Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. 576

Introduced by CIBAC Party-List Representatives
Eduardo ‘Bro. Eddie’ C. Villanueva and Domingo C. Rivera

AN ACT DETERRING THE CONTINUED PROLIFERATION OF
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS AND INDECENT SHOWS BY INCREASING THE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The age of technological advancement of our generation—the internet, in
Particular—not only paved the way for modern development, but also, brought a new
wave of problems to the society such as online pornography and the rapid increase
of users that exploit minors and children.

The Philippine society is not exempted. In fact, according to the United Nations
Children Emergency Fund (UNICEF) on their 2017 report “The State of World's
Children: Children in a Digital World,” the country is the top global source of child
pornography'—an astounding truth that urges us to review prevailing laws.

Currently, the Revised Penal Code penalizes grave scandal, immoral doctrines,
obscene publications and exhibitions and indecent shows. In 2017, Republic Act No.
10951 increased the penalty for promoting immoral doctrines, obscene publications
and indecent shows under Article 201 of the Revised Penal Code from a fine of at
least Php6,000 to a fine ranging from Php20,000 to Php200,000.

12017, December 13. Philippines top global source of child pornography ~ UNICEF. Retrieved from:

https:/www.rappler.com/nation/19121-philippines-top-global-source-child-pomography-unicef (date

last accessed: June 30, 2019).


In addition to the felonies punishable under the Revised Penal Code,
Consequently, Republic Act No. 7610 or the Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act, penalizes any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions
and indecent shows, or model in obscene publications or pornographic materials or
to sell or distribute the said materials.

Despite these laws, however, Filipino children continue to be vulnerable to
online child predators and pornographers. In February 2019, it was reported that
online sexual exploitations remain widespread in the Philippines, 80% of the victims
of which are minors, most of whom are 12 years old or younger.? In most instances,
these minors are compelled to undress in front of an international audience of sexual
predators online.®

The continued prevalence of these incidents in the Philippines may be
attributed to the fact that despite the deplorable nature of the offense, the prescribed
Penalties for these offenses are not commensurate to their gravity.

Under the Revised Penal Code, an offender who is found guilty of violating
Article 201 may be punished by a fine ranging from Php20,000 to Php200,000 or
imprisonment of not more than six years. Thus, even if an offender is convicted, there
is no assurance that the offender would be put behind bars and kept away from the
public. The fine is also negligible when compared to the profit that the pornography
business generates.

This bill seeks to give greater protection to minors, increase the penalties for
obscene, pornographic and immoral activities, and update our penal laws to adapt to
the advanced technology now employed by those in the business of defiling the dignity
of persons through lust and greed

In view of these considerations, the immediate passage of this bill is sought.

=e. Shi,

HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA

2 2019, February 22. Cybersex ops stil prevalent in PH; 8/ pt of victims are minors. Retrieved from

hitps//news.abs-cbn.com/spotight/02/22/1 Slcybersex-ops-sil-prevalent-n-ph-80-pct-ot-victims-are-minors (date

last accessed: June 24, 2019)

22018, February "14. Govt to boost crackdown on child pomography. Retrieved _ from:
w 2/14/erackdown-on-child-por (date last accessed: June 24,

2019),



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. 576

Introduced by CIBAC Party-List Representatives
Eduardo ‘Bro. Eddie’ C. Villanueva and Domingo C. Rivera

AN ACT DETERRING THE CONTINUED PROLIFERATION OF
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS AND INDECENT SHOWS BY INCREASING THE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. This Act shall be known as the "Immorality, Pornography and Obscenity
Deterrence Act.”

SECTION 2. Article 201 of Act No. 3815, as amended by Republic Act No. 10951,
otherwise known as the Revised Penal Code, is hereby amended to read as follows:

“Article 201. Immoral doctrines, obscene publications and exhibitions, and
indecent shows. - The penalty of both [prision mayor] RECLUSION PERPETUA [or]
AND a fine ranging from [Twenty thousand pesos (P20,000)] FIVE HUNDRED
THOUSAND (P500,000.00) TO [Two hundred thousand pesos (P200,000)] ONE
MILLION PESOS (P1,000,000.00) {; or both such imprisonment and fine, ] shall be
imposed upon:

(1) Those who shall publicly, in whatever form, medium or technology,
expound or prociaim doctrines openly contrary to public morals;


(2) (@) The authors of obscene literature, published with their knowledge in
any form; the editors publishing such literature; and the owners/operators
and employees of the establishment selling the same;

(b) Those who, in theaters, fairs, cinematographs or any other place
accessible or made accessible to the public even if privately-owned, or
through the internet or some other virtual location where information can
be posted, stored or transferred, willingly exhibit, for free, profit or any
consideration, indecent or immoral plays, scenes, acts or shows, or clips,
whether visually or through the use of the other senses, whether live or [in
film,] recorded. [which are proscribed by virtue hereof,] These shall include
those which (1) glorify criminals or condone crimes; (2) serve no other
purpose but to satisfy the market for violence, lust or pornography; (3)
intentionally offend or discriminate any race, [or] religion or gender, (4)
tend to abet traffic and use of prohibited drugs and the abuse of regulated
drugs; and (5) are contrary to law, public order, morals, good customs,
established policies, lawful orders, decrees and edicts;

(3) Those who shall sell, give away, DISTRIBUTE, LEASE, CIRCULATE or
exhibit films, prints, engravings, sculpture, PICTURES, [or] literature,
SOUND RECORDINGS, OR ANY MATERIAL, IN WHATEVER FORM,
which are offensive to morals, ESPECIALLY THOSE REFERRED TO IN
SUBSECTION (2)(B)(1) TO (5) ABOVE.

FOR PURPOSES OF THIS ARTICLE, ANY MATERIAL WHICH, TO A
REASONABLE PERSON USING THE MORAL AND ETHICAL STANDARDS OF
THE CiTY OR MUNICIPALITY WHERE THE MATERIAL WAS SOLD,
DISTRIBUTED, EXHIBITED AND/OR CIRCULATED, UNNECESSARILY EMPLOY
THE USE OF SEX AND/OR VIOLENCE, OR UNNECESSARILY ADVERTISE
AND/OR PROMOTE DRUG ABUSE, CRIME OR OTHER UNLAWFUL OR
IMMORAL ACTS SHALL BE DEEMED TO BE IMMORAL, OBSCENE AND/OR
PORNOGRAPHIC.

IF THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE, THE
MAXIMUM PENALTY SHALL BE IMPOSED, INCLUDING THE ACCESSORY
PENALTY OF PERPETUAL ABSOLUTE DISQUALIFICATION.

ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL KNOWINGLY
ASSIST, IN WHATEVER FORM, WHETHER FOR CONSIDERATION OR
OTHERWISE, ANY PERSON IN COMMITTING ANY OF THE OFFENSES
MENTIONED IN THE PRECEDING PARAGRAPHS SHALL BE PENALIZED WITH
RECLUSION PERPETUA AND A FINE OF ONE MILLION PESOS (P1,000,000.00)
INCLUDING PERMANENT DISQUALIFICATION FROM HOLDING PUBLIC
OFFICE.

SECTION 3. A new Article 201-A of Act No. 3815, as amended, otherwise known as
the Revised Penal Code, is hereby amended to read as follows:

ARTICLE 201-A. SALE, DISTRIBUTION OR TRANSFER OF IMMORAL,
OBSCENE AND/OR PORNOGRAPHIC MATERIALS TO MINORS - ANY PERSON


COVDHARON=

FOUND GUILTY OF SELLING, DISTRIBUTING OR TRANSFERRING TO A
MINOR, FOR CONSIDERATION OR OTHERWISE, ANY IMMORAL, OBSCENE
AND/OR PORNOGRAPHIC MATERIAL IN WHATEVER FORM, MEDIUM OR
TECHNOLOGY, SHALL SUFFER THE PENALTY OF RECLUSION PREPETUA
AND A FINE RANGING FROM FIVE HUNDRED THOUSAND (P500,000.00) TO
ONE MILLION PESOS (P1,000,000.00).

IF THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE, THE
MAXIMUM PENALTY SHALL BE IMPOSED, INCLUDING THE ACCESSORY
PENALTY OF PERPETUAL ABSOLUTE DISQUALIFICATION.

ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL KNOWINGLY
ASSIST, IN WHATEVER FORM, WHETHER FOR CONSIDERATION OR
OTHERWISE, ANY PERSON IN COMMITTING ANY OF THE OFFENSES
MENTIONED IN THE PRECEDING PARAGRAPHS SHALL BE PENALIZED WITH
RECLUSION PERPETUA AND A FINE OF ONE MILLION PESOS (P1,000,000.00)
INCLUDING PERMANENT DISQUALIFICATION FROM HOLDING PUBLIC
OFFICE.

SECTION 4. Section 9 of Republic Act No. 7610, otherwise known as the Special
Protection of Children Against Chiid Abuse, Exploitation and Discrimination Act is
hereby amended to read as follows:

SECTION 5. Obscene Publications and Indecent Shows. - Any person who shall
hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene
Publications or pornographic materials or to sell or distribute the said materials shall
suffer the penalty of [prision mayor in its medium period] RECLUSION PERPETUA
AND A FINE RANGING FROM FIVE HUNDRED THOUSAND PESOS
(P500,000.00) TO ONE MILLION PESOS (P1,000,000.00).

THE SAME PENALTY SHALL BE IMPOSED ON ANY PERSON WHO.
SHALL USE VIRTUAL OR DIGITAL IMAGES OF A CHILD OR INDIVIDUALS MADE
TO APPEAR LIKE MINORS IN ANY OBSCENE PUBLICATION OR
PORNOGRAPHIC MATERIAL IN WHATEVER FORM OR MEDIUM.

ANY PERSON WHO SHALL SELL, GIVE AWAY, DISTRIBUTE, LEASE,
CIRCULATE, PRODUCE, SPONSOR OR EXHIBIT ANY MATERIAL
ENCOURAGING OR PROMOTING SEXUAL INTERCOURSE OR ANY SEXUAL
OR PROFANE ACTIVITY WITH A MINOR OR MINORS SHALL LIKEWISE SUFFER
THE PENALTY PROVIDED UNDER THE FIRST PARAGRAPH OF THIS SECTION.

If the child used as a performer, subject or seller/distributor is below twelve
(12) years of age, the penalty shall be imposed in its maximum period AND THE
MAXIMUM AMOUNT OF FINE.

Any ascendant, guardian, or person entrusted in any capacity with the care of
a child who shall cause and/or allow such child to be employed or to participate in an
obscene play, scene, act, movie or show or in any other acts covered by this section


shall suffer the penalty of [prision mayor] RECLUSION PERPETUA [in its medium
period).

IF THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE, THE
MAXIMUM PENALTY SHALL BE IMPOSED, INCLUDING THE ACCESSORY
PENALTY OF PERPETUAL ABSOLUTE DISQUALIFICATION.

ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL KNOWINGLY
ASSIST, IN WHATEVER FORM, WHETHER FOR CONSIDERATION OR
OTHERWISE, ANY PERSON IN COMMITTING ANY OF THE OFFENSES
MENTIONED IN THE PRECEDING PARAGRAPHS SHALL BE PENALIZED WITH
RECLUSION PERPETUA AND A FINE OF ONE MILLION PESOS (P1,000,000.00)
INCLUDING PERMANENT DISQUALIFICATION FROM HOLDING PUBLIC
OFFICE.

SECTION 6. Separability Clause. - If any provision of this Act is declared
unconstitutional, the other provisions not affected thereby shall continue to be in full
force and effect.

SECTION 7. Repealing Clause. - All laws, decrees, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days following its

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

Adopted