TH CONGRE 
"QtI 
30 R l  :.-<': 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Sen. Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
Obscene shows and pornographic entertainment in various media including the 
movies, video-cassette tapes, magazines, comics, and nightclub entertainment are 
currently enjoying an alarming resurgence. Films that feature "penetration" scenes and 
seductive nightclub acts in dingy bars and honkytonks, now encounter little, if any, 
censorship hurdles and are no longer justified by their producers as essential to artistic 
integrity. 
Although it has often been argued that "art imitates life", these scandalous 
exhibitions sensationalize the decline of national morality and the corruption of the 
citizens, particularly of the youth. That this corrosion of society's ethical conscience can 
be aggravated to a great extent by the glamorous context of presentation on TW and 
other popular media is equally true and must not be forgotten. 
The government campaign against pornography has been sporadic in the past, 
often being dependent primarily upon the personalities exercising censorship functions 
and their interpretation of their responsibility as guardians of the national morality. Their 
efforts have been hampered by the lack of a comprehensive anti-obscenity and 
pornography law. 
As responsible parents and citizens, we must be vigilant against the 
bombardment of our children by obscenity and pornography. This proposed measure, 
entitled the Anti-Obscenity Act of 2004, prohibits the pubic demonstration of the sexual 
act, the sale and display of materials containing pornographic presentations and 
provides penalties for violations. 
Support for the early passage of this bill is, therefore, earnestly sought. 
EJERCITO ESTRADA 
Senator 


* 
THIRTEENTH CONGRE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
1 
“04 ,-!I$] 
30 I 1J .3b 
S.B. No. 
Introduced by Sen. Jinggoy Ejercito Estrada 
AN ACT 
PROHIBITING THE DEMONSTRATION, PERFORMANCE OR EXHIBITION IN 
PUBLIC OF CERTAIN SEXUAL ACTS, AND THE PRODUCTION, IMPORTATION, 
SALE OR DISTRIBUTION, OR PUBLIC SHOWING OR DISPLAY OF 
PORNOGRAPHIC MATERIALS, PROVIDING PENALTIES THEREFORE, AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. 
Short Title. - This Act shall be known as “Anti-Obscenity Act of 
2004. 
SECTION 2. Coverage of the Act. - It shall be unlawful for any person to 
perform, exhibit, or demonstrate in public, before an audience, or in the presence of 
another person who is not a participant therein, any of the following sexual acts: 
I. coitus 
2. 
sexually deviant acts: 
a. 
b. 
C. 
d. 
e. 
Buggery 
[I] Sodomy 
[2] 
Bestiality 
[3] 
Pederastia 
Algolagnia 
[I] Sadism or Active Algolagnia 
[2] 
Masochism or Passive Algolagnia 
N ecro p h i I ism 
Fellatio or Irrumation 
Cunni I i ng us 


e. 
Cunnilingus 
f. 
Anilingus 
g. 
Urolagnia 
h. 
Coprophilia 
I. 
Masturbation 
SECTION 3. Penalties. - (I) 
The penalty of imprisonment of from one (I) 
year 
and one (I) 
day to six (6) years or a fine ranging from Ten thousand pesos 
(P10,OOO.OO) to sixty thousand pesos (P60,OOO.OO) shall be imposed on the 
demonstrator, performer, actor, or exhibitor in any demonstration, performance or 
exhibition involving any act sexual acts enumerated in the preceding section: Provided, 
however, That the penalty of imprisonment of from six (6) months and one thousand 
pesos (P1,OOO.OO) to Ten thousand pesos (P10,OOO.OO) shall be imposed on the 
offender in anilingus, urolagnia, coprophili, or masturbation: Provided, further, That in 
case the demonstrator, performer, actor, or exhibitor is below eighteen (18) years of 
age, he or she shall be considered as offended party pursuant to the provisions of 
Republic Act No. 761 0, otherwise known as the "Special Protection of Children Against 
Child Abuse, Exploitation and Discrimination Act", and shall be placed immediately 
under protective custody as provided for in section 28 thereof. 
SECTION 4. Provided Acts and Materials. - Any person who shall portray, 
depict, or present, any of the sexual acts enumerated in Section 2 of this Act, in pictures 
or in writings, motion pictures, video tapes, tabloids, comics, pamphlets, newspapers, 
magazines, books, posters, cards, calendars, decals, stickers, paintings, or 
photographs shown, displayed, sold or distributed in public, or in any place of public 
accommodation, shall be punished as follows: 
1. 
If the offender is the producer, financier, promoter, importer, author or 
writer, publisher, editor or printer of any of the materials hereinabove 
described, he shall be punished by imprisonment of from one (1) year and 
one (1) day to six (6) years and a fine ranging from one hundred thousand 
pesos (PI 00,000.00) Two hundred thousand pesos (P200,OOO.OO). 
The penalty of imprisonment of from six (6) months and one (I) 
day to four 
(4) years and a fine ranging from Ten thousand pesos (PlO,OOO.OO) to 
Sixty thousand pesos (P60,OOO.OO) shall be imposed on any person who 
shall knowingly display, sell or distribute any of the materials described in 
the first paragraph hereof. 
2. 


This section shall not apply if the portrayal, depiction, representation, or 
description has legitimate judicial, educational, scientific or medical or otherwise official 
purpose. 
SECTION 5. Owner, Lessee, Maintainer. - The penalty of imprisonment from 
one (I) year and one (1) day to six (6) years or a fine ranging from Ten thousand pesos 
(PlO,OOO.OO) to Sixty thousand pesos (P60,OOO.OO) shall be imposed on the owner, 
lessee or maintainer of any establishment who shall knowingly allow the commission 
therein of any unlawful acts enumerated in Sections 2 and 4 of this Act. 
SECTION 6. Common Provision. - The following provisions shall apply to 
Sections 3, 4 and 5 of this Act: 
1. The penalty shall be imposed in its maximum if the offender is a public officer 
or employee. He shall also suffer perpetual disqualification from holding 
public office. 
2. The penalty shall likewise be imposed in its maximum if the offender has 
been previously convicted under this Act. 
3. If the offender is a corporation, partnership or association, the officer thereof 
shall suffer the penalty of imprisonment, and its business license or permit 
shall be withdrawn, cancelled or forfeited. 
SECTION 7. Disposition of Prohibited Materials. - Any prohibited materials 
including tools, instruments and equipment used in the production thereof, shall after 
lawful seizure and final conviction of the offender or offenders be fafeited in favor of the 
Government and destroyed in the presence of the representatives of the Department of 
Social welfare and Development and of religious, civic and youth organizations, in such 
place and manner as the court may order: provided, however, That where 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 under this Act, the materials shall be returned 
to the said accused. 
SECTION 8. Repealing Clause. - Article 201 of the Revised Penal Code, as 
amended, is hereby further amended by deleting subparagraphs numbered 2 and 3 
thereof. Presidential Decree No. 969 is hereby amended by deleting Section 2 thereof. 


y. - This Act shall take after fifteen (15) days following its 
complete publication in Official Gazette or in at least two (2) national newspapers of 
general circulation in the Philippines. 
Approved,