FOURTEENTH CONGRESS 
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First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE BILL N O . 2 @  ~
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V
€W: 
Introduced by Senator M. A. Madrigal 
EXPLANATORY NOTE 
It is the policy of the State to promote and protect the physical, moral, 
spiritual, intellectual and social well-being of our children. Article XV, Section 3.2 
of the Philippine Constitution expressly recognizes ”the right of children to 
assistance, including . . . special profection from all forms of neglect, abuse, 
cruelty, exploitation and other conditions prejudicial to their development.” 
However, such constitutional guarantee flies in the face of the rapid spread 
of one of the worst forms of child exploitation today - child pornography. The 
Philippines is now regarded as ;he second largest producer of child pornographic 
materials in the world, which has become a multi-million dollar industry that 
parallels the meteoric rise of the Internet. 
In a country where it is not unknown for poor parents to sell their children 
into prostitution, various factors have conspired to make child pornography a 
thriving cottage industry. One key reason why it has proliferated, almost 
uncurbed, is the absence of a specific law prohibiting and penalizing the 
production, sale and distribution of child pornography. 
As a signatory to the Convention on the Rights of the Child and the 
Optional Protocol on the sale of children, child prostitution and child 
pornography, the Philippines is bound by its international commitment to 
criminalize acts that blatantly vi-olate the fundamental rights of the child and are 
severely detrimental to their development. 
This Bill seeks to comply with this obligation and to uphold the country’s 
own mandates by punishing any individual and organization who engage in 
child pornography. Even parents who induce or coerce their child to participate 
in pornography shall be penalized. Also punishable is mere possession of child 
pornographic material that is already a criminal offense in most European 
countries as well as in the United States and even in Singapore. 
., 
It is certainly high time that the Philippines wakes up and attacks head-on this 
crisis of child victimization. The passage of this Bill to protect the most vulnerable, 
defenseless and innocent of our population is 


FOURTEENTH CONGRESS 
1 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
S E N A T E  
S. 8. No. 
Introduced by Senator M. A. Madrigal 
AN ACT PROHIBITING CHILD PORNOGRAPHY, 
IMPOSING PENALTIES FOR THE COMMISSION THEREOF 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Xepvesentatives of the Philippines in 
Congress assembled: 
Section 1. Short Title. -This Act shall be known as the “Anti-Child Pornography 
Act of 2007.” 
Section 2. Declaration of State Policy. -It is the policy of the State to: 
A. Guarantee the rights of every child from all forms of neglect, cruelty, and 
other conditions prejudicial to their development; 
8. Protect the child from allforms of exploitation and abuse, such as: 
1. The exploitative use of 
a child or children in pornographic 
performances and materials; and 
2. The inducement or coercion of a child to engage in or perform any 
sexual activity or practices, through whatever means; and 
C. Comply with two international treaties to which the Philippines is a 
signatory concerning the rights of children, namely, the Convention on the 
Rights of the Child and the Second Optional Protocol to the Convention on 
the Rights of the Child. 
Section 3. Definition of Terns. - For purposes of this Act, the following terms 
shall be defined as follows: 
A. Child - refers to a person below fifteen (15) years of age or those over but 
is unable to fully take care of oneself from abuse, neglect, cruelty, 
exploitation, or discrimination, because of a physical or mental disability 
or condition. 
E. Sexual Exploitation - refers to the participation of a child in the production 
of pornographic materials. 
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C. Child Pornography - refers to any visual or audio representation of a child 
or a person depicted as one, engaging in real or simulated explicit sexual 
activities. It may include the depiction of a child through whatever means 
that would result in the manifestation of any form of prurient interest. The 
representation shall be in whatever form of computer graphics or by any 
electronic or mechanical means, including the use of information 
technology and the Internet. 
D. Internet Service Provider - refers to a company which provides Internet 
access for individuals, organizations, and companies. An Internet Service 
Provider usually has multiple access methods, including dial-up, Wireless 
Local Area Networks (Wi-Fi), Digital Subscriber Line (DSL), and cable 
modem. 
E. Person - refers to any natural or juridical entity. 
F. The Department - refers to the Department of Social Welfare and 
Development. 
G. Commercial Use - shall mean pornographic materials of such quantity 
intended for sale and with the end view of making a profit. Three or more 
pornographic materials of each kind or issue shall be prima facie evidence 
that the same is for Commercial Use. 
H. Personal Use - shall refer to pornographic materials for private use and 
purpose and not intended for sale. 
Section 4. Unlawful OY Prohibited Acts. - It shall be unlawful for any person to 
commit any of the following acts: 
A. To induce or recruit a Child to participate in the production of 
pornographic materials; 
B. To produce, through any means, including the use of computer graphics, 
electronic or mechanical means, any child pornographic material as 
defined in Section 3 (C) hereof; 
C. To publish, sell, distribute, broadcast, export and import for Commercial 
Use through any means, such as but not limited to, writings and pictures, 
books, magazines, billboards, tabloids, comics, posters, cards, calendars, 
decals, stickers, paintings, photographs, television shows, motion pictures, 
computer graphics or by any electronic or other means, including the use 
of information technology such as mobile phones and the Internet, child 
pornographic materials as defined in Section 3 (C) hereof; 
D. To possess any child pornographic material as defined in this Act, with or 
without the intent to publish, sell, distribute, and broadcast; 
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E. To export or import such material for Personal Use; 
F. To disclose to the media and the public the name, address, telephone 
number, school, or other identifying information of a child who is or is 
alleged to be a victim of Sexual Exploitation, or an immediate family of the 
child; 
G. To publish or cause to be published in any format the name, address, 
telephone number, school, or other identifying information of a child who 
is or is alleged to be a victim of Sexual Exploitation, or an immediate 
family of the child. 
Section 5. Prosecution of Cases. - Any person who has personal knowledge of 
the commission of any of the offenses under this Act, including but not limited to 
the child, parents, siblings, legal guardian, the Department, or police officers may 
file a complaint against the persons committing such offense. 
Section 6. Responsibility of Internet Service Providers. - All Internet Service 
Providers (ISPs) shall notify the proper law enforcement agency after learning 
that a website containing child pornography exists on its server. If an ISP willfully 
fails to report the said websites and violators or to cooperate in the investigation 
of said violators, they will be penalized in accordance with Section 7 hereof. 
Section 7. Penalties and Sanctions. - The following penalties and sanctions are 
hereby established for offenses enumerated in this Act: 
A. Any person found guilty of committing any of the acts enumerated in 
Section 4 (A) and (B) shall suffer the penalty of life imprisonment and a 
fine of not less than Two Million Pesos (f2,000,000.00) 
but not more than 
Five Million Pesos (P5,000,000.00). 
B. Any person found guilty of committing any of the acts enumerated in 
Section 4 (C) shall suffer the penalty of twelve (12) years and one (1) day to 
twenty (20) years and a fine of not less than One Million Pesos 
(fl,OOO,OOO.OO) but not more than Two Million Pesos (f2,000,000.00). 
C. Any person found guilty of committing the act defined in Section 4 (D) and 
(E) shall suffer the penalty of six (6) years and one day to twelve (12) years 
and a fine of not less than Five Hundred Thousand Pesos (f500,000.00) 
but 
not more than One Million Pesos (fl,OOO,OOO.OO). 
D. Any officers of the law, prosecutor office or the Court found guilty of 
committing the act defined in Section 4 (F) shall suffer the penalty of six (6) 
months and one (I) day to one (1) year and a fine of not less than One 
Hundred Thousand Pesos (flOO,OOO.OO) but not more than Three Hundred 
Thousand Pesos (f300,000.00), with the accessory penalty of perpetual 
disqualification from holding any public office. 
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E. Any person found guilty of committing the act defined in Section 4 (G) 
shall suffer the penalty of one (1) month and one (1) day to six (6) months 
and a fine of not less than One Hundred Thousand Pesos (PlO0,OOO.OO) but 
not more than Three Hundred Thousand Pesos (P300,000.00). 
F. If the offender is a juridical person, the penalty shall be imposed upon the 
owner, manager, partner, member of the board of directors, and any 
responsible officer, who participated in the commission of the crime or 
shall have knowingly permitted or failed to prevent its commission. 
G. If the offender is a foreigner, he shall be immediately deported after the 
complete service of his sentence and shall forever be barred from entering 
the country. 
H. Any Internet Service Providers found guilty of committing the act 
enumerated in Section 6 shall suffer the penalty of forfeiture of license and 
a fine of not less than Two Million Pesos (P2,000,000.00) but not more than 
Five Million Pesos (P5,000,000.00). 
Section 8. Confidentiality. - The right to privacy of the child shall be ensured at 
all times in whatever stage of the investigation or judicial proceedings. The 
following rules shall be observed in the investigation, prosecution, and trial for 
violation of this Act, taking into consideration the best interest of the child: 
A. The Judge, Prosecutor, or any officer of the law shall conduct a closed-door 
investigation, prosecution, or trial. 
B. 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. 
C. Any child pornographic materials that are part of the court record shall be 
under a protective order that provides as follows: 
1. Child pornographic materials may be viewed only by parties, their 
counsel, their expert witness, and the guardian ad litern. 
2. No child pornographic material, or any portion thereof, shall be 
divulged to any other person, except as necessary for the investigation, 
prosecution, or trial. 
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3. No person shall be granted access to the child pornographic material or 
any part thereof unless he signs a written affirmation that he has 
received and read a copy of the protective order; that he submits to the 
jurisdiction of the court with respect to the protective order; and that in 
case of violation thereof, he will be subject to the contempt power of the 
court. 
4. No tape shall be given, loaned, sold, or shown to any person except as 
ordered by the court. 
Section 9. Protective Custody of the Child. - The child shall be immediately 
placed under the custody of the Department if the parents or legal guardian are 
the accused, or are unwilling or unable to provide care and protection to the 
child. To ensure the recovery, rehabilitation, and reintegration of the child into 
the mainstream of society, the Department shall make available the following 
services to the child and his family or legal guardian: 
1. Emergency shelter or appropriate housing; 
2. Counseling; 
3. Free legal services which shall include information about the victims’ 
rights and the procedure for filing complaints, and other legal remedies 
available to them: 
4. Medical and psychological services; 
5. Educational assistance; and 
6. Livelihood assistance. 
Section 10. Lead Agency. - The Department shall be the lead agency to monitor 
the compliance of the provisions of this Act. It shall formulate policies and 
programs that will promote awareness and education against Child Pornography. 
Section 11. Funding. -The Philippine Charity Sweepstakes Office (PCSO) and the 
Philippine Amusement and Gaming Corporation (PAGCOR) shall each allocate 
from their respective earnings the amount of Twenty Five Million Pesos 
(P25,000,000.00) 
which shall accrue to a special account in the Department of 
Social Welfare and Development for the proper implementation of this Act. 
Section 12. Confiscation and Forfeiture of the Proceeds Derived from Child 
Pornography. - In addition to the penalty imposed under this Act, the court shall 
order the confiscation and forfeiture, in favor of the government, of all proceeds 
and properties derived from and used in the commission of the offenses under 
Section 4 (B), (C), (D) and (E) of this Act. 
When the proceeds, properties and instruments of the offense have been 
destroyed, diminished in value or otherwise rendered worthless by any act or 
omission, directly or indirectly by the offender, or if these have been concealed, 
removed, converted, or transferred to prevent the same from being found or 
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forfeited, the offender shall be ordered to pay the amount equal to the value of 
the proceeds, property, or instrument of the offense. 
All proceeds derived from the offense of child pornography shall a.ccrue to 
the special account in the Department of Social Welfare and Development. 
Section 13. Implementing Rules and Regulations. -Within thirty (30) days from 
the effectivity of this Act, the Department of Social Welfare and Development, 
with the Department of Justice and other government agencies and Non- 
Government Organizations, after due consultation, shall promulgate the 
necessary rules and regulations for the implementation of this Act. 
Section 14. 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 15. Repealing Clause. - All laws, decrees, rules and regulations or parts 
thereof inconsistent with this Act are hereby repealed, modified or amended 
accordingly. 
Section 16. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in the OiTicial Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
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