Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILLNO,___ 2058

Introduced by REP, EVELINA G. ESCUDERO

EXPLANATORY NOTE

This bill allows the parents, or the legal guardian of a minor, to sue any person
who knowingly sells or distributes a material deemed harmful to minors. This will
provide them the means to protect minors from harmful material and to deter any
unscrupulous person from engaging in a business of selling or distributing products
containing harmful material to minors from selling the same to minors.

Hence, the approval of this bill is earnestly sought.

EVELINA G. ESCUDERO


aw ne

yaw

14

16
17
18
19
20
21
22

23
24

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL No.__ 2058

Introduéed by REP. EVELINA G. ESCUDERO

AN ACT
TO PROVIDE A CIVIL ACTION FOR A MINOR INJURED BY EXPOSURE TO AN
ENTERTAINMENT PRODUCT CONTAINING MATERIAL THAT IS HARMFUL
TO MINORS

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

SECTION 1. Title. - This Act shall be known and cited as the "Parents!
Empowerment Act"

SEC. 2. Civil Action For A Minor Injured By Exposure To An Entertainment Product
Containing Material That Is Harmful To Minors. - A minor, through a person duly
authorized to act on behalf of the minor may, in a civil action obtain relief against any
person, natural or juridical, who knowingly sells, shows or distributes an entertainment
product containing material that is harmful to minors, if:

(1) a reasonable person would expect a substantial number of minors to be
exposed to the material; and

(2) the minor as a result of exposure to that material is likely to suffer
personal or emotional injury or injury to mental or moral welfare.

SEC. 3. Relief, - If the minor is the prevailing party:

(1) the minor shall recover compensatory damages of not less than P10,000
for each instance of any such material in any such product to which such minor
was so exposed;

(2) the minor may recover exemplary damages;

(3) the court, in its discretion, may allow the minor a reasonable attorney's
fee (including expert fees) as part of the costs; and

(4) the court may order any other appropriate relief.

SEC. 4. Affirmative Defense. - It is an affirmative defense to an action under this
section that a parent or guardian of the minor owned or possessed the entertainment


aus

12

13
14
15

16
17
18

19
20
21

product containing the material to which the minor was exposed, and an act of that
parent or guardian was the proximate cause of the minor's exposure to that material.

SEC. 5. Definition of terms. -

1. "Entertainment Product" means a picture, photograph, image, graphic image
file, drawing, video game, motion picture film, or similar visual representation or
image, book, pamphlet, magazine, printed matter, or sound recording.

2. "Material that is harmful to minors" means any pornographic communication,
picture, image, graphic image file, article, recording, writing, or other pornographic
matter of any kind that is obscene or that, taken as a whole, lacks serious literary,
artistic, political, and scientific value for minors sufficient to overcome the pernicious
effect of that material.

3. "Minor" means an individual under the age of 18.

SEC. 6. Separability Clause. - In the event that any provision or part of this Act
shall be declared unconstitutional by the courts, the remaining provisions shall remain
valid and in full force and effect.

SEC. 7. Repealing Clause. - All laws, orders, rules and regulations or part thereof
inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

SEC. 8. Date of Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier

Approved,