THIRTEENTH CONGRESS OF 
Firsf Regular Session 
OF THE PHILIPPINES 
S E N A T E  
s. No. 
8 
Introduced by Senator S. R. Osmeiia 111 
EXPLANATORY NOTE 
For the year 1999 alone, as per data provided in the 2003 National 
Statistical Yearbook, there were 5,932 reported cases of violence against 
women. By 2002, this figure has increased to 9,547, an increase of 61%. 
In 1999, of the 5,932 reported cases, 2,206 were sex related. By 2002, 
this figure increased to 2,559 of the 9,547 reported crimes, a growth of 16%. 
Hence, the importance of providing legislation that shall aide in uplifting the 
dignity of women in this land. 
Pornography does not serve this purpose. As a matter of fact, it does the 
opposite. 
It's only purpose seems to degrade and exploit women for material 
gain. Such exploitation is not an act of freedom but one of oppression and is 
criminal in nature. Pornography presents an image of womanhood that is devoid 
of any nobility and dignity. It presents an image of the woman as an object to be 
lusted after and acquired, rather than respected. 
Although it would be impossible to eliminate this cancer altogether, it is 
indeed possible to limit it. Such is the purpose of this proposed legislation. This 
bill seeks to prohibit the publication, sale, distribution, importation, and exhibition 
of indecent acts in public. Through this bill it is hoped that the moral principles by 
which this nation was founded on be upheld and protected. It levies upon its 
offenders a maximum penalty of P500,OOO for promoters, publishers, printers, 
etc. and a maximum of P50,OOO for performers. In case of non-payment of 
stipulated penalties, imprisonment is recommended. 
In view hereof, the approval of this measure is highly recommended. 
c 
I?, 
SERGlO OSMENA 111 
Senator 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
PROHIBITING THE PUBLICATION, SALE, DISTRIBUTION, IMPORTATION 
AND EXHIBITION OF THE OBSCENE AND PORNOGRAPHIC MATERIALS 
AND THE PERFORMANCE OR EXHIBITION OF INDECENT ACTS IN PUBLIC 
AND PROVIDING PENALTIES FOR VIOLATION THEREOF 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 “The Anti- 
Obscenify and Pornography Act of 2004” 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
State to safeguard the morality of society, particularly the youth and the women, 
against the eroding influence of immoral doctrines, obscene and pornographic 
materials, publications and indecent shows. 
SEC. 3. Definition of Terms. - For purposes of this Act, the following 
terms shall be defined as: 
(a) “Obscene and pornographic material” refers to any object in 
photography, movies, videos, television, internet, printed materials or in any other 
format designed to stimulate sexual desire such as but not limited to: 
(I) 
Explicit pictures or scenes depicting or describing sexual acts; 
masturbation, oral and anal sex, autoerotism; excretion such as urination and 
edema materials; sadomasochistic sex, bestiality, necrophilia, pedophilia, 
bondage and sex, sex with sacrilege; sex acts between and among children; 
(2) Lewd or libidinous depiction or description of the nudity of human body 
and its various parts such as male and female genitals, pubic region, buttocks, 
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female breast below a point immediately above the top of the areola, male 
genitals in a discernibly turgid state, genitals in a state of sexual stimulation; 
fondling or erotic touching of genitals, public region, buttock or female breast; 
(3.) “Sex stories” such as columns, narrative or illustrated stories and 
articles contained in newspapers graphically depicting sexual acts; 
(4) Lewd depiction and description of sexual paraphernalia such as life- 
sized rubber dolls, dildos, artificial vagina, vibrators or sexual gadgets of any 
kind; and 
(5) Still photographs of movies whether domestic or foreign, having sexual 
contents, and previously or subsequently rated “R” or “X” by the Movie and 
Television Review and Classification Board (MTRCB) 
(b) ”Indecent act” refers to public display of naked persons or persons 
performing live sexual acts, normal or perverted, actual or simulated which under 
contemporary community standards are patently offensive. 
(c) “Material” refers to any printed or written article, statue or figure, 
recording] transcription or reproduction by mechanical, chemical or electrical 
means. 
(d) ”Person” refers to any natural or juridical entity 
(e) “Knowingly” means having actual or constructive knowledge of 
obscene and/ or pornographic contents of the subject matter. Failure to inspect 
the contents of such subject matter shall not be accepted as an excuse and will 
not exempt any person from criminal liability under this Act. 
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SEC. 4. Unlawfd or Prohihifed Act. - (a) It shall be unlawful for any 
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person to publish, sell, distribute and import obscene and pornographic materials 
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defined in Section 3 of this Act, in whatever form, such as but not limited to 
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writings or pictures, books, magazines, tabloids, comics, newspapers, posters, 
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cards, calendars, decals, stickers, paintings, photographs, or motion pictures; 
(9 “Distribute” means to send, transmit, or pass through electronic devices 
or to transfer possession with or without consideration of any kind. 
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(b) It shall likewise be unlawful for any person to portray, depict, perform 
or exhibit any decent act in public, or in places of public accommodation, or 
coerce, intimidate or fraudulently induce another into doing such indecent acts; 
and 
(c) It shall be unlawful for any person to force another to listen, read or 
view obscene and pornographic materials in any public place. 
SEC. 5 Penalties. - Any person who violates any provision of this Act or 
any regulation hereunder shall, upon conviction, be imposed the following 
penalties: 
(a) 
If the offender is the producer, financier, promoter, importer, writer, 
publisher, editor or printer of any of the indecent act or obscene and 
pornographic material herein above described, he shall be punished by prison 
sentence of prison correcfional or a fine of not less than Three hundred thousand 
pesos (P300,OOO.OO) but not more than Five hundred thousand pesos 
(P500,OOO.OO). In case of non-payment of fine, subsidiary imprisonment shall be 
imposed at the rate of Five hundred pesos (500.00) per day. 
If the offense is committed by a corporation, partnership, association or 
any other juridical entity, the penalty provided herein shall be imposed on the 
president, managing director, managing partner, or chief operating officer, 
whichever the case may be: Provided, That if the offender is a foreigner, he shall, 
after service of sentence or payment of the fine, be subject to deportation and 
forever barred from entry into the country. 
(b) If the offender is a demonstrator, performer, actor or exhibitor in any 
demonstration, performance or exhibition involving indecent act defined in 
Section 3 of this Act, he shall be punished by a prison sentence of arresfo menor 
or a fine of not less than Thirty thousand pesos (30,000.00) not more than Fifty 
thousand pesos (P50,000.00), at the discretion of the court. In case of non- 
payment of fine, subsidiary, imprisonment shall be imposed at the rate of Three 
hundred pesos (P300.00) per day. 
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In case the demonstrator, performer, actor or exhibitor is below eighteen 
(18) years of age, he or she shall be considered as a victim of child abuse 
pursuant of Republic Act No. 7610, otherwise known as the “Special Protection 
of Children Against Abuse, Exploitation and Discrimination Act,” and shall be 
placed immediately under the protective custody of the Department of Social 
Welfare and Development. 
SEC. 6. Duties of Governmenf 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 Classification Board (MTRCB); and 
(c) Videogram Regulatory Board (VRB). 
The said agencies shall, in addition to their regular functions, exercise the 
following duties: 
(1) Monitor all the publications, materials and shows that fall within their 
respective jurisdiction; 
(2) Seek the assistance of local government units to identify the 
publishers and person responsible for the proliferation of obscene and 
pornographic materials; 
(3) Initiate the prosecution of all persons involved for violation of this Act 
and 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 the business permits of those found 
violating the provisions of this Act, the provisions of Article 201 of the Revised 
Penal Code, as amended, and.other related laws; and 
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(6) Perform such other acts necessary to carry out the objectives of this 
Act. 
SEC. 7. 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 government and destroyed in the presence of the 
representatives of the Department of Justice (DOJ), Philippine National Police 
(PNP), and any one 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. 8. lmplemenfing Rules and Regulafions. - Within ninety (90) 
days after the effectivity of this Act, the PNP, DOJ, PIA, MTRCB, VRB, after 
consultations with the concerned nongovernment organizations, shall promulgate 
the necessary rules and regulations for the implementation of this Act. 
SEC. 9. Separabilify Clause. - If any part of this Act is declared 
unconstitutional or invalid, the other provisions not affected thereby shall 
continue to be in full force and effect. 
SEC. I O .  Repealing Clause. - All laws, decrees, rules and regulations 
or parts thereof inconsistent with this Act are hereby repealed or modified 
accordingly. 
SEC. 
11. Effectivity. - This Act shall take effect fifteen (15) days 
following its complete publication in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved, 
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