and knowingly failing to comply with the notice requirements under 
30 
Section 10 of this Act shall suffer the penalty of a fine of not less than 
31 
  
32 
m. One million pesos (Php1,000,000.00) but not more than Two million pesos 
33 
(Php2,000,000.00) for the first offense. In the case of a subsequent 
34 
offense, the penalty shall be a fine of not less than Two million pesos 
35 
(Php2,000,000.00) 
but 
not 
more 
than 
Three 
million 
pesos 
36 
(Php3,000,000.00) and revocation of its license to operate and immediate 
37 
closure of the establishment; and 
38 
 
39 


 
 
n. Any person found guilty of violating Section 13 of this Act shall suffer the 
1 
penalty of arresto mayor in its minimum period and a fine of not less than 
2 
One hundred thousand pesos (Php100,000.00) but not more than Three 
3 
hundred thousand pesos (Php300,000.00). 
4 
 
5 
SECTION 16. Common Penal Provisions. – 
6 
 
7 
a. If the offender is a parent, ascendant, guardian, step-parent or collateral 
8 
relative within the third degree of consanguinity or affinity or any person 
9 
having control or moral ascendancy over the child, the penalty  provided  
10 
herein  shall  be  in  its  maximum duration; Provided, That this provision 
11 
shall not apply to Section 4(g) of this Act; 
12 
 
13 
b. If the offender is a juridical person, the penalty shall be imposed upon the 
14 
owner, manager, partner, member of the board of directors and/or any 
15 
responsible officer who participated in the commission of the crime or 
16 
shall have knowingly permitted or failed to prevent its commissions; 
17 
 
18 
c. If the offender is a foreigner, he/she shall be immediately deported after 
19 
the complete service of his/her sentence and shall forever be barred from 
20 
entering the country; and 
21 
 
22 
d. The penalty provided for in this Act shall be imposed in its maximum 
23 
duration if the offender is a public officer or employee. 
24 
 
25 
SECTION 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments 
26 
Used in Child Pornography and Sexual Exploitation. - In addition to the penalty 
27 
imposed for the violation of this Act, the court shall order the confiscation and 
28 
forfeiture in favor of the government of all the proceeds, tools and instruments 
29 
used in the commission of the crime, unless they are the property of a third 
30 
person not liable for the unlawful act; Provided, however, That all awards for 
31 
damages shall be taken from the personal and separate properties of the 
32 
offender; Provided, further, That if such properties are insufficient, the 
33 
deficiency shall be taken from the confiscated and forfeited proceeds, tools and 
34 
instruments. 
35 
 
36 
All proceeds derived from the sale of properties used for the commission of any 
37 
form of child pornography and online sexual exploitation shall accrue to the 
38 
special account of the DSWD which shall be used exclusively for the 
39 
implementation of this Act. 
40 


 
 
  
1 
When the proceeds, tools and instruments used in the commission of the 
2 
offense have been destroyed diminished in value or otherwise rendered 
3 
worthless by any act or omission, directly or indirectly, of the offender, or it has 
4 
been concealed, removed, converted or transferred to prevent the same from 
5 
being found or to avoid forfeiture or confiscation, the offender shall be ordered 
6 
to pay the amount equal to the value of the proceeds, tools and instruments 
7 
used in the commission of the offense. 
8 
 
9 
SECTION 18. Mandatory Services to Victims of Child Pornography and Online 
10 
Sexual Exploitation. - To ensure recovery, rehabilitation and reintegration into 
11 
the mainstream of society concerned government agencies and the LGUs shall 
12 
make available the following services to victims of any form of child pornography 
13 
and online sexual exploitation material: 
14 
 
15 
a. 
Emergency shelter or appropriate housing; 
16 
b. 
Counseling; 
17 
c. 
Free legal services, which shall include information about the 
18 
victim's rights and the procedure for filing of complaints, claims for 
19 
compensation and such other legal remedies available to them in a 
20 
language understood by the child; 
21 
d. 
Medical or psychological services; 
22 
e. 
Livelihood and skills training; and 
23 
f. 
Educational assistance. 
24 
 
25 
Sustained supervision and follow through mechanism that will track the progress 
26 
of recovery, rehabilitation and reintegration of the child victims shall adopted 
27 
and carried out. 
28 
 
29 
SECTION 19. Programs for Victims of Child Pornography and Online Sexual 
30 
Exploitation. The Inter-Agency Council Against Child Pornography created under 
31 
Section 20 of this Act shall develop and implement the necessary programs that 
32 
will prevent any form of child sexual abuse or exploitation, as well as protect, 
33 
heal and reintegrate the child into the mainstream of society. Such programs 
34 
shall include beat but not limited to the following: 
35 
 
36 
a. Provision of mandatory services including counseling free legal 
37 
services, medical or psychological services, livelihood and skills training 
38 
and educational assistance to the child pursuant to Section 18 of this 
39 
Act; 
40 


 
 
 
1 
b. Sponsorship of a national research program on any form of child 
2 
pornography and online sexual exploitation and other acts covered by 
3 
the law and the establishment of a data collection system for 
4 
monitoring and evaluation purposes; 
5 
  
6 
c. Provision of necessary technical and material support services to 
7 
appropriate 
government 
agencies 
and 
nongovernmental 
8 
organizations: 
9 
 
10 
d. Sponsorship of conferences and seminars to provide venue for 
11 
consensus building amongst the public, the academe , government, 
12 
nongovernmental and international organizations and 
13 
 
14 
Promotion of information and education campaign. 
15 
 
16 
SECTION 20. Inter - Agency Council against Child Pornography and Online 
17 
Sexual Exploitation - The Inter-Agency Council against Child Pornography as 
18 
provided in Section 20 of Republic Act No. 9775 is hereby renamed and 
19 
reconstituted as Inter-Agency Council Against Child Pornography and Online 
20 
Sexual Exploitation. It shall be composed of the Secretary of the DSWD as 
21 
chairperson and the following as members: 
22 
a. Secretary of the Department of Justice; 
23 
b. Secretary of the Department of Labor and Employment; 
24 
c. Secretary of the Department of Science and Technology; 
25 
d. Secretary of the Department of Information and Communications 
26 
Technology; 
27 
e. Chief of the Philippine National Police; 
28 
f. Commissioner of the National Telecommunications Commission; 
29 
g. Executive Director of the Council for the Welfare of Children; 
30 
h. Executive Director of the Philippine Center for Transnational Crimes; 
31 
i. Executive Director of the Optical Media Board; 
32 
j. Director of the National Bureau of Investigation; and 
33 
k. Three 
(3) 
representatives 
from children's
34 
 
nongovernmental organizations. 
35 
 
36 
These representatives shall be nominated by the government agency 
37 
representatives of the Council for appointment by the President for a term of 
38 
three (3) years and may be renewed upon renomination and reappointment by 
39 
the Council and the President respectively. 
40 


 
 
 
1 
The members of the Council mat designate their permanent representatives, 
2 
who shall have a rank not lower than assistant secretary or its equivalent, to 
3 
meetings and shall receive emoluments as may be determined by the Council in 
4 
accordance with existing budget and accounting rules and regulations. 
5 
The DSWD shall establish the necessary Secretariat for the Council. 
6 
 
7 
SECTION 21. Functions of the Council. - The Council shall have the following 
8 
powers and functions: 
9 
 
10 
a. Formulate comprehensive and integrated plans and programs to prevent 
11 
and suppress any form of child pornography and online sexual 
12 
exploitation; 
13 
  
14 
b. Promulgate rules and regulations as may be necessary for the effective 
15 
implementation of this Act; 
16 
 
17 
c. Monitor and oversee the strict implementation of this Act; 
18 
 
19 
d. Coordinate the programs and projects of the various members agencies 
20 
effectively address the issues and problems attendant to child 
21 
pornography and online sexual exploitation; 
22 
 
23 
e. Conduct and coordinate massive information disseminations and 
24 
campaign on the existence of the law and the various issues and problems 
25 
attendant to child pornography and online sexual exploitation; 
26 
 
27 
f. Direct other agencies to immediately respond to the problems brought to 
28 
their attention and report to the Council on the action taken; 
29 
 
30 
g. Assist in the filling of cases against individuals, agencies, institutions or 
31 
establishments that violate the provisions of this Act; 
32 
 
33 
h. Formulate a program for the reintegration of victims of child pornography 
34 
and online sexual exploitation; 
35 
 
36 
i. Secure from any department, bureau, office, agency or instrumentality of 
37 
the government or from NGOs and other civic organizations such 
38 
assistance as may be needed to effectively implement this Act; 
39 


 
 
j. Complement the shared government information system relative to child 
1 
abuse and exploitation and ensure that the proper agencies conduct a 
2 
continuing research and study on the patterns and schemes of any form 
3 
of child pornography and online sexual exploitation which form basis for 
4 
policy formulation and program direction; 
5 
 
6 
k. develop the mechanism to ensure the timely, coordinated and effective 
7 
response to cases of child pornography and online sexual exploitation; 
8 
 
9 
l. Recommend measures to enhance cooperative efforts and mutual 
10 
assistance among foreign countries through bilateral and/or multilateral 
11 
arrangements to prevent and suppress any form of child pornography and 
12 
online sexual exploitation; 
13 
 
14 
m.  Adopt measures and policies to protect the rights and needs of the 
15 
victims of child pornography and online sexual exploitation who are 
16 
foreign nationals in the Philippines; 
17 
 
18 
n. maintain a database of cases of child pornography and online sexual 
19 
exploitation; 
20 
 
21 
o. Initiate training programs in identifying and providing the necessary 
22 
intervention or assistance to victims of child pornography and online 
23 
sexual exploitation. 
24 
 
25 
p. Submit to the President and the Congressional Oversight committee 
26 
credited herein the annual report on the policies, plans, programs and 
27 
activities of the Council relative to the implementation of this Act; and 
28 
 
29 
q. Exercise all the powers and perform such other functions necessary to 
30 
attain the purposes and objectives of this Act. 
31 
 
32 
SECTION 22. Child Pornography and Online Sexual Exploitation as a 
33 
Transnational Crime. - Pursuant to the Convention on transnational Organized 
34 
Crime, the DOJ may execute the request of a foreign state for assistance in the 
35 
investigation or prosecution of any form of child pornography and online sexual 
36 
exploitation by: (1) conducting a preliminary investigation against the offender 
37 
and, if appropriate, to file the necessary charges in court; (2) giving information 
38 
needed by the foreign state; and (3) to apply for an order of forfeiture of any 
39 
proceeds or monetary instrument or properly located in the Philippines used in 
40 


 
 
connection with child  pornography  and  online  sexual  exploitation  in  the 
1 
court; Provided, That if the DOJ refuses to act on the request of for delaying the 
2 
execution thereof: Provided, further, That the principles of mutuality and 
3 
reciprocity shall, for this purpose, be at all times recognized. 
4 
 
5 
SECTION 23. Extradition. - The DOJ, in consultation with the Department of 
6 
Foreign Affairs (DFA), shall endeavor to include child pornography and online 
7 
sexual exploitation among extraditable offenses in future treaties. 
8 
 
9 
SECTION 24. Congressional Oversight Committee. -There is hereby created a 
10 
Congressional Oversight Committee composed of five (5) members from the 
11 
Senate and five (5) members from the House of Representatives. The members 
12 
from the Senate shall be appointed by the Senate President based on 
13 
proportional representation of the parties or coalition therein with at least one 
14 
(1) member representing the Minority. The members from the House of 
15 
Representative shall be appointed by the Speaker, also based on proportional 
16 
representation of the parties or coalitions therein with the Chair of the House of 
17 
Committee on Welfare of Children and at least one (1) member representing the 
18 
Minority 
19 
 
20 
The Committee shall be headed by the respective Chairs of the Senate 
21 
Committee on Youth, Women and Family relations and the House of 
22 
Representatives Committee on Justice. The Secretariat of the Congressional 
23 
  
24 
Oversight Committee shall come from the existing Secretariat personnel of the 
25 
Committees of the Senate and the House of Representatives concerned. 
26 
 
27 
The Committee shall monitor and ensure the effective implementation of this 
28 
Act, determine inherent weakness and loopholes in the law. Recommend the 
29 
necessary remedial legislator or administrative measures and perform such 
30 
other duties and functions as may be necessary to attain the objectives of this 
31 
Act. 
32 
 
33 
SECTION 25. Appropriations. - The amount necessary to implement the 
34 
provisions of the Anti-Child Pornography and Online Sexual Exploitation and the 
35 
operationalization of the Inter-Agency Council Against Child Pornography and 
36 
Online Sexual Exploitation shall be included in the annual General 
37 
Appropriations Act. 
38 
 
39 


 
 
SECTION 26. Implementing Rules and Regulations. - The Inter-Agency Council 
1 
Against Child Pornography and Online Sexual Exploitation shall promulgate the 
2 
necessary implementing rules and regulations within ninety 
3 
(90) days from the effectivity of this Act. 
4 
 
5 
SECTION 27. Suppletory Application of the Revised Penal Code. - The Revised 
6 
penal Code shall be suppletorily applicable to this Act. 
7 
 
8 
SECTION 28. Separability Clause. - If any part of this Act is declared 
9 
unconstitutional or invalid, the other provisions not affected thereby shall 
10 
continue to be in full force and effect. 
11 
 
12 
SECTION 29. Repealing Clause. - All laws, presidential decrees, executive orders, 
13 
administrative orders, rules and regulations inconsistent with or contrary to the 
14 
provisions of this Act are deemed amended, modified or repealed accordingly. 
15 
 
16 
SECTION 30. Effectivity. - This Act shall take effect after fifteen (15) days 
17 
following its complete publication in the Official Gazette or in at least two (2) 
18 
newspapers of general circulation. 
19 
 
20 
Approved, 
21