Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO. 7465 __

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
DEFINING THE CRIME OF SEXUAL ABUSE OR EXPLOITATION OF CHILDREN,
PRESCRIBING PENALTIES THEREFOR, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9775, OTHERWISE KNOWN AS THE ANTI-CHILD
PORNOGRAPHY ACT OF 2009, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to amend Republic Act 9775, otherwise known as the “Anti-Child
Pomography Act of 2009”.

More than ten (10) years after the passage of RA 9775, child pornography materials
continue to abound particularly in the internet. The term “pornography” has been recently referred
to in most international conventions and regulations as “sexual abuse and exploitation”. This gives
the term a broader scope and allows a wider latitude for law enforcement authorities to work on in
prosecuting perpetrators of this inhuman act.

With Filipinos consecutively topping the world in terms of social media use, there is a lot
of room for abusers to engage in sexual exploitation of children behind closed doors and in front
ofa webcam. The Philippines has been dubbed by the United Nations Children’s Fund (UNICEF)
the “global epicenter of the live-stream sexual abuse trade.” One in 5 Filipino children are
vulnerable to online sexual exploitation. UNICEF even tagged the country as the top global source
of child pornography in 2017.!

‘The Department of Justice (DOJ) Office of Cybercrime received at least 600,000 cybertips
of sexual images of Filipino children in 2018. This is more than a 1,000% increase from the
previous 45,645 in 2017. Officials from the DOJ and the Philippine National Police (PNP)
reported continuous training of their front liners for prosecuting the evolving crime. But why are
so many children in the Philippines still in danger of being sexually exploited online?”

The National Center for Missing & Exploited Children (NCMEC) conducted a survey of
online sexual exploitation of children (OSEC) cases investigated by some of the law enforcement
agencies engaged in the Virtual Global Taskforce (VGT), and the case files of OSEC cases
originating in the Philippines that have been referred to or investigated by Philippine law
enforcement agencies. In its report, it highlighted growth over time in the use of Philippine IP
addresses for internet-based child sexual exploitation.

The International Justice Mission (IJM) in its recent study entitled, Online Sexual
Exploitation of Children in the Philippines: Analysis and Recommendations for Governments,
Industry and Civil Society, had four key findings which include:

? https://rappler.com/newsbreak/iq/things-to-know-online-sexual-exploitation-children-philippines
2 Ibid.
3 https://www.jim.org/documents/Final-Public-Full-Report-5_ 20 2020.pdf



1. There was a consistent, sharp rise in the number of IP addresses linked to the
Philippines between 2014 and 2017.

2. The estimated number/prevalence rate of IP addresses used for CSE each month
grew more than 12-fold between 2014 and 2017.

3. The estimated number/prevalence rate of IP addresses used for CSE each year
more than doubled between 2014 and 2017.

4, Due to inconsistencies in the quality of the data within the open-ended text fields
in CyberTipline reports, it was not possible to estimate the percent of internet based CSE
that is suspected to be OSEC.*

The in-depth casefile review in the said study provided information on how Philippine
OSEC cases were initiated, typologies of OSEC victims, customers, and traffickers, as well as
information on the offending process. Twelve key findings were identified from this data:

1. The majority (64%) of Philippine OSEC cases were initiated by referrals from
international law enforcement agencies.

2. The annual number of cases referred to and/or investigated by Philippine anti-
trafficking units increased sharply and consistently from 2014 (1 case) to 2017 (43 cases).

3. The characteristics of OSEC victims were distinct from those of victims of
establishment-based commercial sexual exploitation of children.

4. OSEC was usually a family-based crime.
5. Without intervention, the abuse usually lasted for years.
6. Customers tended to be older men.

7. Customers tended to be from Western countries, although many had travelled to
or lived in the Philippines at some point in time.

8. There was an average of two traffickers per case.

9. Traffickers tended to be younger Filipina women, often family members of the
victims.

10, Most criminals who got caught communicated in English.
11. The crime occurred on the surface of the internet.

12. There appears to be a financial motivation to the crime for most facilitators of
OSEC.

Data on global law enforcement OSEC cases that had been referred from one country to
another and NCMEC data on CyberTipline reports that were classified as involving incidents of
“online enticement” were examined to understand the Philippines within a global context. Two
key findings were identified from this data:

1. According to global law enforcement data, the Philippines was the largest known
source of OSEC cases.

“ https://www.ijm.org/documents/Final-Public-Full-Report-5_20 2020.pdf



2. The Asia/Pacific region was the third largest source of “online enticement”
CyberTipline reports.

Overall, the data from all three parts of this study suggest that OSEC is a serious and
growing problem in the Philippines, perpetrated by a unique type of offender and affecting very
young children. Due to the lack of quality data that exists on OSEC and complexity of the crime,
this experimental study should be used as a catalyst for the global stakeholder community to
continue prioritizing and improving data collection and analysis so we can collectively understand
and effectively address this crime, as well as the impact of our interventions.°

In this light, immediate passage of this bill is earnestly sought.

CHERYL P. DELOSO MONTALLA
Refresentative

2™ District, Zambales

feport-5 20 2020.pdf

im.org/documents/Fina



Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7465

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
DEFINING THE CRIME OF SEXUAL ABUSE OR EXPLOITATION OF CHILDREN,
PRESCRIBING PENALTIES THEREFOR, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9775, OTHERWISE KNOWN AS THE ANTI-CHILD
PORNOGRAPHY ACT OF 2009, AND FOR OTHER PURPOSES

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

Section 1. Short Title. — This Act shall be known as the “Anti-Sexual Abuse or
Exploitation of Children Act of 2020.”

Section 2. Declaration of Policy. ~The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual, intellectual, emotional,
psychological and social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty
and other conditions prejudicial to his/her development;

(6) Protect every child from all forms of exploitation and abuse including, but not
limited to:
(1) the use of a child in sexual abuse or exploitation performances and
materials; and

(2) the inducement or coercion of a child to engage or be involved in sexual
abuse or exploitation through whatever means; and

(©) _ Comply with international treaties to which the Philippines is a signatory or a State
party concerning the rights of children which include, but not limited to, the Convention on the
Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child of the Child
on the Sale of Children, Child Prostitution and Child Pornography, the International Labor
Organization (ILO) Convention No.182 on the Elimination of the Worst Forms of Child Labor and
the Convention Against Transnational Organized Crime.

Section 3. Definition of Terms. —

(a) “Child” refers to a person below eighteen (18) years of age or over, but is unable to
fally take care or protect himself of himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

(1) aperson regardless of age who is presented, depicted or portrayed as a child
as defined herein; and


(2) computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as defined herein.

(b) “Sexual abuse or exploitation material” refers to any online or offline
representation, whether visual, audio, or written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated
explicit sexual activities.

In the online platform, sexual abuse or exploitation material shall include visual or audio
or written materials or a combination thereof which is distributed via email, text message, instant
messaging, chat rooms, peer-to-peer file sharing networks, social media platforms, and
unencrypted and encrypted communication apps or traded on password-protected sites, bulletin
boards, and forums.

(©) “Explicit Sexual Activity” includes actual or simulated —
(1) Asto form:

(i) sexual intercourse or lascivious act including, but not limited to,
contact involving genital to genital, oral to genital, anal to genital, or oral to anal,
whether between persons of the same or opposite sex;

(2) _ bestiality;

@) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or
anus; or

(6) _ use of any object or instrument for lascivious acts

(@) “Internet address” refers to a website, bulletin board service, internet chat room or
news group, or any other internet or shared network protocol addres

(©) “Internet cafe or kiosk” refers to an establishment that offers or proposes to offer
services to the public for the use of its computer/s or computer system for the purpose of accessing
the internet, computer games or related services

(“Internet content host” refers to a person who hosts or who proposes to host internet
content in the Philippines.

(8) “Information and Communications Technology Service Provider (ICT SP)” is a
person or entity that captures, transmits, or displays or any combination thereof of voice, image,
text or data and information electronically for the recording, processing, monitoring ot
transmission of voice or data, image or text or any combination thereof for use in data processing,
transmission, duplication, text processing, document reproduction or transmission, record-keeping
or retrieval, broadcasting or transmission for entertainment or information purposes of voice,
image or text or any combination thereof and the provision of services relating to these.

(h) “Grooming” refers to the act of establishing an online or offline relationship, trust
or emotional connection with a child or his or her family, guardian or caregiver for the purpose of
perpetrating sexual abuse or exploitation.

(i) “Luring” refers to the act of communicating, by means of a computer system, with
a child or someone who the offender believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of sexual abuse or exploitation.

() _ “Pandering” refers to the act of offering, advertising, promoting, representing or
distributing through any means any material or purported material that is intended to cause another


to believe that the material or purported material contains any form of child sexual abuse or
exploitation, regardless of the actual content of the material or purported material.

(k) “Person” refers to any natural or juridical entity.

()_— “Sexual Abuse or Exploitation of Children” refers to the production, for the purpose
of publication or transmission, of audio or visual depictions of the sexual abuse or exploitation of
a minor. It includes, among others, online or offline grooming, luring, sexual extortion, real-time
broadcasting or live-streaming or any similar act of sexual abuse or exploitation.

Section 4. Unlawful or Prohibited Acts. — It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce, extort or coerce a child to perform in the
creation or production of any form of sexual abuse or exploitation material;

(b) To produce, direct, manufacture or create any form of child sexual abuse or
exploitation material;

(©) _ To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of sexual abuse or exploitation material;

(4) To possess any form of child sexual abuse or exploitation material with the intent
to sell, distribute, publish, or broadcast: Provided, That possession of more than one (1) child
sexual abuse or exploitation material of the same form shall be prima facie evidence of the intent
to sell, distribute, publish or broadcast;

(©) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;

(Q For film distributors, theaters and telecommunication companies, by themselves or
in cooperation with other entities, to distribute any form of sexual abuse or exploitation material;

(@) Fora parent, legal guardian or person having custody or control of a child to
knowingly permit the child to engage, participate or assist in any form of sexual abuse or
exploitation;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child sexual abuse or exploitation material;

() To willfully access any form of child sexual abuse or exploitation material;

(kK) Toconspire to commit any of the prohibited acts stated in this section. Conspiracy
to commit any form of child sexual abuse or exploitation shall be committed when two (2) or more

persons come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and

() To possess any form of child sexual abuse or exploitation material.

Section 5. Syndicated Child Sexual Abuse or Exploitation — The crime of child sexual
abuse or exploitation is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another and shall be punished under Section
15(a) of this Act.

Section 6. Who May File a Complaint. — Complaints on cases of any form of child sexual
abuse or exploitation and other offenses punishable under this Act may be filed by the following:


(a) Offended party;

(6) Parents or guardians;

(©) Ascendant or collateral relative within the third degree of consanguinity;

(@) Officer, social worker or representative of a licensed child-caring institution;

(©) Officer or social worker of the Department of Social Welfare and Development
(Dswp);

(8 Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;

(At least three (3) concerned responsible citizens residing in the place where the
violation occurred; or

() Any person who has personal knowledge of the circumstances of the commission
of any offense under this Act.

Section 7. Appointment of Special Prosecutors. ~ The Department of Justice (DOJ) shall
appoint or designate special prosecutors to prosecute cases for the violation of this Act.

Section 8. Jurisdiction. — Jurisdiction over cases for the violation of this Act shall be vested
in the Family Court which has territorial jurisdiction over the place where the offense or any of its
essential elements was committed pursuant to Republic Act No. 8369, otherwise known as “Family
Courts Act of 1997”.

Section 9. Duties of an Information and Communications Technology Service Provider
(ICT SP). — All Information and Communications Technology Service Providers (ICT SPs)shall
notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within
seven (7) days from obtaining facts and circumstances that any form of child sexual abuse or
exploitation is being committed using its server or facility. Nothing in this section may be
construed to require an ICT SPs to engage in the monitoring of any user, subscriber or customer,
or the content of any communication of any such person: Provided, That no ICT SP shall be held
civilly liable for damages on account of any notice given in good faith in compliance with this
section.

Furthermore, an ICT SP shall preserve such evidence for purpose of investigation and
prosecution by relevant authorities.

An ICT SP shall, upon the request of proper authorities, furnish the particulars of users
who gained or attempted to gain access to an internet address which contains any form of child
sexual abuse or exploitation.

AILICT SP shall install available technology, program or software to ensure that access to
or transmittal of any form of child sexual abuse or exploitation will be blocked or filtered.

An ICT SP who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15(k) of this Act.

The Department of Information and Communications Technology (DICT) and the National
Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the


effectivity of this Act the necessary rules and regulations for the implementation of this provision
which shall include, among others, the installation of filtering software that will block access to or
transmission of any form of the sexual abuse or exploitation material.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other
Business Establishments. — All mall owners/operators and owners or lessors of other business
establishments shall notify the PNP or the NBI within forty-eight (48) hours from obtaining facts
and circumstances that child sexual abuse or exploitation is being committed in their
premises. Provided, That public display of any form of child sexual abuse or exploitation within
their premises is a conclusive presumption of the knowledge of the mall owners/operators and
owners or lessors of other business establishments of the violation of this Act: Provided,
further, That a disputable presumption of knowledge by mall owners/operators and owners or
lessors of other business establishments should know or reasonably know that a violation of this
Act is being committed in their premises.

Photo developers, information technology professionals, credit card companies and banks
and any person who has direct knowledge of any form of child sexual abuse or exploitation
activities shall have the duty to report any suspected child sexual abuse or exploitation materials
or transactions to the proper authorities within forty-eight (48) hours from discovery thereof.

Any willful and intentional violation of this provision shall be subject to the penalty
provided under Section 15(1) of this Act.

Section 11. Duties of an Internet Content Host. — An internet content host shall
(a) Not host any form of child sexual abuse or exploitation on its internet address;

(b) Within forty-eight (48) hours, report the presence of any form of child sexual abuse
or exploitation, as well as the particulars of the person maintaining, hosting, distributing or in any
manner contributing to such internet address, to the proper authorities; and

(©) __ Preserve such evidence for purposes of investigation and prosecution by relevant
authorities.

An internet content host shall, upon the request of proper authorities, furnish the particulars
of users who gained or attempted to gain access to an internet address that contains any form of
child sexual abuse or exploitation.

An internet content host who shall knowingly, willfully and intentionally violate this
provision shall be subject to the penalty provided under Section 15(j) of this Act: Provided, That
the failure of the internet content host to remove any form of child sexual abuse or exploitation
material within forty-eight (48) hours from receiving the notice that any form of child sexual abuse
or exploitation is hitting its server shall be conclusive evidence of willful and intentional violation
thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. ~The local government unit
(LGU) of the city or municipality where an internet café or kiosk is located shall have the authority
to monitor and regulate the establishment and operation of the same or similar establishments in
order to prevent violation of the provisions of this Act.

Section 13. Confidentiality. — The right to privacy of the child shall be ensured at any stage
of the investigation, prosecution and trial of an offense under this Act. Towards this end, the
following rules shall be observed:

(a) The judge, prosecutor or any officer of the law to whom the complaint has been
referred to may, whenever necessary to ensure a fair and impartial proceeding and after considering


all circumstances for the best interest of the child conduct a closed-door investigation, prosecution
or trial;

(b) The name and personal circumstances of the child, including the child’s immediate
family, or any other information tending to establish his/her identity shall not be disclosed to the
public;

(©) Any record regarding a child shall be confidential and kept under seal. Except upon
written request and order of the court, a record shall be released only to the following:

(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies; and
(6) Other persons as determined by the court.

(@) Any form of child sexual abuse or exploitation that is part of the court records shall
be subject to a protective order that provides as follows:

(1) Any form of child sexual abuse or exploitation material may be viewed only
by the parties, their counsel, their expert witness and guardian ad litem;

(2) Neither form of child sexual abuse or exploitation material nor any portion
thereof shall be divulged to any other person, except as necessary for investigation,
prosecution or trial; and

(3) No person shall be granted access to any form of child sexual abuse or
exploitation material or any part thereof unless he/she signs a written affirmation that
he/she has received and read a copy of the protection order; that he/she submits to the
jurisdiction of the court with respect to the protective order; and that, in case of violation
thereof, he/she will be subject to the contempt power of the court; and

(©) In cases when prosecution or trial is conducted behind closed doors, it shall be
unlawful for any editor, publisher and reporter or columnist in case of printed materials, announcer
or producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing the tri-media facilities or information technology to publish or
broadcast the names of the victims of any case of child sexual abuse or exploitation.

Any violation of this provision shall be subject to the penalty provided for under Section
15(m) of this Act.

Section 14. Care, Custody and Treatment of a Child Victim. -The DSWD shall ensure that
the child who is a victim of any form of child sexual abuse or exploitation is provided appropriate
care, custody and support for their recovery and reintegration in accordance with existing laws.

The child and his family shall be entitled to protection as well as to the rights and benefits
of witnesses under Republic Act No. 6981, otherwise known as “The Witness Protection, Security
and Benefit Act”.

The child shall also be considered as a victim of a violent crime defined under Section 3(d)
of Republic Act No. 7309, otherwise known as “An Act Creating a Board of Claims under the


Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent
Crimes and for Other Purposes”, so that the child may claim compensation therein.

Section 15. Penalties and Sanctions. — The following penalties and sanctions are hereby
established for offenses enumerated in this Act:

(a) Any person found guilty of syndicated child sexual abuse or exploitation as defined
in Section 5 of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than
Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);

(b) _ Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer
the penalty of reclusion temporal in its maximum period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);

(©) __ Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer
the penalty of reclusion temporal in its medium period and a fine of not less than Seven hundred
fifty thousand pesos (Php750,000.00) but not more than One million pesos (Php!,000,000.00);

()__Anyperson found guilty of violating Section 4(g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Seven hundred thousand pesos (Php700,000.00);

(©) Anyperson found guilty of violating Section 4(h) of this Act shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Three hundred thousand pesos
(Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

( Any person found guilty of violating Section 4(1) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine of not less than Three hundred thousand pesos
(php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(eg) Anypperson found guilty of violating Section 4(j) 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 (Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One hundred thousand
pesos (php 100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);

(Any person found guilty of violating Section 4(1) of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);

(Any person found guilty of violating Section 11 of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense.
In the case of a subsequent offense, the penalty shall be a fine not less than Two million pesos
(Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its
license to operate and immediate closure of the establishment;

(k) Any ICT provider found guilty of willfully and knowingly failing to comply with
the notice and installation requirements under Section 9 of this Act shall suffer the penalty of a
fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million
pesos (Php1,000,000.00) for the first offense. In case of subsequent offense, the penalty shall be a
fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) and revocation of its license to operate;


(Any mall owner-operator and owner or lessor of other business establishments
including photo developers, information technology professionals, credit card companies and
banks, found guilty of willfully and knowingly failing to comply with the notice requirements
under Section 10 of this Act shall suffer the penalty of a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense.
In the case of a subsequent offense, the penalty shall be a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its
license to operate and immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. —

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative
within the third degree of consanguinity or affinity or any person having control or moral
ascendancy over the child, the penalty provided herein shall be in its maximum
duration; Provided, That this provision shall not apply to Section 4(g) of this Act;

(b) 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 responsible officer who participated
in the commission of the crime or shall have knowingly permitted or failed to prevent its
commissions;

(©) If the offender is a foreigner, he/she shall be immediately deported after the
complete service of his/her sentence and shall forever be barred from entering the country; and

(4) The penalty provided for in this Act shall be imposed in its maximum duration if
the offender is a public officer or employee.

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in
Child Sexual Abuse or Exploitation. — In addition to the penalty imposed for the violation of this
Act, the court shall order the confiscation and forfeiture in favor of the government of all the
proceeds, tools and instruments used in the commission of the crime, unless they are the property
of a third person not liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender; Provided, further, That if
such properties are insufficient, the deficiency shall be taken from the confiscated and forfeited
proceeds, tools and instruments.

All proceeds derived from the sale of properties used for the commission of any form of
child sexual abuse or exploitation shall accrue to the special account of the DSWD which shall be
used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense have been
destroyed diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent
the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to
pay the amount equal to the value of the proceeds, tools and instruments used in the commission
of the offense.

Section 18, Mandatory Services to Victims of Child Sexual Abuse or Exploitation. — To
ensure recovery, rehabilitation and reintegration into the mainstream of society concerned
government agencies and the LGUs shall make available the following services to victims of any
form of child sexual abuse or exploitation:

(a) Emergency shelter or appropriate housing;


(6) Counselling;

(©) Free legal services, which shall include information about the victim’s rights and
the procedure for filing of complaints, claims for compensation and such other legal remedies
available to them in a language understood by the child;

(Medical or psychological services;
(©) Livelihood and skills training; and
(Educational assistance.

Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the child victims shall adopted and carried out.

Section 19. Programs for Victims of Child Sexual Abuse or Exploitation. The Inter-Agency
Council Against Child Sexual Abuse or Exploitation material created under Section 20 this Act
shall develop and implement the necessary programs that will prevent any form of child sexual
abuse or exploitation, as well as protect, heal and reintegrate the child into the mainstream of
society. Such programs shall include beat but not limited to the following:

(a) Provision of mandatory services including counselling free legal services, medical
or psychological services, livelihood and skills training and educational assistance to the child
pursuant to Section 18 of this Act;

(6) Sponsorship of a national research program on any form of child sexual abuse or
exploitation and other acts covered by the law and the establishment of a data collection system
for monitoring and evaluation purposes;

(©) Provision of necessary technical and material support services to appropriate
government agencies and nongovernmental organizations:

(@) Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe, government, nongovernmental and international organizations;
and

(e) Promotion of information and education campaign.

Section 20. Inter ~ Agency Council against Child Sexual Abuse or Exploitation. — The
Inter-Agency Council against Child Pornography as provided in Section 20 of Republic Act No.
9775 is hereby renamed and reconstituted as Inter — Agency Council against Child Sexual Abuse
or Exploitation. It shall be composed of the Secretary of the DSWD as chairperson and the
following as members:

(a) Secretary of the Department of Justice:
(b) Secretary of the Department of Labor and Employment

(c) Secretary of the Department of Science and Technology

(4) Secretary of the Department of Information and Communications Technology
(©) Chief of the Philippine National Police;

(Commissioner of the National Telecommunications Commission;

(g) Executive Director of the Council for the Welfare of Children;

(h) Executive Director of the Philippine Center for Transnational Crimes;

() Executive Director of the Optical Media Board;

() Director of the National Bureau of Investigation; and

(k) Three (3) representatives from children’s non-governmental organizations.


These representatives shall be nominated by the government agency representatives of the
Council for appointment by the President for a term of three (3) years and may be renewed upon
renomination and reappointment by the Council and the President respectively.

The members of the Council may designate their permanent representatives, who shall have
arank not lower than assistant secretary or its equivalent, to meetings and shall receive emoluments
as may be determined by the Council in accordance with existing budget and accounting rules and
regulations.

The DSWD shall establish the necessary Secretariat for the Council.

Section 21. Functions of the Council. ~ The Council shall have the following powers and
functions:

(a) Formulate comprehensive and integrated plans and programs to prevent and
suppress any form of child sexual abuse or exploitation;

(b) — Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(4) Coordinate the programs and projects of the various members agencies effectively
address the issues and problems attendant to child sexual abuse or exploitation;

(©) Conduct and coordinate massive information disseminations and campaign on the
existence of the law and the various issues and problems attendant to child sexual abuse or
exploitation;

( Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on the action taken;

(g) Assist in the filling of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of victims of child sexual abuse or
exploitation;

() Secure from any department, bureau, office, agency or instrumentality of the
government or from NGOs and other civic organizations such assistance as may be needed to
effectively implement this Act;

() Complement the shared government information system relative to child abuse and
exploitation and ensure that the proper agencies conduct a continuing research and study on the
patterns and schemes of any form of child sexual abuse or exploitation which form basis for policy
formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated and effective response to
cases of child sexual abuse or exploitation;

(). Recommend measures to enhance cooperative efforts and mutual assistance among
foreign countries through bilateral and/or multilateral arrangements to prevent and suppress any
form of child sexual abuse or exploitation;

(m) — Adopt measures and policies to protect the rights and needs of the victims of child
sexual abuse or exploitation who are foreign nationals in the Philippines;


(n) Maintain a database of cases of child sexual abuse or exploitation;

(0) Initiate training programs in identifying and providing the necessary intervention
or assistance to victims of child sexual abuse ot exploitation.

(p) Submit to the President and the Congressional Oversight committee credited herein
the annual report on the policies, plans, programs and activities of the Council relative to the
implementation of this Act; and

(@) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.

Section 22. Child Sexual Abuse or Exploitation as a Transnational Crime. ~ Pursuant to
the Convention on transnational Organized Crime, the DOJ may execute the request of a foreign
state for assistance in the investigation or prosecution of any form of child sexual abuse or
exploitation by: (1) conducting a preliminary investigation against the offender and, if appropriate,
to file the necessary charges in court; (2) giving information needed by the foreign state; and (3)
to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in
the Philippines used in connection with child sexual abuse or exploitation in the
court; Provided, That if the DOJ refuses to act on the request of for delaying the execution
thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose,
be at all times recognized.

Section 23. Extradition. ~ The DOJ, in consultation with the Department of Foreign Affairs
(DFA), shall endeavor to include child sexual abuse or exploitation among extraditable offenses
in future treaties.

Section 24. Congressional Oversight Committee. -There is hereby created a Congressional
Oversight Committee composed of five (5) members from the Senate and five (5) members from
the House of Representatives. The members from the Senate shall be appointed by the Senate
President based on proportional representation of the parties or coalition therein with at least one
(1) member representing the Minority. The members from the House of Representative shall be
appointed by the Speaker, also based on proportional representation of the parties or coalitions
therein with the Chair of the House of Committee on Welfare of Children and at least one (1)
member representing the Minority

The Committee shall be headed by the respective Chairs of the Senate Committee on
Youth, Women and Family relations and the House of Representatives Committee on Justice. The
Secretariat of the Congressional Oversight Committee shall come from the existing Secretariat
personnel of the Committees of the Senate and the House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act,
determine inherent weakness and loopholes in the law. Recommend the necessary remedial
legislator or administrative measures and perform such other duties and functions as may be
necessary to attain the objectives of this Act.

Section 25. Appropriations. — The amount necessary to implement the provisions of the
Anti-Child Sexual Abuse or Exploitation Act and the operationalization of the Inter-Agency
Council Against Child Sexual Abuse or Exploitation shall be included in the annual General
Appropriations Act.

Section 26. Implementing Rules and Regulations. ~ The Inter- Agency Council Against
Child Sexual Abuse or Exploitation shall promulgate the necessary implementing rules and
regulations within ninety (90) days from the effectivity of this Act.

Section 27. Suppletory Application of the Revised Penal Code. ~The Revised penal Code
shall be suppletorily applicable to this Act.


Section 28, 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.

Section 29. Repealing Clause. - All laws, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of this
Act are deemed amended, modified or repealed accordingly.

Section 30. Effectivity. This Act shall effect after fifteen (15) days following its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,