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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

6129

House Bill No.

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 oF 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
vigitant 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 eamestly requested.

GAL ARROYO GLORIA MACAPAGAL ARROYO
istrict, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

3129

House Bill No.

SSS

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 shal! be known as the “Anti-Obscenity
Act of 2011."

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
il, bestiality
il, 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. coprophitia

i, masturbation

SECTION 3. Penaities. — 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) shail
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 shal! 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 shail 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)
ta Sixty Thousand Pesos (P60,000.00) shall be imposed on any person
who shali knowingly display, sell or distribute any of the materials
described in the first paragraph hereof. This section shall not apply if the
portrayal, depiction, representation, 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)
shalt be imposed on the owner, lessee, maintainer of any establishment who
shalt 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 shalt also suffer perpetual disqualification from
holding pubiic office.

2. The penaity 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 of 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) nationat
newspapers of general circulation in the Philippines.

Approved,