.. ,-,: 
. ~ .  
.. 
’%: 
ci.iF, 
,.. .?’; 
,
~
~
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
. ..~ 
: >  
~ 
Y 
J /  
, 
I , & .  
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
~ 
. , . 
~ 
(I <. 
\ f . : , L ~ E  
, ’\. 
~. 
- . ~ 
, 
- 
/” 
COMMITTEE REPORT NO. 
5; 5 
Submitted jointly by the Committees on 
and on Justice and Human Rights on 
t , Women and Family Relations 
l&y 9 1 2008 
Re: 
Recommending its approval in substitution of Senate Bill No. 3. 
Sponsors: 
Senators Madrigal and Escudero. 
Senate Bill No. & 
”’ 7 1 7 
~~ 
~ 
MR. PRESIDENT: 
The Committees on Youth, Women and Family Relations and on Justice 
and Human Rights to which was referred Senate Bill No. 26, authored by Senator 
Madrigal, entitled: 
“AN ACT 
PROHIBITING CHILD PORNOGRAPHY, IMPOSING 
PENALTIES FOR THE COMMISSION THEREOF AND 
FOR OTHER PURPOSES” 
have considered the same and have the honor to report this bill back to the 
Senate with the recommendation that the attached bill, S. No. _, 
prepared by 
the Committees, entitled: 
2317 
“AN ACT 
PROHIBITING CHILD PORNOGRAPHY, IMPOSING 
PENALTIES FOR THE COMMISSION THEREOF AND 
FOR OTHER PURPOSES” 
be approved in substitution of S. No. 26 with Senators Madrigal and Escudero as 
authors. 


Respectfully submitted. 
N v \ d  
FRANCIS “CHI$&. ESCUDERO 
~ 
Chairman 
Chairperson 
Committee on Justice and Human Rights 
Committee on Youth, Women 
and Family Relations 
Members: 
ALAN PETER ‘‘COMPAfdERO” S. CAYETANO 
RICHARD J. GORDON 
JUAN PONCE ENRILE 
4 7 
LOREN B. LEGARDA 
Ex-Officio Members 
JINGGOY EJERCITO ESTRADA 
President Pro Tempore 
AQUILINO Q. PIMENTEL, JR. 
Minority Leader 
HON. MANNY VILLAR 
Senate President 
Senate of the Philippines 
Pasay City 


i i.:, :.. 
i, 
, . q /.. 
,
.
 
, , i  
I. 
’ ,  , 
,,, 
\ I  
i- 
/,.< 
L .:r 
, .  
.) 
f , ; ’ \ u ’ l q i ; ~ ;  
, -  
’”” 
FOURTEENTH CONGRESS 
I 
.. .,’> 
, 
,;4,~:k;6k”iB Ld+ ;> 
,?* <’ 
MAY 2 1 2008 
OF THE REPUBLIC OF THE PHILIPPINES 
] 
,, $ 
!’,!>, 
i jr , - I . ~ ”  -....j 
First Regular Session 
I 
S E N A T E  
S. B. N o . a Y  
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
Introduced by Senator 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 2008.” 
Section 2. Declaration of State Policy. - It is the policy of the State to: 
a. Guarantee the rights of every Child from all forms.of neglect, cruelty and 
other conditions prejudicial to their development; 
b. Protect every Child from all forms of exploitation and abuse, including 
but not limited to: (1) the exploitative use of children in pornographic 
performances and materials; and, (2) the inducement or coercion of 
children to engage in pornography 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 
Second Optional Protocol to the Convention on the Rights of the Child. 
Section 3. Definition of Terms. - For purposes of this Act, the following terms 
14 
shall be defined as follows: 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2 
a. Child -refers to the following: 
A person as defined under the United Nations Convention On The 
Rights Of The Child; 
A person, regardless of age, who is unable to fully take care of 
oneself because of mental disability or condition; 
When applicable, a person, regardless of age, who is presented, 
depicted or believed to be a Child as defined herein; and 
When applicable, computer generated, digitally created or 
manually crafted images or graphics of a person who is represented 
or is made to appear to be a Child as defined herein. 
b. Child Pornography - refers to any visual, written material or audio 
representation, whether or not it is made by electronic or mechanical 
means, or an actual presentation of a Child 
(1) 
(2) 
Engaged in real or simulated explicit sexual activity; or 
Showing his or her sexual parts or anal region, the dominant 
characteristic of which depicts a sexual purpose. 
Visual, written material or audio representation shall include, but not be 
limited to, writings and pictures, books, magazines, billboards, tabloids, 
comics, posters, cards, calendars, decals, stickers, paintings, photographs, 
television shows, motion pictures, computer graphics or any electronic or 
other means, including the use of information technology such as mobile 
phones and the internet. 
Actual presentation shall include, among others, the live performance or 
showing of a Child engaged in real or simulated explicit sexual activity, or 


3 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
the depiction, for a sexual purpose, of the sexual parts or anal region of 
the Child. 
c. Internet Service Provider (1%’) 
- refers to a company which provides 
internet access and related services. An Internet Service Provider usually 
has multiple access methods that include, but are not limited to: (1) dial- 
up; (2) wireless and local area network (Wi-Fi/LAN); (3) Digital Subscriber 
Line (DSL); (4) broadband; and (5) cable modem. 
d. Person - refers to any natural or juridical entity. 
e. Department - refers to the Department of Social Welfare and 
Development (DSWD). 
f. DO] - refers to the Department of Justice. 
g. PNP - refers to the Philippine National Police. 
h. NBI -refers to the National Bureau of Investigation. 
i. NGOs - refer to non-government organizations known to be actively 
working with and on behalf of children and youth, particularly for their 
protection against exploitation and abuse. 
Section 4. Unlawful 
OY Prohibited Acts. - It shall be unlawful for any person to 
commit any of the following acts: 
a. To induce, use, coerce or recruit a Child in the production of Child 
Pornography; 
b. To produce, through any means, including the use of computer graphics, 
22 
23 
, Child Pornography; 
cellular phones or other electronic devices, or mechanical means any 


4 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
c. To publish, offer, transmit, sell, distribute, broadcast, export and import 
through any means, Child Pornography; 
d. To possess or knowingly access any Child Pornography, with or without 
the intent to publish, sell, distribute and broadcast. 
Provided that no person shall be convicted under paragraphs (b), (c) and (d) of 
this Section if the act allegedly constituting the offense shall be exclusively for a 
legitimate purpose related to the administration of justice, science, medicine or 
education. 
Section 5. Prosecution of Cases. - Any person who has 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 for the prosecution of the case. 
Section 6. Appointment of Special Prosecutors. - The DOJ shall appoint or 
designate Special Prosecutors to prosecute cases for violation of this Act. 
Section 7. Jurisdiction. - Jurisdiction over cases for violation of this Act shall be 
vested in the Juvenile and Domestic Relations Court which has territorial 
jurisdiction over the place where the offense or any of its essential elements was 
committed. 
Supreme Court Circular A.M. No. 004-07-SC dated 21 November 2000 or the 
Rule on Examination of a Child Witness, and its amendments or revisions 
thereto, shall be applied in the prosecution of cases for violation of this Act. 
Section 8. Responsibility of Internet Service Providers. - All Internet Service 
Providers (ISPs) shall notify the PNP or the NBI within seven (7) days from 
obtaining facts and circumstances that Child Pornography is being committed 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
5 
using its server or facility. Nothing in this Section may be construed to require an 
Internet Service Provider (ISP) to engage in the monitoring of any user, 
subscriber or customer, or the content of any communication of any such person; 
provided that no Internet Service Provider (ISP) shall be held civilly liable for 
damages on account of any notice given in good faith in compliance with this 
Section. 
All Internet Service Providers (ISPs) shall install available technology, program 
or software to ensure that access to or transmittal of Child Pornography will be 
blocked or filtered. 
The National Telecommunications Commission (NTC) shall promulgate within 
six (6) months from the effectivity of this kw Act the necessary implementing 
rules and regulations which shall include, among others, the installation of 
filtering software that will block access to or transmission of Child Pornography. 
Section 9. Confidentiality. - The right to privacy of the Child and his or her 
family shall be ensured at all times in whatever stage of the investigation or 
judicial proceedings. The name, address, telephone number, school, business 
address, employer, or other identifying information of a victim or an immediate 
family member, without the latter’s consent, shall not be published or caused to 
be published in whatever form. 
Section 10. Care, Custody and Treatment of a Child Victim. - The Department 
shall ensure that the Child who is a victim of Child Pornography is provided 
appropriate care, custody and support for their recovery and reintegration in 
23 
accordance with existing laws. 


6 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
I3 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
Section 11. Penalties and Saizctions. - The following penalties and sanctions are 
hereby established for offenses enumerated in this Act: 
a. Any person found guilty of committing any of the acts enumerated in 
Section 4 (a) shall suffer the penalty of imprisonment of not less than six 
(6) years and one (1) day but not more than twelve (12) years and a fine of 
not less than One Million Five Hundred Thousand Pesos (Php 
1,500,000.00) but not more than Two Million Pesos (Php 2,000,000.00). 
b. Any person found guilty of committing any of the acts enumerated in 
Section 4 (b) and (c) shall suffer the penalty of imprisonment for a period 
of not less than three (3) years and one (1) day but not more than six (6) 
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). 
c. Any person found guilty of committing the act defined in Section 4 (d) 
shall suffer the penalty of imprisonment of not less than one (1) year but 
not more than three (3) years 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). 
d. Any Internet Service Providers found guilty of willfully and knowingly 
failing to comply with the notice and installation requirements under 
Section 8 shall suffer the penalty of 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) for the first offense. In case of a subsequent offense, the 
penalty shall be a fine of not less than One Million Pesos (Php 


7 
1 
2 
3 
4 
5 
6 
7 
50,000.00). 
8 
9 
10 
11 
12 
1,000,000.00) but not more than Two Million Pesos (Php 2,000,000.00) and 
forfeibre of its license to operate. 
e. Any person found guilty of committing the act defined in Section 9 shall 
suffer the penalty of imprisonment of not less than one (1) month but not 
more than six (6) months and a fine of not less than Thirty Thousand 
Pesos (Php 30,000.00) but not more than Fifty Thousand Pesos (Php 
f. If the offender is an ascendant, parent, guardian, stepparent or collateral 
relative within the second degree of consanguinity or affinity, the penalty 
provided herein shall be imposed in its maximum period. 
g. 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 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
responsible officer, who participated in the commission of the crime or 
shall have knowingly permitted or failed to prevent its commission. 
h. If the offender is a foreigner, he or she shall be immediately deported after 
the complete service of his or her sentence and shall forever be barred 
from entering the country. 
Section 12. Confiscation and Forfeiture of the Proceeds Derived from Child 
Pornography. - 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 (a), (b), (c), (d) and (e) of this Act. 
When the proceeds, properties and instruments of the offense have been 
destroyed, diminished in value or otherwise rendered worthless by any act or 


8 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
omission, directly or indirectly by the offender or these have 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 
the proceeds, property or instrument of the offense. 
All proceeds derived from the offense of Child Pornography shall accrue to the 
special account of the Department which shall be used exclusively for the proper 
implementation of this Act. 
Section 13. Lead Agencies. - The Department of Social Welfare and Development 
(DSWD) and the Department of Justice (DOJ) shall be the lead agencies to 
monitor the compliance of the provisions of this Act. The PNP Child and 
Women’s Desk shall be the lead law enforcement agency to enforce and 
implement the provisions of this Act. 
Section 14. Funding. - The funding requirement for the proper implementation 
of this Act shall be included in the allocation of the Department under the 
General Appropriations Act. 
Section 15. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the Department, the DOJ and other relevant 
government agencies and NGOs, after due deliberation and consultations, shall 
promulgate the necessary rules and regulations for the implementation of this 
Act which shall include, among others, the education and awareness on the 
adverse effects of Child Pornography. 
Section 16. 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. 


9 
1 
2 
3 
accordingly. 
4 
5 
6 
general circulation. 
7 
Approved, 
Section 17. Repealing Clause. - All laws, decrees, rules and regulations or parts 
thereof inconsistent with this Act are hereby repealed, modified or amended 
Section 18. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in the Oficial Gazette or in at least two (2) newspapers of