Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Nineteenth Congress
First Regular Session

0. 2362

HOUSE BIL

Introduced by Hon. Charisse Anne C. Hernandez

EXPLANATORY NOTE

Everything is now online— including sexual predators, pedophiles, and perverts.

And the most vulnerable members of the society who are often online are the children.
Cyberspace gave these sexual predators an easier and wider platform to access children from
any part of the world, including the Philippines.

Based on a study by the United Nations International Children’s Education Fund
(UNICEF) in 2016, Philippines has become the global epicenter of live stream sexual abuse.
UNICEF's findings showed that 80% (8 out of 10) of children in the Philippines are vulnerable
to being victims of online sexual abuse or bullying. It was also found that 2.5% of children in
the country have had their nude bodies or sexual activities shown on the Internet or on a
cellphone. !

1am a parent and to say that this is alarming is an understatement.
Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009” was promulgated
13 years ago. The internet has drastically changed our lives since then, more so the

consummation of crimes.

It is the policy of the State to provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation and discrimination and other conditions —~ be it online.

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

' World Hope International, OSEC: A Modern Face of Human Trafficking (2020) 1


CHARISSE ANNE C. HERNANDEZ

Representative
Lone District, Calamba City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

Nineteenth Congress
First Regular Session

HOUSE BILLNO._2362

AN ACT
DEFINING THE CRIME OF CHILD PORNOGRAPHY AND ONLINE SEXUAL
EXPLOITATION, AMENDING 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 “Amti-Child Pornography
and Online Sexual Exploitation Act of 2020.”

See. 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,

(b) Protect every child from all forms of pornography and online sexual exploitation
including, but not limited to:
(J) the use of a child in pornographic performances and materials; and


(2) the inducement or coercion of a child to engage or be involved in child

pornography or online sexual exploitation through whatever means;

(3) pretend, depict, or portray a child for the purpose of pornography,
sexual objectification and online sexual exploitation; and

(c) 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.

See 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to
fully take care 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) a person 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) "Explicit Sexual Activity" includes actual or simulated -

(1) As to 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,

(3) masturbation;


(4) sadistic or masochistic abuse;
G)

anus; or

ccivious exhibition of the genitals, buttocks, breasts, pubic area and/or

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

(c) "Internet address” refers to a website, bulletin board service, internet chat room or

news group, or any other internet or shared network protocol address.

(d) “Internet cafe or kiosk" refers to an establishment that offers or proposcs 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,

(c) "Internet content host" refers to a person who hosts or who proposes to host internet
content in the Philippines.

(D “Information and Communications Technology service provider (ICT SP)" is
person or entity that captures, transmits, or displays or any combination thereof of
voice, image text or data and information electronically for recording, processing,
monitoring or transmission of voice or data, image or text or any combination thercof 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 any combination thereat

and the provision of services relating to these.

(g) "Grooming" refers to the act of preparing a child or someone who the offender

believes to be a child for sexual activity or sexual relationship by communicating any form of
child pornography or sexual exploitation material. It includes online enticement or

enticement through any other means.

(h) "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 child pornography or sexual

tion material,

exploit


(i) "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
pornography or sexual exploitation material, regardicss of the actual content of the material

or purported material

(i) "Person" refers to any natural or juridical entity

(k) “Child pornography and 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 sexual objectification of a child,

or 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 ora combination thereof which is distributed vie email, text messaze,
instant messaging, chat rooms, peer-to-peer file sharing networks, social media platforms, and
unencrypted communication apps or traded on password-protected sites, bulletin boards, and
forums

() “Sexual objectification” refers to any act of treating a child as

an object of sexual desire.

See 4, Unlawful or Prohibited Acts, - it shall be untawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation

or production of any form of ehitd pornography or sexual exploitation material:

(b) To produce, direct, manufacture or create any form of child pornography or sexual

exploitation material;

(c) To publish offer, transmit, sell, distribute, broadcast, adveruse, promote, export or

import any form of child pornography or sexual exploitation material;

(d) 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


pornography or sexual exploitation material of the same form shall be prima facie evidence
of the intent to sell, distribute, publish or broadcast;

{e) 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;

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

(g) For a 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 solicit online sex or any act that constitutes child pornography or sexual

exploitation;

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

(j) To engage in pandering of any form of child pornography or sexual exploitation

material;

(k) To willfully access any form of child pornography or sexual exploitation

material;

()) To conspire to commit any of the prohibited acts stated in this section. Conspiracy
to commit any form of child pornography or sexual 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:

(m) To possess any form of child pornography and sexual exploitation material.

Sec 5. Syndicated Child Pornography or Online Sexual Exploitation - The crime of
child pornography and online sexual exploitation 1s 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.

See 6, Who May File a Complaint, - Complaints on cases of any form of child sexual
abuse and exploitation material and other offenses punishable under this Act may be filed
by the following

(a) Offended party;

(b) Parents or guardians;

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

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

(e) Officer or social worker of the Department of Social Welfare and Development
(DSWD);

(8) Local social welfare development officer,

(g) Barangay chairman;

(h) Any law enforcement officer,

(i) At least three (3) concerned responsible citizens residing in the place where the

violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the commission of
amy offense umder this Act

See 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.

See 8. Jurisdiction. - Jurisdiction over eases for the violation of this Act shail 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"

See 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
(NBD) within sever (7) days from obtaining facts and circumstances drat any Form of ebite
pornography and online sexual exploitation is being committed using its server or facility.
Nothing in this section may be construed to require an ICT SP 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. ant KF SP-shalt preserve suct evidence for purpose of investigation ame
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

pornography and sexual exploitation material.

AILICT SP shall install available technology, program or software to ensure that access
to or transmittal of any form of child pornography and sexual exploitation material 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 wilt
block access to or transmission of any form of the child pornography and online sexual

explo


Sec 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 pornography and sexwal exploitation material 1s being
committed in their premises. Provided, That public display of any form of child pornography
and sexual exploitation material within their premises is a conclusive presumption of the
knowledge of the mail ownersoperators and owners or lessurs 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 pornography and online
sexual exploitation activities shall have the duty to report any suspected child pornography
and sexual exploitation matenals or transactions to the proper authorities within forty-eight
(48) hours from discovery thereof.

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

See 11. Duties of an Internet Content Host. - An internet content host shall:

(a) Not host any form of child pornography and online sexual exploitation on its

internet address;

(b)Within forty-eight (48) hours, report the presence of any form of ehild
pornography and sexual 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, amd:

(c)Preserve such evidence for purposes of investigation and prosecution by relevant

authorities.

infemet 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 pornography and online sexual 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 pornography and
sexual exploitation material within forty-eight (48) hours from receiving the notice that any
form of child pornography and sexual exploitation material is hitting its server shall be

conclusive evidence of willful and intentional violation thereof.

Sec 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 fo prevent violation of the provisions of this Act
Sec 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage
of the investigation, prosecution and trial of am 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

reterred to may, whenever necessary to € after

@ a fair and impartial proceeding

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;

(c) 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 siaff for adminiciratve nse:

(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.

(a) Any form of child pornography and online sexual exploitation | that is part of

the comrt records shall he subject to 9 protective order that provides as follows

(1) Any form of child pornography and online sexual exploitation may be
viewed only by the parties, their counsel. their expert witness iam werardian ad litem:

(2) Neither form of child pornography and sexual 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 pornography and
sexual 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 gunisdiction of the conrt 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

(e) In cases when prosecution or trial is conducted beltimd closed doors, it shalt 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 publich or hroadeast the names of the vietime of any case of child pornography and online

sexual exploitation.

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

See 14, Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that

the child who is a vichm af any form of child pornagraphy and ontine sevual 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 9s well as to the nights 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”, 60 that the ol

Sec15. 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 pornography and online sexual
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 (PhpS,0011,000,00),

(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 miffiorr
pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer

the penalty of rechision temporal in its medinm period and a fine of not less than Seven hundred

fifty thousand pesos (Php750,000.00) but not more than One million pesos (Php1,000,000.00);
(d) Any person 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);

(e) Any person f

4 guilty of violating Section 4(h} of this Act shall

fer 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);

(g) Any person 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 (php100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);

(i) 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);

(j) 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
Nh

offense, | bs

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,

off

he penalty shall be a fine not less than Two million

(k) Any ISP 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. Tn 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;

(1) 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
und

Section 10 of this Act shall suffer the penalty of 2 fine of not less thy

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 f 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 anda fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00)

Sec 16. Common Penal Provisions. -

{0} IF the

is 9 parent,

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:

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

See 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in
Child Pornography and Sexual 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 foribited proceeds, fools and instruments


All proceeds derived from the sale of properties used for the commission of any form
of child pornography and online sexual 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.

See 18, Mandatory Services to Victims of Child Pornography and Online Sexual
Exploitation. - To ensure recovery, rehabilitation and reintegration into the mainstream of
society concerned government agencies and the LGUs shall make available the following

services te victims of any form of ehild pornography and onl 1 exploitation

material:

(a) Emergency shelter or appropriate housing:

(b) Counseling:

(c) 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;

(d) Medical or psychological services.

(e) Livelihood and skills training; and

(f) Educational assistance.

Sustained supervision and follow through mechanicm that will track the progress af recovery,

rehabilitation and reintegration of the child victims shall adopted and carried out.

See 19. Programs for Victims of Chikt Pornography and Ontine Sexuat
Exploitation. The Inter-Agency Council Against Child Pornography created under Section 20


of 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 counseling free legal services, medical
or psychological services, livelihood and skills training and educational assistance to the child
pursuant to Section 18 of this Act;

(b) Sponsorship of a national research program on any form of child pornography and
online sexual exploitation and other acts covered by the law and the establishment of a data

collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate

government agencies and nongovernmental organizations:

(A) Sponsorship af conferences and seminars to provide venue for cansensns building
amongst the public, the academe , government, nongovernmental and_ international

organizations and

(¢) Promotion of information and education campaign.

Sec 20. Inter - Agency Council against Child Pornography and Online Sexual
Fxploitation - 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 Pornography and Online Sexual 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) Chairperson of the Department of Information and Communications Technology;

(e) 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;


(i) Executive Director of the Optical Media Board;
(j) Director of the National Bureau of Investigation; and
(k) Three (3) representatives from children’s nongovernmental 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 mat designate their permanent representatives, who shall
have a rank 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 rales and regulations

The DSWD shall establish the necessary Secretariat for the Council.

Sec 21. Functions of the Council. - The Council shall have the following powers and

functions:

(9) Formulate comprehensive and integrated plane and programs to prevent and

suppress any form of child pornography and online sexual 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,

(d) Coordinate the programs and projects of the various members agencies effectively
address the issues and problems attendant to child pornography and online sexual

exploitation;

(e) Conduct and coordinate massive information disseminations and campaign on the
existence of the law and the various issues and problems attendant to child pornography and

online sexual exploitation;


(f) 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) Formutate « program for the reintegration of victims of chil pornography: and
online sexual exploitation;

(i) Secure from any department, bureau, office, agency or instrumentality of the

government or from NGOs and other civic organizations such assistance as may he needed to

effectively implement this Act;

Gj) Complement the shared government information systen 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 pornography and online sexual 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 pornography and online sexual exploitation;

(1) Recommend meacnres tn enhance canperative efforts and muna assistance among
foreign countries through bilateral and/or multilateral arrangements to prevent and suppress

any form of child pornography and online sexual exploitation;

(m) Adopt measures and policies to protect the rights and needs of the victims of child
pornography and online sexual exploitation who are foreign nationals in the Philippines,

(n) maintain a darahace of caces of child pornography and

(0) Initiate training programs in identifying and providing the necessary intervention or
assistance to victims of chitd pornography and online sexat 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

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

See 77. Child Pornography and Online Sevual Fyplaitation as 3 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 pornography and online sexuat 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 el

pornography and a

1@ sexual evploita)

in the co

Provided, That if the
DOS 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,

See 23, Extradition, - The DOJ, in consultation with the Department of Foreign Affairs
(DFA), shall endeavor to include child pornography and online sexual exploitation among
extraditable offenses in future treaties.

Sec 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 hased 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 fystioe

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 Commitioe shall monitor and encure 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.

Sec 25. Appropriations. - The amount necessary to implement the provisions of the
Anti-Child Pornography and Online Sexual Exploitation and the operationalization of the
Inter-Agency Council Against Child Pornography and Online Sexual Exploitation shall

be included in the annnal General Appropriations Act

Sec 26, Implementing Rules and Regulations. - The Inter-Agency Council Against
Child Pornography and Online Sexual Expluitation shall promulgate the nevessary
implementing rules and regulations within ninety (90) days from the effectivity of this Act.

Sec 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code

shall he suppletorily applicable 1 this Act

Sec 28. Separability Clause. - If any part of this Act is declared unconstitutional or
invalid, the other provisions not affected thereby shall continue (o be in full force and effect

See 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.

Sec 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,