9 JAN 3'1 
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THIRTEENTH CONGRESS 
1 
Third Regular Session 
f 
OF THE REPUBLIC OF THE PHILIPPINES ] 
Introduced by Senator M.A. Madrigal 
EXPLANATORY NOTE 
It is the policy of the State to promote and protect the physical, moral, 
spiritual, intellectual and social well-being of our children. However, despite this 
policy, the laws in place are insufficient to provide the proper framework upon 
which the rights of our children may be protected against sexual exploitation, 
especially against child pornography. 
Child pornography is a blatant disregard of the fundamental rights of the 
child and is considered among the worst forms of child exploitation. There are 
factors that make child pornography widespread and rampant in the country, 
primarily because of the absence of a specific law to prohibit the production of 
child pornographic materials. Due to poverty, even parents sell their children to 
pedophiles. 
As a signatory to the Convention on the Rights of the Child and the 
Optional Protocol on the sale of children, child prostitution and child 
pornography, the Philippines is bound by its international commitment to 
criminalize acts which are detrimental to the achievement of the best potential of 
the children. 
The Bill seeks to comply with this obligation by punishing individuals and 
corporations as well as its officers who engage in child pornography. Under this 
measure, even the parents who induce or coerce their child to participate in 
pornography will be penalized. 
Moreover, the mere possession of a child Pornographic material, as well as 
divulging or publishing information concerning a child who is a victim o€ 
pornography, is made punishable. This act is already punishable in most European 
countries and even our neighboring country Singapore. The United States and 
other countries have legislated similar bills making mere possession of child 
pornographic materials a criminal offense. The Philippines, which is now 
regarded as the second largest producer of child pornographic materials in the 
world, must take a giant leap in order to curtail, if not totally eliminate, this multi- 
billion dollar industry. 
For these reasons, the passage of this bill is 


THIRTEENTH CONGRESS 
1 
Third Regular Session 
I 
OF THE REPUBLIC OF THE PHILIPPINES 
S E N A T E  
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Introduced by Sen. M.A. Madrigal 
AN ACT PROHIBITING CHILD PORNOGRAPHY, 
IMPOSING PENALTIES FOR THE COMMISSION THEREOF 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Short Title. This Act shall be known as the "Anti-Child Pornography Act of 2007." 
Section 2. Declaration ofstate Policy. It is the State's policy to: 
a. Guarantee the rights of every child from all forms of neglect, cruelty, and other 
conditions prejudicial to their development; 
b. Protect the child from all forms of exploitation and abuse, such as: 
(i) the exploitative use of a child or children in pornographic performances 
(ii) the inducement or coercion of a child to engage in or perfom any sexual 
and materials; and 
activity or practices, through whatever means; and 
c. Comply with the country's two international treaties concerning the rights of 
children namely, the Convention on the Rights of the Child and the 2nd Optional 
Protocol to the Convention on the Rights of the Child. 
Section 3. Definition of Terms. For purposes of this Act, the following terms shall be 
a. Child - refers to a person below fifteen (15) years of age or those over but is unable to 
fully take care of oneself from abuse, neglect, cruelty, exploitation, or discrimination, 
because of a physical or mental disability or condition. 
b. Sexual Exploitation - refers to the participation of a child in the production of 
pornographic materials. 
Child Pornography - refers to any visual or audio representation of a child or a 
person depicted as one, engaging in real or simulated explicit sexual activities. It 
may include the depiction of a child in whatever means that would result in the 
manifestation of any form of prurient interest. The representation shall be in 
whatever form of computer graphics or by any electronic or mechanical means, 
including the use of information technology and the Internet. 
d. Internet Service Provider- refers to a company which provides Internet access for 
individuals, organizations, and companies. An Internet Service Provider usually has 
multiple access methods, including dial-up, Wireless Local Area Networks (Wi-Fi), 
Digital Subscriber Line (DSL), and cable modem. 
e. Person - refers to any natural or juridical entity. 
defined as follows: 
c. 


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f. The Department - refers to the Department of Social Welfare and Development. 
g. Commercial Use - shall mean pornographic materials of such quantity intended 
for sale and with the end view of making a profit. Three or more pornographic 
materials of each kind or issue shall be primafacie evidence that the same is for 
Commercial Use. 
h. Personal Use - shall refer to pornographic materials for private use and purpose 
and not intended for sale. 
Section 3. Unlawfnl or Prohibited Acts. It shall be unlawful for any person to 
commit any of the following acts: 
a. To induce or recruit a Child to participate in the production of pornographic 
materials; 
b. To produce, through any means, including the use of computer graphics 
electronic or mechanical means any child pornographic material as defined in 
section 3 (c) hereof; 
c. To publish, sell, distribute, broadcast, export and import for Commercia1 Use 
through any means, such as but not limited to, writings and pictures, books, 
magazines, billboards, tabloids, comics, posters, cards, calendars, decals, stickers, 
paintings, photographs, television shows, motion pictures, computer graphics or 
by any electronic or other means including the use of information technology 
such as mobile phones and the Internet, child pornographic materials as defined 
in section 3 (c) hereof; 
d. To possess any child pornographic material as defined in this Act, with or 
without the intent to publish, sell, distribute and broadcast; 
e. To export or import such material for Personal Use; 
f. To disclose to the media and the public the name, address, telephone number, 
school, or other identifying information of a child who is or is alleged to be a 
victim of Sexual Exploitation, or an immediate family of the child. 
g. To publish or cause to be published in any format the name, address, telephone 
number, school, or other identifying information of a child who is or is aIleged to 
be a victim of Sexual Exploitation, or an immediate family of the child. 
Section 4. Prosecution of Cases. Any person who has personal knowledge of the 
commission of any of the offenses under this Act, including but not limited to the child, 
parents, siblings, legal guardian, the Department, or police officers may file a complaint 
against the persons committing such offense. 
Section 5. Responsibility of Internet Service Provideus. AI1 Internet Service Providers 
(ISPs) shall notify the proper law enforcement agency after learning that a website 
containing child pornography exists on its server. If an ISP willfully fails to report the 
said websites and violators or cooperate in the investigation of said violators, then they 
will be penalized in accordance to Section 7 thereof. 


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Section 6. Penalties and Sanctions. The following penalties and sanctions are 
hereby established for offenses enumerated h this Act: 
a. Any person found guilty of committing any of the acts enumerated in section 4 
(a) and (b) shall suffer the penalty of life imprisonment and a fine of not less than 
Two Million Pesos (PhP 2,000,000.00) but not more than Five Million Pesos (PhP 
5,000,000.00). 
b. Any person found guilty of committing any of the acts enumerated in section 4 
(c) shall suffer the penalty of Twelve (12) Years and One day to Twenty (20) 
years and a fine of not less than One MiIIion Pesos (PhP 1,000,000.00) but not 
more than Two Million (PhP 2,000,000.00) Pesos. 
c. Any person found guilty of committing the act defined in section 4 (d) and (e) 
shall suffer the penalty of Six (6) Years and one day to Twelve (12) years and a 
fine of not less than Five Hundred Thousand Pesos (PhP 500,000.00) but not 
more than One Million Pesos (PhP 1,000,000.00). 
d. Any officers of the law, prosecutor office or the Court found guilty of committing 
the act defined in section 4 (f) shall suffer the penalty of Six (6) months and one 
day to One (1)-year and a fine of not less than One Hundred Thousand Pesos 
(PhP 100,000.00) but not more than Three Hundred Thousand Pesos (PhP 
300,000.00) with the accessory penalty of perpetual disqualification from holding 
any public office. 
e. Any person found guilty of committing the act defined in section 4 (8) shall 
suffer the penalty of One (1) month .and One (1) day to Six (6) Months and a fine 
of not less than One Hundred Thousand Pesos (PhP lOO,000.00) but not more 
than Three Hundred Thousand Pesos (PhP 300,000.00). 
f. 
If the offender is a juridical person, the penalty shall be imposed upon the owner, 
manager, partner, member of the board of directors, and any responsibIe officer, 
who participated in the commission of the crime or shall have knowingly 
permitted or failed to prevent its commission. 
g. If the offender is a foreigner, he shaI1 be immediately deported after the complete 
service of his sentence and shall forever be barred from entering the country. 
h. Any Internet Service Providers found guilty of committing the act enumerated in 
section 6 shall suffer the penalty of forfeiture of license and a fine of not less than 
Two Million Pesos (PhP 2,000,000.00) but not more than Five Million Pesos (PhP 
5,000,000.00). 
Section 7. Confidentiality. The right to privacy of the child shall be ensured at all 
times in whatever stage of the investigation or judicial proceedings. The following rules 
shall be observed in the investigation, prosecution and trial for violation of this Act, 
taking into consideration the best interest of the child: 
a. The Judge, Prosecutor, or any officer of the law shall conduct a closed-door 
investigation, prosecution or trial. 


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b. Any record regarding a child shall be confidential and kept under seal. Except 
upon written request and order of the court, a record shall be released only to the 
following: 
i. 
ii. 
The prosecuting attorney; 
iii. 
Defense counsel; 
iv. 
The guardian ud litem; 
v. 
vi. 
Members of the court staff for administrative use; 
Agents of investigating law enforcement agencies; and 
Other persons as determined by the court. 
c. Any child pornographic materials that are part of the court record shall be under 
a protective order that provides as follows: 
Child pornographic materials may be viewed only by parties, 
their counsel, their expert witness, and the guardian ad litem. 
i. 
ii. 
No child pornographic material, or any portion thereof, shall be 
divulged to any other person, except as necessary for the 
investigation, prosecution or trial. 
No person shall be granted access to the child pornographic 
material or any part thereof unless he signs a written affirmation 
that he has received and read a copy of the protective order; that 
he submits to the jurisdiction of the court with respect to the 
protective order; and that in case of violation thereof, he will be 
subject to the contempt power of the court. 
No tape shall be given, loaned, sold, or shown to any person 
except as ordered by the court. 
iii. 
iv. 
Section 8. Protective Custody of the Child. The child shall be immediately placed 
under the custody of the Department if the parents or legal guardian are the accused or 
they are unwilling or unable to provide care and protection to the child. To ensure the 
recovery, rehabilitation, and reintegration of the child into the mainstream of society, the 
Department shall make available the following services to the child and his family or 
legal guardian: 
a. Emergency shelter or appropriate housing; 
b. Counseling; 
c. Free legal services which shall include information about the victims’ rights and 
the procedure for filing complaints, &d other legal remedies available to them: 
d. Medical and Psychological services; 
e. Educational Assistance; and 
f. Livelihood Assistance. 


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Section 9. Lead Agency. ?'lie Department shall be the lead agency to monitor the 
compliance of the provision.s of this act. It shall formulate policies and programs that 
will promote awareness and education against Child Pornography. 
SectionZO. Funding. The Philippine Charity Sweepstakes Office (PCSO) and the 
Philippine Amusement and Gaming Corporation (PAGCOR) shall allocate from their 
respective earnings the amount of Twenty Five Million Pesos (PhP 25, 000,000.00) each 
which shall accrue to a special account in the Department for the proper implementation 
of this Act. 
Section 31. ConfL%ation and Forfeiture of the Proceeds derived from Child 
Parnography. In addition to the penalty imposed under this Act, the court shall order 
the confiscation and forfeiture, in favor of the government, of all proceeds and 
properties derived from and used in the commission of the offenses under Section 4 (b), 
(c), (d) and (e) of this Act. 
When the proceeds, properties and inskuments of the offense have been destroyed, 
diminished in value or otherwise rendered worthless by any act or omission, directly or 
indirectly by the offender or it:has been concealed, removed, converted, or transferred to 
prevent the same from being found or forfeited, the offender shall be ordered to pay the 
amount equal to the value of tlhe proceeds, property or instrument of the offense. 
All proceeds derived from the offense of child pornography shall accrue to the 
special account in the Department mentioned above. 
Section 12. Implementing IWes and Regulations. Within thirty (30) days from the 
effectivity of this Act, the Department, with the Department of Justice and other 
government agencies and Non-Government Organizations, after due consultation, shall 
promulgate the necessary rules and regulations for the implementation of this Act. 
Section 13. 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 14. Repealing Clause. All laws, decrees, rules and regulations or parts 
thereof inconsistent with this Act are hereby repealed, modified or amended 
accordingly. 
Section 15. Effectivity. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved.