Le ties

Republic of the Philippines / ~
HOUSE OF REPRESENTATIVES |
Quezon City

E ECEIVED ©

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _6923

Introduced by Honorable Michael L. Romero

EXPLANATORY NOTE

In the Republic of the Philippines, the Department of Justice (DOJ) has seen a
significant increase of about 264 percent in the number of cases of online sexual

tion of children (OSEC) in the country in the past three months, or
since the start of the enhanced community quarantine (ECQ).

Data from the National Center for Missing and Exploited Children (NCMEC), the
DOu’s Office of Cybercrime (OC) on Monday (May 25), said that a total of
279,166 cases of internet-related sexual exploitation of children have been
reported starting March 2020.

Most of the cases include possession, manufacture, and distribution of child
pornography; online enticement of children for sexual acts; child sex trafficking;
sex tourism involving children; extra-familial child sexual molestatio
unsolicited obscene material sent to a child; and misleading words or digital
images on the internet.

‘The latest figure, the DOJ bared, is about three times higher than 2019, when it
was 76,561 cases.

This House Bill seeks to prevent, respond and end the Online Sexual
Exploitation of Children.

Thus,she np cya oe bill is earnestly requested.

MIC] L. ROMERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6923

Introduced by Honorable Michael L. Romero

AN ACT

PROHIBITING ALL FORMS OF ONLINE SEXUAL EXPLOITATION OF
CHILDREN, PROVIDING FOR STIFFER PENALTIES AND
SANCTIONS, AND FOR OTHER PURPOSES

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

SECTION 1.  TITLE-This Act shall be known as the “Online Sexual
Exploitation of Children Act of 2020”

SECTION 2. DECLARATION OF POLICY - It is hereby a declared
policy of the State to give value to the dignity of children and shall ensure full
respect for their human rights.

The State is also cognizant to protect the family and its members
particularly children, from violence, exploitation and threats to their personal
safety and security.

The State shall employ all efforts to address Online Sexual Exploitation
committed against children in keeping with the fundamental freedoms
guaranteed under the Constitution and the Provisions of the Universal
Declaration of Human Rights, Convention on the Rights of the Child and other
international human rights instruments.

SECTION 3. DEFINITION OF TERMS. - The following terms, as
used in this Act, shall mean:


{a) “Act” refers to the “Online Sexual Exploitation of Children Act of

2020";

(b) “Child” refers to any person under the age of 18 years

(c) ‘Internet and communication technologies providers,” abbreviated
as “ICT,” refers primarily to private entities such as internet service
providers, social media applications and their corresponding
development companies, and social media networks and their
corresponding development companies

(d) “Online child sexual exploitation and abuse material” refers to
materials (inclusive but not limited to images, video files, audio files,
or other potential forms of recording) that sexualizes children
and/or depicts acts of sexual abuse and/or focusing on the genitalia
of the child. This material is exchanged, circulated, bought, and/or
sold online. This notion encompasses, but is not limited to:

(i) Audio files, images, video files containing the sexual
exploitation and/or abuse of a child/children

(ii) Groups formed with the intent of disseminating, exchanging,
bartering, selling, and/or buying child sexual exploitation and
abuse, which are facilitated by social media applications and
networks;

(iii) Livestreaming, which refers to the online recording of sexual
exploitation and/or abuse towards children via audio and/or
video and broadcast in real time;

(iv) Solicitation of children for sexual purposes using an online
environment at some stage; and

(v) Social media posts referring to bartering, exchange, sale,
and/or the intent to buy physical and/or online materials
containing the sexual exploitation and/or abuse towards
children

{e) ‘Online Sexual Exploitation of Children,” abbreviated as “OSEC,”

refers to all acts of a sexually exploitative and abusive nature against
a child that have, at some stage, a connection to the online
environment such as through the use of the Internet and social
media applications. This includes any use of ICT, resulting in sexual
exploitation or causing a child to be sexually exploited or results in
or causes images or other material documenting such sexual
exploitation to be produced, bought, sold, possessed, distributed, or
transmitted. This notion encompasses, but is not limited to:

(i) sexual exploitation carried out while the victim is online (such
as enticing/manipulating/ threatening a child into performing
sexual acts in front of a webcam);

(ii) identification and/or solicitation of children for sexual
purposes (whether the intended sexual abuse acts to follow
are carried out online or offline)

(ii) distribution, dissemination, importing, exporting, offering,
selling, bartering, possession of, online convening to access


child sexual exploitation and abuse material, or knowing
obtaining access to child sexual exploitation material online
(even if the sexual abuse that is depicted in the material was
carried out offline)

() “Sexual extortion of children” refers to the act of extorting children
for sexual favors, money, or other coercive acts under threat of
exposure to others of the material that depicts them

(g) “Solicitation of children for sexual purposes” refers to the act of
building a relationship with a child either in person or through the
use of the Internet or other digital technologies to persuade the child
to have a sexual relationship, either online or offline

SECTION 4. INTER-AGENCY COUNCIL ON ONLINE SEXUAL
EXPLOITATION AGAINST CHILDREN (IAC-OSEC). In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on
Online Sexual Exploitation Against children, hereinafter known as the Council,
which shall be composed of the following agencies:

{a) Department of Social Welfare and Development (DSWD);
(b) Civil Service Commission (CSC);

{e) Commission on Human Rights (CHR)

(4) Council for the Welfare of Children (CWC);

{e) Department of Justice (DOJ);

(f) Department of the Interior and Local Government (DILG);
{g) Philippine National Police (PNP);

(h) Department of Health (DOH);

(i) Department of Education (DepEd); and

6) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate
Online Sexual Exploitation of Children based on their mandates as well as develop
capability programs for their employees to become more sensitive to the needs of
their clients. These programs and projects will cater to the needs of combating
OSEC at the barangay, LGU, regional, and national level.

The Council will also serve as the monitoring body as regards to OSEC
initiatives.
The Council members may designate their duly authorized representative

who shall have a rank not lower than an assistant secretary or its equivalent.
These representatives shall attend Council meetings on their behalf, and shall


receive compensations as may be determined by the Council in accordance with
existing budget and accounting rules and regulations.

SECTION 5. MANDATORY PROGRAMS AND SERVICES FOR THE
VICTIMS OF ONLINE SEXUAL EXPLOITATION OF CHILDREN. - The DSWD,
and LGU's shall provide the victims of Online Sexual Exploitation of children
temporary shelters, provide counseling, psycho-social services and recovery,
rehabilitation programs financial assistance.

The DOH shall provide medical assistance to the victims of Online sexual
exploitation of children. Current social and welfare programs for victims of online
sexual exploitation of children will be strengthened through the assistance of the
IAC-OSEC, for the purpose of a unified inter-agency response in protecting the
victims.

SECTION 6. EDUCATIONAL AND —AWARENESS-BUILDING
PROGRAMS ON COMBATING THE ONLINE SEXUAL EXPLOITATION OF
CHILDREN - The IAC-OSEC is tasked to coordinate with barangay, LGU,
regional, and the national government for awareness-building programs against
the online sexual exploitation of children at the family level, community level,
and These programs intend to provide government units at all levels with the
tools to address the online scxual exploitation of children, educate families

against

SECTION 7. TRAINING OF PERSONS INVOLVED IN RESPONDING
TO ONLINE SEXUAL EXPLOITATION OF CHILDREN CASES. - All agencies
involved in responding to victims of Online Sexual Exploitation of children cases
shall be required to undergo education and training to acquaint them with:

a. The nature, extend and causes of Online sexual
exploitation against children;

b. The legal rights of, and remedies available to, victims of
Online sexual exploitation against children;

ce. The services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest
and to offer protection and assistance; and

e. Techniques for handling incidents of Online sexual
exploitation against children that minimize the likelihood of injury
to the officer and promote the safety of the victim or survivor.


The PNP, in coordination with LGU’s shall establish an education and
training program for police officers and barangay officials to enable them to
properly handle cases of Online sexual exploitation of children.

SECTION 8. CONFIDENTIALITY. - All records pertaining to cases of
Online Sexual Exploitation of children, including those in the barangay shall be
confidential and all public officers and employees and public or private clinics to
hospitals shall respect the right to privacy of the victim.

Whoever publishes or causes to be published, in any format, the name,
address, telephone number, school, business address, employer, or other
identifying information of a victim or an immediate family member, without the
latter's consent, shall be liable to the contempt power of the court.

SECTION 9. VENUE. - The Regional Trial Court designated as a
Family Court shall have original and exclusive jurisdiction over cases of Online
sexual exploitation against children under this Act.

In the absence of such court in the place where the offense was committed,
the case shall be filed in the Regional Trial Court where the crime or any of its
elements was committed at the option of the compliant.

SECTION 10. PROTECTION ORDERS. - A protection order is an order
issued under this act for the purpose of preventing further acts of Online sexual
exploitation of children and granting other necessary relief.

The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and ability of the victim to
independently regain control over their life.

The provisions of the protection order shall be enforced by law enforcement
agencies. The protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued
under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit
or committing, personally or through another, any of the acts;

{b) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with the
petitioner, directly or indirectly:

{c) Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership of the residence,


either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if
respondent must remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from the
residence;

{d) Directing the respondent to stay away from petitioner and
designated family or household member at a distance specified by
the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner and
any designated family or household member;

(e) Directing lawful possession and use by petitioner of an
automobile and other essential personal effects, regardless of
ownership, and directing the appropriate law enforcement officer to
accompany the petitioner to the residence of the parties to ensure
that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise the
petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a
child/children to the petitioner;

(g) Directing the respondent to provide support to the woman
and/or her child if entitled to legal support. Notwithstanding other
laws to the contrary, the court shall order an appropriate percentage
of the income or salary of the respondent to be withheld regularly by
the respondent's employer for the same to be automatically remitted
directly to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child without
justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;

{h) Prohibition of the respondent from any use or possession
of any firearm or deadly weapon and order him to surrender the
same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent,
the court shall order the offender to surrender his firearm and shall
direct the appropriate authority to investigate on the offender and
take appropriate action on matter;

(i) Restitution for actual damages caused by the violence
inflicted, including, but not limited to, property damage, medical
expenses, childcare expenses and loss of income;


) Directing the DSWD or any appropriate agency to provide
petitioner may need; and

(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the petitioner and
anv designated family or household member, provided petitioner
and anv designated family or household member consents to such
relief.

‘The issuance of a BPO or the pendency of an application for BPO shall
not preclude a petitioner from applying for, or the court from granting a TPO or
PPO.

Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 (Contempt) of the Rules
of Court, without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.

SECTION 11. APPLICABILITY OF PROTECTION ORDERS TO
CRIMINAL CASES. - The foregoing provisions on protection orders shall be
applicable in impliedly instituted with the criminal actions involving Online
sexual exploitation of children.

SECTION 12. PUBLIC CRIME. - Online sexual exploitation of children
shall be considered a public offense which may be prosecuted upon the filing of
a complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.

SECTION 13. HEALTHCARE PROVIDER RESPONSE - Any
healthcare provider, including, but not limited to, an attending physician, nurse,
clinician, barangay health worker, therapist or counselor who suspects Violation
or has been informed by the victim of Online sexual exploitation of children shall:

{a) properly document any of the victim's physical, emotional
or psychological injuries;

(b) properly record any of victim's suspicions, observations
and circumstances of the examination or visit;

{c) automatically provide the victim free of charge a medical
certificate concerning the examination or visit;

(a) safeguard the records and make them available to the
victim upon request at actual cost; and


fe) provide the victim immediate and adequate notice of rights
and remedies provided under this Act. and services available to
them.

SECTION 14. DUTIES OF OTHER GOVERNMENT AGENCIES AND
LGUs - Other government agencies and LGUs shall establish programs such as,
but not limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to
ensure the sustained education and training of their officers and personnel on
the prevention of Online sexual exploitation of children under this Act.

SECTION 15. RIGHTS OF VICTIMS. In addition to their rights
under existing laws, victims of Online sexual exploitation of children shall have
the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department
of Justice (DOJ) or any public legal assistance office;

(c) To be entitled to support services form the DSWD and
LGUs’;

(d) To be entitled to all legal remedies and support as provided
for under the Family Code; and

(e) To be informed of their rights and the services available to
them including their right to apply for a protection order.

SECTION 16. DAMAGES. - Any victim of Online sexual exploitation of
children under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.

SECTION 17. PENALTIES AND SANCTIONS - Any person/entity that
violates this Act, shall suffer the minimum penalty of Three (3) years
imprisonment and a fine of not less than Five Hundred Thousand pesos
{P500,000.00).

The offender shall also undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court


SECTION 18. FUNDING - The amount necessary to implement the
provisions of this Act shall be included in the annual General Appropriations Act

(GAA).

The Development Budget of all the mandated agencies and LGU's shall be
used to implement the services and facilities for the victims of Online Sexual
Exploitation of children. LU

SECTION 19. TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given
six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.

SECTION 20. SUPPLETORY APPLICATION - For purposes of this
Act, the Revised Penal Code and other applicable laws, shall have suppletory
application.

SECTION 21. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.

SECTION 22. REPEALING CLAUSE. - Ali laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 23. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

SECTION 24. EFFECTIVITY CLAUSE. - This Act shall take effect

after fifteen (15) days from its publication in the Official Gazette or in at least two
(2) national newspapers of general circulation whichever comes earlier.

Approved,