THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
First Regular Session 
5 MAR -3 P2 :I6 
~~ 
~~~ 
Introduced by Senator Miriam Defensor Santiago 
,’ 
,. 
+, . “^ 
EXPLAN&TORY NOTE 
The Conhtution, Article 2, Section) 1 ,  provides: 
and guarantees full respect for human rights. 
/ 
, ,  
’,’ q 
Y, I 
c ., . 
The StZCvalues the dignity of ev&y human person 
Last 2 February 2005, President Gloria Macapagal-Arroyo ordered the Philippine National 
Police (PNP) to sustain a new campaign against cybersex, which she said “taints the image” of 
Filipino women before the world. 
However, in the absence of specific laws targeting cybersex operations, law 
forcer 
would be using only the statutes against grave scandal and exhibition of offensive or immoral 
material to prosecute operators of dens offering sexual services via the internet. 
The absence of a law that penalizes the operators of these cybersex dens would cause ,the 
proliferation of such dens around the country. While some cities might have ordinances against 
these cybersex operators, a law is still needed for a nationwide crackdown against cybersex dens. 
A classic example was an incident in the past when the PNP lost its case against Belgian Roland 
Thys, whose cybersex den in Barangay Malabanias, Angeles City, Pampanga was raided by police 
last 4 October 2004. 
Cybersex dens have sprouted in many computer shops throughout Metro Manila. A recent 
case confirmed this when Junart Reyes of San Francisco del Monte, Quezon City, was arrested last 
28 January 2005 because of the complaints of three (3) male high school students that they were 
used by the suspect to pose nude in front of a video camera connected to an internet chat room in 


exchange of five hundred to one thousand pesos (P500-P1,000). The suspect is charged only of 
violation of the Special Protection of Children Against Child Abuse Act and the Revised Penal 
Code. 
There is no law that seriously punishes those persons who are responsible for the spread of 
cybersex dens all over the country. This bill seeks to punish those persons who operate and 
maintain cybersex dens, and their protectors/coddlers. 
e 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPNES 
1 
First Regular Session 
1 
5 MAR -3 P236 
c .
~ ~ ~ ~ I V E D  
BY: 
_.. 
S E N A T E  
S.B.NO. . 1945 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CLASSIFYING CYBERSEX OPERATIONS AS A FORM OF PROSTITUTION AND 
IMPOSING PENALTIES ON CYBERSEX DEN OPERATORS, PERSONNEL, AND 
PROTECTORSKODDLERS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress crssembled: 
SECTION 1. Short Title. -This 
Act shall be known as “The Anti-Cybersex Act of 2005.” 
SECTION 2. Declaration ofPoZicy. - 
It is hereby declared the policy of the State to value 
e 
the dignity of every human person and guarantees full respect for human rights. 
SECTION 3. Definition of Terms. -As used in this Act, the term: 
(1) “Cybersex” - refers to a special form of prostitution that is conducted via the internet 
and the use of web cameras, by inviting people either here or in other countries to watch 
women, child, or men perform sexual acts in exchange for a fee paid via credit cards or 
other means. 
(2) “Cybersex den” - refers to any place where this special form of prostitution is 
conducted. 
(3) “Cybersex den operator” - refers to any person who pays for, raises or supplies money 
for, or underwrites for the operation and maintenance of a cybersex den. 
(4) “Cybersex den personnel” - refers to the caretaker, helper, watchman, lookout, and 
other persons working in the den employed by the maintainer, owner, andor operator of a 
cybersex den. 
(5) “Protector/Coddler” - refers to any person who knowingly and willfully consents to the 
operation and maintenance of a cybersex den under this Act, and uses hisher influence, 


power, or position in shielding, harboring, screening, or facilitating the escape of any 
person he/she knows, or has reasonable grounds to believe on or suspects, has violated the 
provisions of this Act in order to prevent the arrest, prosecution and conviction of the 
offender. 
(6) “Instrument” - 
refers to any thing that is used in or intended to be used in any manner 
in the commissioti of cybersex. 
(7) “DSWD” - refers to the Department of SociaI Welfare and Development. 
SECTION 4. Offenders and their Punishments. - 
1. CYBERSEX DEN OPERATOR. - 
The penalty of fifteen (15) years of imprisonment 
and a fine of not less than Five hundred thousand pesos (P500,OOO.OO) but not more than 
One Million Pesos (P1,000,000.00) shall be imposed upon the cybersex den operator. 
2. CYBERSEX DEN PERSONNEL. - 
The penalty of imprisonment ranging from six (6) 
years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand 
pesos (PlO0,OOO.OO) to Five hundred thousand pesos (P500,OOO.OO) shall be imposed upon 
the cybersex den personnel. 
3. PROTECTOWCODDLER. -The 
penalty of reclusion temporal and a fine ranging from 
One hundred thousand pesos (PlO0,OOO.OO) to Five hundred thousand pesos (P500,OOO.OO) 
shall be imposed upon any person, who acts as a protector/coddler of the perpetrator under 
this Act. 
If the protector/coddler is a law enforcer, public officer or employee, the maximum 
penalties provided for in this Act shall be imposed, in addition to absolute perpetual 
disqualification from any public office. 
SECTION 5. Offender is a foreigner. - 
When the offender is a foreigner, he/she shall be 
deported immediately after service of sentence and permanently barred from entry into the 
country. 


SECTION 6. Forfeiture of the Instruments, Proceeds, Assets, and Properties. - 
After 
conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall 
immediately schedule a hearing for the confiscation and forfeiture of all the instruments, all the 
proceeds of the offense, and all the assets and properties of the accused either owned or held by 
him or in the name of some other persons if the same shall be found to be manifestly out of 
proportion to hisher lawhl income: Provided, however, That if the forfeited property is a vehicle, 
the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. 
SECTION 7. Offender under exceptional circumstance$. - 
When the offender is a person 
who is also exploited in cybersex or had been exploited in cybersex, hekhe shall be penalized as 
follows: 
1. FIRST OFFENSE. - the offender shall undergo three (3) months of 
mandatory counseling and rehabilitation program with the Department of Social 
Welfare and Development; 
2. SECOND OFFENSE. - 
imprisonment of one (1) month and mandatory 
counseling and rehabilitation program with the DSWD; 
3. THIRD OFFENSE. - 
imprisonment of one (1) month and mandatory counseling 
and rehabilitation program with the DSWD for six (6) months; 
4. FOURTH AND SUBSEQUENT OFFENSE. - imprisonment of one (1) 
year and mandatory counseling and rehabilitation program with the DSWD from six 
(6) months to one (1) year. 
Notwithstanding the criminal liability imposed upon the offender under this 
provision, such liability shall not operate to divest himher of the rights, benefits and 
protection accorded to persons exploited in cybersex under this Act. 
? 
i 
SECTION 8. Pevson Exploited in Cybersex as Victims. - Any woman, man, or child used 
or employed for cybersex and for the monetary gain or profit of others shall be treated as victims 
of cybersex. As such, they shall not incur any criminal liability under this Act, except to the extent 
referred to under Section 6 hereof. 


In addition, the consent of the person exploited in cybersex to the commission of 
the offense shall not in any way exempt the offender from, or mitigate hisher criminal liability. 
0 
SECTION 9. Civil Liability for Cybersex. - Persons exploited in cybersex by other 
person may file independent civil cases for damages against +e persons, natural or juridical, 
responsible for their exploitation. 
SECTION 10. Suppletory Application. -The provisions of Republic Act No. 9280 or the 
Anti-Trafficking in Persons Act shall have suppletory application to this Act. 
SECTION 11. Separability Clause. - 
If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not othenvise affected shall remain 
valid and subsisting. 
SECTION 12. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,