Republic of the Philippines
HOUSE OF REPRESENTATIVES /
Quezon City i

SIXTEENTH CONGRESS
First Regular Session

House Bill No,__ 3044

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROHIBITING THE DEMONSTRATION, PERFORMANCE OR EXHIBITION IN
PUBLIC OF CERTAIN SEXUAL ACTS, AND THE PRODUCTION, IMPORTATION,
SALE OR DISTRIBUTION, OR PUBLIC SHOWING OR DISPLAY OF
PORNOGRAPHIC MATERIALS, PROVIDING PENALTIES THEREFOR AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

Lewd and pornographic entertainment in various media including the internet,
movies, magazines, comics, and nightclub entertainment are currently in an upswing
Easy access via the world wide web to pornographic sites, films that brazenly display
sexual acts and establishments with seductive acts be it in nightclubs or girlie bars, only
encounter token censorship hurdles. Still some unscrupulous producers of such acts
justify by citing artistic integrity which is really flimsy and in this case, unconvincing.

Such scandalous exhibitions only sensationalize the decline of national morality
and the corruption of our citizens, particularly the youth. Unabated, this will expedite the
deterioration of our society's ethics and values. It is imperative, therefore, to address
this problem which presently enjoys mileage on television and other popular media.

Past government efforts against pornography was lacking due to its sole
dependence on personalities exercising censorship functions and their interpretation of
what their duties and responsibilities were as guardians of the country’s moral fiber.
Despite their unwavering commitment and display of bravado, their efforts have been
hampered by the lack of a comprehensive anti-obscenity and pornography law.


We, as responsible parents and citizens, have the primordial duty to be vigilant
against the onslaught of such obscene and pornographic materials in the presence of
our children. This bill is being proposed, in all its humility, to prohibit the public
demonstration of sexual acts, the sale and display of materials containing pornographic
exhibitions and provides the corresponding penalties in case of violations.

In view of the proposed measure’s importance, its early passage into law is
earnestly requested.

DIOSDAD¢ A AL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No,_ 3044

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROHIBITING THE DEMONSTRATION, PERFORMANCE OR EXHIBITION IN
PUBLIC OF CERTAIN SEXUAL ACTS, AND THE PRODUCTION, IMPORTATION,
SALE OR DISTRIBUTION, OR PUBLIC SHOWING OR DISPLAY OF
PORNOGRAPHIC MATERIALS, PROVIDING PENALTIES THEREFOR 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-Obscenity Act of
2013."

SECTION 2. Coverage. — It shall be unlawful for any person to perform, exhibit or
demonstrate in public, before an audience, or in the presence of another person who is
not a participant therein, any of the following acts:

1. coitus
2. sexually deviant acts
a. buggery
i. sodomy
ii. bestiality
ili. pederastia
b. algolagnia
i, sadism or active algolagnia
ii. masochism or passive algolagnia


¢. necrophilism

d. fellatio or irrumation
e. cunnilingus

f. anilingus

g. urolagnia

h. coprophilia

i, masturbation

SECTION 3. Penalties. — The penalty of imprisonment of a minimum of one (1)
year and one day to a maximum of six (6) years, or a fine ranging from Ten Thousand
Pesos (P10,000.00) to Sixty Thousand Pesos (P60,000.00) shall be imposed on the
demonstrator, performer, actor or exhibitor in any demonstration, performance, or
exhibition involving any sexual acts enumerated in the preceding section; Provided,
That the penalty of imprisonment from six (6) months and One Thousand Pesos
(P1,000.00) to Ten Thousand Pesos (P10,000.00) shall be imposed on the offender of
anilingus, urolagnia, coprophili, or masturbation; Provided, Further, That in case the
demonstrator, performer, actor or exhibitor is below eighteen (18) years of age, he or
she shall be considered as offended party pursuant to the provisions of Republic Act
No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act", and shall be placed immediately under protective
custody as provided for in Section 28 thereof.

SECTION 4. Provided Acts and Materials. - Any person who shall portray,
depict, or present any of the sexual acts enumerated in Section 2 of this Act over the
internet, in pictures or in writings, motion pictures, video tapes, tabloids, comics,
pamphlets, newspapers, magazines, books, posters, cards, calendars, decals, stickers,
paintings or photographs shown, displayed, sold or distributed in public, or in any place
of public accommodation, shall be punished as follows:

1. If the offender is the producer, financier, promoter, importer, author or writer,
publisher, editor or painter of any of the materials hereinabove described, he
shall be punished by imprisonment of from one (1) year and one (1) day to six (6)
years and a fine ranging from One Hundred Thousand Pesos (P100,000.00) to
‘Two Hundred Thousand Pesos (P200,000.00).

2. The penalty of imprisonment of from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten Thousand Pesos (P10,000.00) to Sixty
Thousand Pesos (P60,000.00) shall be imposed on any person who shall
knowingly display, sell or distribute any of the materials described in the first
paragraph hereof. This section shall not apply if the portrayal, depiction,
tepresentation, or description has legitimate judicial, educational, scientific,
medical or otherwise official purpose.

SECTION 5. Owner, Lessee, and Maintainer. — The penalty of imprisonment

from one (1) year and one (1) day to six (6) years or a fine ranging from Ten Thousand
Pesos (P10,000.00) to Sixty Thousand Pesos (P60,000.00) shall be imposed on the

2


owner, lessee, maintainer of any establishment who shall knowingly allow the
commission therein of any unlawful acts enumerated in Sections 2 and 4 of this Act.

SECTION 6. Common Provisions. - The following provisions shall apply to
Sections 3, 4, and 5 of this Act.

1. The penalty shall be imposed in its maximum if the offender is a public officer
or employee. He shall also suffer perpetual disqualification from holding public
office.

2. The penalty shall likewise be imposed in its maximum if the offender has been
previously convicted under this Act.

3. If the offender is a corporation, partnership or association, the officer thereof
shall suffer the penalty of imprisonment, and its business license or permit shall
be withdrawn, cancelled or forfeited.

SECTION 7. Disposition of Prohibited Materials. - Any prohibited materials
including tools, instruments and equipment used in the production thereof shall, after
lawful seizure and final conviction of the offender or offenders, be forfeited in favor of
the Government and destroyed in the presence of the representatives of the
Department of Social Welfare and Development and of religious, civic and youth
organizations, in such place and manner as the court may order; Provided, However,
That where the accused is acquitted, the materials seized shall nevertheless be
forfeited in favor of the Government and destroyed; Provided, Further, That if the
acquittal results from a finding that the materials seized are not obscene under this Act,
the materials shall be returned to the said accused.

SECTION 8. Repealing Clause. — Article 201 of the Revised Penal Code, as
amended, is hereby further amended by deleting subparagraphs numbered 2 and 3
thereof. Presidential Decree No. 969 is hereby amended by deleting Section 2 thereof.

SECTION 9. Effectivity. - This Act shall take effect after fifteen (15) days

following its complete publication in Official Gazette or in at least two (2) national
newspapers of general circulation in the Philippines.

Approved,