THIRTEENTH CONGRESS OF THE REPUBLIC ) 
6 J;i, z(-; 
", . , 
'j 
OF THE PHILIPPI[NES 
) 
.. 
~ 
Second Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Child pornography exploits children and robs them of their innocence. Studies have 
shown that pornography is very influential in the actions of sexual offenders. Statistics show that 
90% of the predators who molest children have had some type of involvement with pornography. 
Predators often use child pornography to aid in their molestation. 
This bill seeks to prevent sexual offenses against children by penalizing the possession, 
sale and distribution of child pornography, or any act of making it available or accessible to any 
person. 


.. ~ 
. , 
6 
JF,:. 
2ii : - ’  
, ,  
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
f\ECF)VEl> 
.
.
 
civ : .-I..I. $;: 
S E N A T E  
S.B. No. 2 k 9 7 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALIZING THE POSSESSION, SALE AND DISTRIBUTION 
OF CHILD PORNOGRAPHY 
Be ii enacted by the Senate and the House OfRepresentatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as “Anti-Child Pornography Act of 
2006.” 
SECTION 2. Declaration of Policy. - It is a policy of the State to protect the physical, 
moral and social well-being of children. Towards this end, the State shall exert efforts to prevent 
sexual offenses committed against children in keeping with the fundamental freedoms 
guaranteed under the Constitution, the Child and Youth Welfare Code, the Provisions of the 
Convention on the Rights of the Child and other international human rights instruments to which 
the Philippines is a party. 
SECTION 3. DeJinition of Terms. - For the purposes of this Act, the term 
(A) “Child pornography” refers to any representation of a child engaged in real or 
simulated explicit sexual conduct, or any other representation of the sexual parts of 
a child primarily for a sexual purpose. 
(B) “Child” refers to those below eighteen (18) years of age, or those eighteen (18) 
years old or older but are incapable of taking care of themselves, as defined under 
Republic Act No. 7610. 


SECTION 4. Prohibited Acts. - It shall be unlawful for any person to knowingly possess 
or control any child pornography in the form of any matter, representation of information, data, 
or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, 
photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy 
disc, data storage media, CD-ROM, or computer-generated equipment or any other computer- 
generated image that contains or incorporates in any manner, any film or filmstrip, the 
production of which involves participation of a child, knowing that the matter depicts a child 
personally engaging in or simulating sexual conduct. 
It shall likewise be unlawful for any person to knowingly sell, lend, rent out, distribute, 
make available, or otherwise provide access to any person, whether or not for money, profit, or 
material, economic or other consideration, any such child pornography in the form of any matter, 
representation of information, data, or image, including, but not limited to, any film, filmstrip, 
photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, 
computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated 
equipment or any other computer-generated image that contains or incorporates in any manner, 
any film or filmstrip, the production of which involves the participation of a child, knowing that 
the matter depicts a child personally engaging in or simulating sexual conduct. 
It shall not be necessary to prove that the matter is obscene in order to establish a 
violation of this Section. 
In a prosecution for a violation of this Act, neither the prosecution nor the defense shall 
be required to introduce expert witness testimony to establish that the person depicted in an item 
above is a real or actual person. The proof that a person was not completely generated by the use 
of technology may be established by direct or circumstantial evidence, or both. 
SECTION 5. Penalties. -Performance of any of the prohibited acts in the manner 
described in the preceding section shall be punishable by a penalty of imprisonment of arresto 
mayor, or a fine of not more than One Hundred Thousand Pesos (PlOO,OOO.OO), or both, at the 
discretion of the court, taking into consideration all attending circumstances. 


The owner, proprietor, or operator of any store, establishment or any other location who 
performs any of the prohibited acts in the preceding section shall be punished by a penalty of 
imprisonment ofprision correccional, or a fine of not more than Three Hundred Thousand Pesos 
(P300,000.00), or both, at the discretion of the court, taking into consideration all attending 
circumstances, and the cancellation of the license to operate such an establishment. If the owner, 
proprietor or operator of the establishment above is a corporation, trust or firm, partnership, 
association or any other entity, the penalty of imprisonment shall be imposed on the entity's 
responsible officers, including, but not limited to, the president, vice-president, chief executive 
officer, general manager, managing director or partner directly responsible therefore. 
The maximum penalty above shall be imposed on any person in possession of more than 
one hundred (100) items in violation of the preceding Section. The maximum penalty shall also 
be imposed if a person has been previously convicted of any violation of this Act. 
SECTION 6. Exceptions. - The provisions of this Act shall not apply to drawings, 
figurines, statues, or to any film or television program rated fit for public viewing or distribution 
by the Movie and Television Review and Classification Board (MTRCB). 
Section 7. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
Section 8. Repealing Clause. -Any law, presidential decree or issuance, executive order, 
letter of instruction, administrative order, rule or regulation contrary to or inconsistent wit the 
provisions of this Act is hereby repealed, modified or amended accordingly. 


Section 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
at least two (2) newspapers of general circulation 
Approved, 
Irgs