SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'1~ 
JUL 'I') pc: :17 
..; 
~_",_, J 
SENATE 
S. No. 
1040 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The photos on the Web sites portray no nudity and no sex, yet men by the 
thousands pay to google them - shots of preteen girls posing in bikinis and halter 
tops ... 
At Florida-based Webe Web Corp., which runs one of the largest 
networks of child-modeling sites, co-founder Marc Greenberg says he can't 
vouch for the motives of his customers. But he insists that no child featured on his 
sites has suffered any physical harm ... 
Greenberg said the girls featured on Webe Web sites wear outfits that 
could be bought at a typical mall and seen at a public beach or backyard picnic. 
Critics counter the pictures and videos of girls in swimsuits, leotards aud 
sleepwear are intended to be erotic even while complying 'with anti-poniography 
laws. 
Webe Web subscribers, who pay about $20 monthly, are not able to chat 
online with the models or e..:.mail them directly, Greenberg said. Foley contends 
some sites do provide direct contacts between customers and children, and 
wOtTies that models are at risk of abduction, abuse, or even murder. 1 
To prevent such commercial interests from preying on Filipino children, this bill seeks to 
prevent exploitive child modeling and employment by penalizing the display of a child's image 
through any medium, or the employment of a child in exploitive child modeling, with the intent 
to make a financial gain thereby, without a direct or indirect purpose of marketing a product or 
service. 2 
, http://www.cbsnews.com/stories/2002/09/16/politics/main522124.sh 
2 This bill was originally filed during the Fourteenth Congress, First Regular Session. 
I 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
''13 
JUL 22 r 5 :17 
1 
2 
3 
SENATE 
S.No. 
1040 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINING THE CRIME OF EXPLOITIVE CHILD MODELING 
AND PROVIDING PENALTIES 
!:'_' ~ , 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Anti-ExpIoitive Child 
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Modeling Act." 
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SECTION 2. Declaration of Policy. - It is a policy of the State to protect the 
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physical, moral, and social well-being of children. Towards this end, the State shall exert 
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efforts to prevent exploitive child modeling or employment iri keeping with the fundamental 
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freedoms guaranteed under the Constitution, and the Convention on the Rights of the Child 
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and other international human rights instruments of which the Philippines is a party. 
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SECTION 3. Definition of Terms. - For the purposes of this Act, the telm: 
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(A) "Exploitive child modeling" means the display of a minor through any medium 
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including, but not limited to, a website without a direct or indirect purpose of marketing a 
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product or service other than the minor. 
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(B) "Child" Ineans any person below eighteen (18) years of age~ or those eighteen 
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(18) years old or older but are incapable of taking care of themselves, as defined under 
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Republic Act No. 7610. 
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HY:~ 


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SECTION 4. Promoting Exploitive Child Modeling or Employment; Penalties. -A 
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person is guilty of promoting exploitive child modeling or employment when he or she 
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displays the image of a child through any medium, or employs a child in exploitive child 
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modeling, with the intent to make a financial gain thereby, withont a direct or indirect 
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pnrpose of marketing a product or service other than the image of a child model or 
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employing an exploitive child model. 
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Such act shall he punished by a penalty of prision correctional. or a fine ranging 
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from Ten Thousand Pesos (PIO,OOO.OO) to Fifty Thousand Pesos (P50,000.00), or both, at 
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the discretion of the court, taking into consideration the circumstances of the case. 
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If the offender is a family or household member of the victim, the next higher 
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penalty shall be imposed. 
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SECTION 5. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION 6. Repealing Clause. -
Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule, or regulation contrary to or 
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inconsistent with the provisions of this Act is hereby repealed, modified, or amended 
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accordingly. 
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SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
2