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Republic of the Philippines
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HOUSE OF REPRESENTATIVES by REC SEWER"
Batasan Hills, Quezon City ¢ oar 28 20%
NINETEENTH CONGRESS Gy THE

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Third Regular Session

HOUSE BILL NO. 10 $3 2

Introduced by: Hon. Margarita Ignacia B. Nograles

Explanatory Note

The Philippines is a signatory to the United Nations Convention on the Rights
of the Child which obligates the member states to protect children from all forms of
sexual exploitation and sexual abuse. Section 3(2), Article XV of the 1987 Philippine
Constitution also mandates that Filipino children shall have special protection from
all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to
their development. The country manifests this duty by passing Republic Act No. 11930
or the “Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-
Child Sexual Abuse or Exploitation Materials (CSAEM) Act.”

Although Republic Act No. 11930 gives the State a strong weapon to wield
against abusers, it must further be strengthened to anticipate emerging trends
worldwide. One of these trends is the soliciting of minors to engage in sexual activities
or soliciting the consent of their parents or guardian to allow such minors to engage
in sexual activities. It is also the duty of the State to punish acts that are preparatory
in the commission of sexual abuse or exploitation. This way, no child shall undergo
the trauma of being sexually abused before an offender or predator is punished.

For these reasons, this proposal seeks to add some provisions under punishable
acts in R.A. 11930. With the proliferation of digital communication platforms, minors
are increasingly vulnerable to online solicitation and grooming by predators.
Criminalizing the solicitation of minors for sexual purposes helps create safer online
environments by holding perpetrators accountable for their actions without a child
ever becoming an actual victim of abuse. It also empowers law enforcement agencies
to take proactive measures to identify and apprehend individuals who pose a threat
to minors in cyberspace.

Moreover, minors depend on their parents or guardians to act in their best
interests and protect them from harm. Soliciting the consent of these individuals to

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engage in activities that are inherently harmful, such as sexual abuse or exploitation,
disregards the well-being of the minor involved. By criminalizing this behavior, the
Philippines reaffirms its commitment to safeguarding minors and preventing their
exploitation. It also acts as a deterrent and helps prevent the commission of offenses
against minors by imposing legal consequences for those who seek to exploit parental
or custodial authority for nefarious purposes.

Hence, approval of this bill is earnestly sought.

NOGRALES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL No, 16832

Introduced by: Hon. Margarita Ignacia B. Nograles

AN ACT
EXPANDING REPUBLIC ACT NO. 11930 OTHERWISE KNOWN AS THE ANTI-
ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN (OSAEC) AND
ANTI-CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS, ADDING FOR
THE PURPOSE SECTIONS 3(EE), 4(U), 4(V), AND 10(J) THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 3 of Republic Act No. 11930 is hereby amended to read as follows:

Section 3. Definition of Terms.

As used in this Act: xxx xxx xxx

“(ee) SOLICIT MEANS TO COMMAND, AUTHORIZE, URGE,
ENTICE, REQUEST, OR ADVISE A PERSON BY ANY MEANS,
WHETHER IN PERSON, THROUGH AN AGENT OR AGENCY,
THROUGH A COMPUTER OR ANY OTHER ELECTRONIC MEANS

TO PERFORM ANY OF THE PROHIBITED ACTS UNDER THIS
ACT.”

ANN ANY ANY
SECTION 2. Section 4 of the same Act is hereby amended to read as follows:

(a) To SOLICIT, hire, employ, use, persuade, induce, extort, engage, or coerce a
child, to perform or participate in whatever way in the creation or production
of any form of OSAEC and CSAEM”


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SECTION 2. Section 4 of the same Act is hereby amended to read as follows:

(a) To SOLICIT, hire, employ, use, persuade, induce, extort, engage, or coerce
a child, to perform or participate in whatever way in the creation or
production of any form of OSAEC and CSAEM”

XXX XXX XXX

“(u) A PERSON SHALL NOT SOLICIT A CHILD, OR A LAW
ENFORCEMENT OFFICER POSING AS A CHILD, TO ENGAGE IN
ACTIVITIES THAT WOULD BE UNLAWFUL FOR THE PERSON TO
ENGAGE IN THE UNLAWFUL ACTS PROHIBITED UNDER THIS
ACT.

(v) A PERSON SHALL NOT SOLICIT THE CONSENT OF A PARENT
OR GUARDIAN OF A CHILD, OR A LAW ENFORCEMENT OFFICER
POSING AS A PARENT OR GUARDIAN OF A CHILD, TO ENGAGE
IN THE UNLAWFUL ACTS PROHIBITED UNDER THIS ACT.”

XXX XX XXX

Section 3. Section 10 of the same Act is hereby amended to read as follows:

XXX XXX XXX

“(j) ANY PERSON WHO VIOLATES SECTION 4, PARAGRAPH (U) AND
(V) OF THIS ACT SHALL SUFFER THE PENALTY OF PRISION
CORRECCIONAL IN ITS MAXIMUM PERIOD AND A FINE OF NOT LESS
THAN TWO HUNDRED THOUSAND PESOS (P200,000).”

SECTION 4. Separability Clause. ~ If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.


SECTION 5. Repealing Clause. - All laws, presidential decrees, executive orders, rules
and regulations and other issuances, or any part thereof, inconsistent with this Act are
hereby repealed, modified or amended accordingly.

SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,