Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

HOUSE BILL NO. __ 38053

Introduced by REP. SALVADOR H. ESCUDERO IIL

EXPLANATORY NOTE

Everyday, hundreds of children access the internet and other interactive entertainment
products. This poses an actual danger to the children as they are inevitably exposed to the
harmful material contained therein such as pornography and violence.

In view of this, the attached bill provides the parents the means to protect their
children from harmful material by allowing the parent, or the legal guardian of the minor, to
sue any person who knowingly sells or distributes a material deemed harmful to minors.

Consequently, this bill aims to deter any unscrupulous person from engaging in a
business of selling or distributing products containing harmful material to minors from selling
the same to minors.

Accordingly, the approval of this bill is earnestly sought.

ZZ
SALVADOR H. ESCUDERO III

Representative
1* District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

House BiLLNo.__ 3953

Introduced by REP. SALVADOR H. ESCUDERO IIL

AN ACT
TO PROVIDE A CIVIL ACTION FOR A MINOR INJURED BY EXPOSURE TO AN
ENTERTAINMENT PRODUCT CONTAINING MATERIAL THAT IS HARMFUL
TO MINORS

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

SECTION 1. Title. - This Act shall be known and cited as the "Parents' Empowerment
Act"

SEC. 2. Civil Action For A Minor Injured By Exposure To An Entertainment Product
Containing Material That Is Harmful To Minors. - A minor, through a person duly authorized
to act on behalf of the minor may, in a civil action obtain relief against any person, natural or
juridical, who knowingly sells, shows or distributes an entertainment product containing
material that is harmful to minors, if

(1) reasonable person would expect a substantial number of minors to be
exposed to the material; and

(2) the minor as a result of exposure to that material is likely to suffer personal
or emotional injury or injury to mental or moral welfare.

SEC. 3. Relief. - If the minor is the prevailing party:

(J) the minor shall recover compensatory damages of not less than P10,000 for
each instance of any such material in any such product to which such minor was so
exposed;

(2) the minor may recover exemplary damages;

(3) the court, in its discretion, may allow the minor a reasonable attorney's fee
(including expert fees) as part of the costs; and

(4) the court may order any other appropriate relief.

SEC. 4. Affirmative Defense. - It is an affirmative defense to an action under this
section that a parent or guardian of the minor owned or possessed the entertainment product


containing the material to which the minor was exposed, and an act of that parent or guardian
was the proximate cause of the minor's exposure to that material.

SEC. 5. Definition of terms. -

1, "Entertainment Product" means a picture, photograph, image, graphic image file,
drawing, video game, motion picture film, or similar visual representation or image, book,
pamphlet, magazine, printed matter, or sound recording,

2. "Material that is harmful to minors" means any pornographic communication,
picture, image, graphic image file, article, recording, writing, or other pornographic matter of
any kind that is obscene or that, taken as a whole, lacks serious literary, artistic, political, and
scientific value for minors sufficient to overcome the pernicious effect of that material,

3. "Minor" means an individual under the age of 18.

SEC. 6. Separability Clause. - In the event that any provision or part of this Act shall
be declared unconstitutional by the courts, the remaining provisions shall remain valid and in
full force and effect.

SEC. 7. Repealing Clause. - All laws, orders, rules and regulations or part thereof
inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

SEC. 8. Date of Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier

Approved,