Republic Act No.

9775
AN ACT DEFINING THE
CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND
FOR OTHER PURPOSES

DECLARATION OF
STATE POLICY
The State recognizes the
vital role of the youth in
nation building and shall
promote and protect their
physical, moral, spiritual,
intellectual, emotional,
psychological and social
well-being.

DEFINITION OF TERMS
"Child" refers to a person
below

eighteen

(18)

years

of

age or over, but is unable to

fully

take

himself/herself
neglect,

cruelty,

care
from

of
abuse,

exploitation

or discrimination because of a
physical

or

mental

disability

or condition.

DEFINITION OF TERMS
For the purpose of this Act, a
child shall also refer to:
1.A person regardless of age who
is presented, depicted or
portrayed as a child as defined
herein; and
2.Computer-generated, digitally
or manually crafted images or
graphics of a person who is
represented or who is made to
appear to be a child.

DEFINITION OF TERMS

"Child Pornography refers to

any

representation,

visual,

audio,

combination
electronic,
optical,
means,
involved

or

in

written

thereof,
mechanical,

magnetic
of

whether

child
real

or

by
digital,

any

other

engaged
or

or

simulated

explicit sexual activities.

DEFINITION OF TERMS
Explicit

sexual

activity-

sexual intercourse or lascivious

act

which

includes

limited

to

contact

genital,

oral

or

but

not

involving

anal,

between

persons of the same or opposite

sex;

bestiality;

sadistic

or

masturbation;

masochistic

abuse;

lascivious

exhibition

of

the

genitals,

buttocks,

breasts,

pubic area and/or anus; and use

of any object or instrument for
lascivious acts.
6

ACTS PUNISHABLE
1. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation
or
production
of
any
form
of
child
pornography;
2. To produce, direct, manufacture or create
any form of child pornography;
3. To
publish
offer,
transmit,
sell,
distribute, broadcast, advertise, promote,
export
or
import
any
form
of
child
pornography;
4. To possess any form of child pornography
with
the
intent
to
sell,
distribute,
publish,
or
broadcast:
Provided.
That
possession of three (3) or more articles of
child pornography of the same form shall be
prima facie evidence of the intent to sell,
distribute, publish or broadcast;
5. To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to
be a legitimate business;
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ACTS PUNISHABLE
6. For film distributors, theaters and
telecommunication
companies,
by
themselves or in cooperation with
other entities, to distribute any form
of child pornography;
7. For a parent, legal guardian or person
having custody or control of a child
to knowingly permit the child to
engage, participate or assist in any
form of child pornography;
8. To engage in the luring or grooming of
a child;
9. To engage in pandering of any form of
child pornography;
10.To willfully access any form of child
pornography;
11. To conspire to commit any of the
prohibited
acts
stated
in
this
section.
12.To
possess
any
form
of
child
pornography.
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WHO MAY FILE A

COMPLAINT
1. Offended party;
2. Parents or guardians;
3. Ascendant or collateral relative
within
the
third
degree
of
consanguinity;
4. Officer,
social
worker
or
representative of a licensed childcaring institution;
5. Officer or social worker of the
Department of Social Welfare and
Development
6. Local social welfare development
officer;
7. Barangay chairman;
8. Any law enforcement officer;
9. At
least
three
(3)
concerned
responsible citizens residing in the
place where the violation occurred;
or
10.Any
person
who
has
personal
knowledge of the circumstances of
the commission of any offense under
this Act.
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JURISDICTION

Jurisdiction over cases for the

violation of this Act shall be
vested in the Family Court which
has territorial jurisdiction over
the place where the offense or any
of its essential elements was
committed pursuant to Republic Act
No. 8369, otherwise known as
"Family Courts Act of 1997".

10

INTER-AGENCY
COUNCIL
The Secretary of the DSWD as chairperson and
the following as members:
1. Secretary of the Department of Justice
2. Secretary of the Department of Labor and
Employment
3. Secretary of the Department of Science and
Technology
4. Chief of the Philippine National Police;
5. Chairperson of the Commission on Information
and Communications Technology;
6. Commissioner
of
the
National
Telecommunications Commission;
7. Executive Director of the Council for the
Welfare of Children;
8. Executive Director of the Philippine Center
for Transnational Crimes;
9. Executive Director of the Optical Media
Board;
10.Director
of
the
National
Bureau
of
Investigation; and
11.Three (3) representatives from children's
nongovernmental organizations.
12.These representatives shall be nominated by
the government agency
11

SERVICES TO VICTIMS
Emergency shelter or
appropriate housing
Counseling
Free legal services
Medical or psychological
services
Livelihood and skills training
Educational assistance

12

INTERNATIONAL AND LOCAL

ADVOCATES
1.United Nations Childrens
Fund (UNICEF)
2.Peoples Recovery,
Empowerment and
Development Assistance
(PREDA) Foundation, Inc
3. Catholic Bishops
Conference of the
Philippines (CBCP)
4.Anti-Child and
Pornography Alliance
(ACPA)

13

INTERNATIONAL
TREATIES
1.Convention on the
Rights of the Child
2.Optional Protocol
to the Convention
of the Rights of
the Child

14

CONVENTION ON THE RIGHTS

OF THE CHILD
Article 4
States
Parties
shall
undertake
all
appropriate
legislative,
administrative,
and other measures for the
implementation of the rights
recognized
in
the
present
Convention. With regard to
economic, social and cultural
rights, States Parties shall
undertake such measures to the
maximum
extent
of
their
available resources and, where
needed, within the framework
of international co-operation.

15

OPTIONAL PROTOCOL TO THE

CONVENTION ON THE RIGHTS
OF THE CHILD
Protocol requiring governments to
increase

the

minimum

age

for

recruitment into the armed forces

from 15 years and to ensure that
members

of

their

armed

forces

under the age of 18 do not take a

direct part in armed conflict
Protocol

to

requirements

provide
for

detailed

governments

to

end the sexual exploitation and

abuse of children.
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EFFECTS OF CHILD
PORNOGRAPHY

17

EFFECTS OF CHILD
PORNOGRAPHY
1.Psychological
promotes

effect

the

brokenness

sense

among

that
of

children

demeans their self-worth.

2.Child

pornographic

materials

promote the commodification

of children.
3.Physical mutilation

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SUBJECTS OF THE
LAW

CHILDRE
N

esp. from the marginalized sector of the society

19

CHILD PORNOGRAPHY
& POVERTY
Child pornography is like a
deadly endemic disease with no
known treatment that spreads
more rapidly through third world
countries.

INTERNATIONAL
1.Philippines
2.Cambodia
3.Thailand

Local
1.Metro
Manila
2.Cebu
3.Cagayan De
Oro
4.Pampanga
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CHILD PORNOGRAPHY
& POVERTY

Poverty

should not be

blamed.

Corruption in the
Government plays a
major role in facilitating
pornography.

21

CHILD PORNOGRAPHY
& POVERTY
If the billions-worth of Priority
Development Assistance Fund (PDAF) Scam,
Malampaya Scam, Fertilizer Fund Scam were

properly used for infrastructure,

education,
health,
housing,
livelihood projects, we wont be
hearing news about mothers or guardians
forcing their children to remove their
clothes in front of the camera.
If these children can go to school

regularly, they can focus on their

studies and not on making ends meet
for their families. If the parents or
guardians of these youths work hard
enough to earn a living in a moral way,
no youngster would be exposed to abuse,
whether real or virtual.

SOURCE: How we can end child pornography today

22
Nikko Bacason Published 6:01 PM, March 03, 2014
Updated 6:01 PM, March 03, 2014

CHALLENGES AND
ISSUES

No
complain
ts

More
focus on
rehabilita
tion
programs

Difficult
to prove

Massive
freedom
curb
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CURRENT EVENT
Young mom arrested for taking nude
photos, videos of daughters
(Inquirer Visayas. Ador Vincent Mayol. August 2,
2016)

A 22-year-oldmother was
arrested for taking nude photos and
videos of her two young daughters
and selling the images onlineto
foreigners.
She was shooting avideo ofher
two children aged 5 and 2 while
taking a bath near a well in their
barangay on Saturday when police
arrived.

Since the victims are her own kids,

the case falls under qualified
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trafficking

BAR EXAM
QUESTIONS
1. Mr. P owns a boarding house
where he knowingly allowed
children to be videotaped while
simulating explicit sexual
activities. What is Mr. P's
criminal liability, if any?
(A) Corruption of minors under the
Penal Code
(B)Violation of the Child
Pornography Act
(C) Violation of the Child Abuse
Law
(D) None

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ACTS PUNISHABLE
1. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation
or
production
of
any
form
of
child
pornography;
2. To produce, direct, manufacture or create
any form of child pornography;
3. To
publish
offer,
transmit,
sell,
distribute, broadcast, advertise, promote,
export
or
import
any
form
of
child
pornography;
4. To possess any form of child pornography
with
the
intent
to
sell,
distribute,
publish,
or
broadcast:
Provided.
That
possession of three (3) or more articles of
child pornography of the same form shall be
prima facie evidence of the intent to sell,
distribute, publish or broadcast;
5. To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to
be a legitimate business;
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BAR EXAM
QUESTIONS
2. Conspiracy to commit felony is
punishable only in cases in
which the law specifically
provides a penalty therefor.
Under which of the following
instances are the conspirators
not liable?
a. Conspiracy to commit arson.
b. Conspiracy to commit
terrorism.
c. Conspiracy to commit child
pornography.
d. Conspiracy to commit
trafficking in persons.

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BAR EXAM
QUESTIONS
Conspirators are liable for
conspiracy
to
commit
arson
(Section 7 of PD No. 1613),
conspiracy to commit terrorism
(Section 4 of RA No. 9372) and
conspiracy
to
commit
child
pornography (Section 4[K] of RA
No.
9775)
because
the
law
provides penalty thereof.
However,
conspirators
are
not liable for conspiracy to
commit trafficking in persons
because RA No. 9208 has not
provided a penalty for it.

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Republic Act No. 9775

AN ACT DEFINING THE
CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND
FOR OTHER PURPOSES

29