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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _3673

Introduced By Representative Jorge Antonio P. Bustos

EXPLANATORY NOTE

Sex offenders are threats to public safety, most especially to women and
children who, by reason of dire socioeconomic reasons, are prone to sexual
exploitation and abuse. Coupling this condition in a time when the current
administration is spearheading the War against Illegal Drugs, rape exposes the
vulnerable individuals to sexual predators and drug addicts. Last September 9,
2017, a two-year old boy was raped then stabbed to death in Muntinlupa by his
own uncle, who was under the influence of illegal drugs.' Four (4) men, who
were later found out to be users of illegal drugs, were positively identified by a
witness to have abducted and kill a sixteen-year old girl in Pasig last September
3.2 A South African national was charged with four counts of rape of a fifteen-
year old girl, who, through medical examination, was found out to have been

forced to have sex with him. >

Many sex offenders have the tendency to commit rape and other sexual
violence crimes multiple times. Often, this tendency is borne out of carnal
desires — momentary needs that have serious impact on the mental health and
personal relations of the victims, regardless of gender. With the current

measures in place designed to penalize rape and other related crimes through the

‘http://www interaksyon.com/watch-2-year-old-in-muntinlupa-raped-killed-by-his-uncle/
=http://newsinfo.inquirer.net/928804 /4-drug-users-nabbed-in-pasig-teens-rape-slay
ahttp://news.abs-cbn.com /news/09/06/17/south-african-man-faces-rape-charges-in-cebu-city


Revised Penal Code and Republic Act 8353, or the Anti-Rape Law of 1997,
there is a guaranteed mechanism ensuring that the offenders will be brought to

justice.

The intention of this Bill is to complement the law enforcement and the
public information of the presence of sexual offenders around us. Through the
modern technology, basic profile of sexual offenders can be known online,
providing a tool for individuals meeting up with other people to know if the one
they are talking to are after sexual favors or have a history of sexual assault,
violating not only the abovementioned laws, but also a string of laws protecting

the rights of women and children.

Apart from being a public database, the National Sex Offender Registry
(NSOR) will also aid local and international law enforcement agencies in
nabbing transnational sexual offenders visiting the country. Its establishment
can be seen as a national opportunity to boost its capability to monitor the
activities of local and foreign pedophiles, and at the same time, warn

communities that a sexual offender/predator may be within their midst.

It is not the aim of this Bill to humiliate convicted sex offenders for their
wrongdoings. We aim to address the high risk of recidivism in sex offenders,
because it is hoped that through this Bill, the sex offenders will think twice
before committing another crime by risking that their conviction’ history is a

public record.

In the light of the foregoing, the immediate passage of this Bill is

earnestly sought.

CONG. JORGEANTONIO P. BUSTOS


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3673

Introduced By Representative Jorge Antonio P. Bustos

AN ACT
ESTABLISHING A NATIONAL SEX OFFENDER REGISTRY
AND PROVIDING FUNDS THEREFORE

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

Congress assembled:

SECTION 1. Short Title. This Act shall be known as the “Sex Offender
Registry Act”.

Sec. 2. Declaration of Policy. In accordance with Section 11, Article II of the
1987 Philippine Constitution, which provides that “the State values the dignity
of every human person and guarantees full respect for human rights,” it is
hereby declared the policy of the State to protect the physical, moral, spiritual,
and social well-being of its citizens. Towards this end, it shall adopt measures to
ensure their safety from any form of sexual abuse and exploitation by making
our community and law enforcement agencies aware of the presence of sexual

offenders, who are possible threats to the personal safety and well-being of all


Filipino citizens, especially women and children, in every inch of the territory

of the Philippines.

See. 3. Definition of Terms. For the purposes of this Act, the following shall be

defined as follows:

a. “National Sex Offender Registry” or “NSOR” refers to a national
database which shall contain the names and other pertinent details to sex

offenders who resides and sojourns in the country; and
b. “Sex offender” refers to any person convicted by the final judgment of:
i. Rape under Article 266 of the Revised Penal Code;

ii. Crimes committed against chastity as defined under Book 2 Title
XI of the Revised Penal Code; and

iii. Violations of Section 5 (g) of Republic Act 9262, as amended, as

well as other forms of sexual violence defined therein.

This term shall include persons convicted of final judgment before
foreign courts for the crimes of rape, sexual assault, acts of
lasciviousness, or other similar crimes involving sexual violence of

activity.

Sec. 4. Establishment of the National Sex Offender Registry. The National Sex
Offender Registry, which shall allow immediate information-sharing between
local and foreign jurisdictions, including law enforcement agencies, shall
include the following information for each sex offender, in addition to any other
information that will be deemed necessary for the proper registration and

identification of sex offenders:

a. Full name and aliases;


b. Permanent and present residential addresses;
c. Employment history;

d. Fingerprints and DNA samples;

e. Complete criminal history;

f. Educational information, if applicable; and,
g. Recent photograph.

Convicted sex offenders, prior to being released from imprisonment, shall
register in each province, city, or municipality where they are residing, are
employed, or are studying. Sex offenders shall be required to regularly update
the registration as provided under Section 6 of this Act. Moreover, a sex
offender who changes residence, employment, or school shall update

registration within ten (10) days from the said change.

Sec. 5. Duration of Inclusion in the Registry. Sex offenders convicted in local
and foreign courts shall remain on the registry for life and shall be required to
appear at least once a year. Moreover, sex offenders must verify their
information in person. Furthermore, the severity of their sexual offenses that
was determined solely by the court which convicted them, or lack thereof, shall

not affect the duration of their inclusion in the Registry.

Sec. 6. Accessibility of the Registry. The general public shall not have access to
the detailed information of the registered sex offender; however, a website shall
be made available to the public which will only include relevant information
about the sex offenders, such as name, recent photograph, and the crime

committed.


In addition to the National Sex Offender Registry, provincial local governments
shall also be required to maintain its own online registry which shall also be

accessible to the general public.

Sec. 7. Public Information and Education. There shall be information and
education campaigns spearheaded by the Department of Justice to raise public
awareness on the existence of the Registry and to instruct how to use it. The
campaign shall ensure that the procedures on how to use the Registry and the

contents of the website will be easily understood by the public.

Sec. 8. Penalties. Pursuant to this Act, sex offenders who shall knowingly and
willfully fail to register or update their information as provided herein shall
suffer the penalty of one (1) to five (5) years imprisonment and a fine of ten

thousand pesos (Php 10,000.00).

In the event that sex offenders who are unregistered or have outdated Registry
information commits another crime, regardless of nature, the penalty of five (5)
to ten (10) years imprisonment and a fine of fifty thousand pesos (Php
50,000.00) shall be imposed, in addition to the penalty imposed by reason of the

crime committed.

Sec. 9. Implementing Agency. The Department of Justice shall be mandated to
create and maintain the necessary database, computer system, and software that
will establish the National Sex Offender Registry. The database, computer
system, and software shall be shared and distributed with the provincial

government units for the operation of a uniform registry and Internet websites.

See. 10. Appropriations. The funding necessary for the implementation of this
Act shall be included in the yearly budget allocation for the Department of

Justice under the General Appropriations Act.


Sec. 11. Implementing Rules and Regulations. Within ninety (90) days from
the effectivity of this Act, the Department of Justice, in cooperation with the
Department of Interior and Local Government, Philippine National Police, and
Department of Information and Communications Technology, shall promulgate

the rules and regulations necessary for the implementation of this Act.

See. 12. Separability Clause. If any provision of this Act is declared
unconstitutional or invalid, the other provisions not affected by such declaration

shall remain in full force and effect.

Sec. 13. Repealing Clause. Any law, decree, ordinance or administrative
circular not consistent with any provision of this Act is hereby amended,

repealed or modified accordingly.

Sec. 14. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved.