CRIMINAL LAW II

Written Report

R.A 9775 “ANTI-CHILD PORNOGRAPHY ACT of 2009”

Report Outline:

A. Definition of Terms
B. Offenses Punishable
C. Penalty
D. Common Penal Provisions
E. Presumptions on Child Pornography that are prescribed
F. Liability of Public Officials
G. Applicability of the Revised Penal Code
H. Comparison with other Special Penal Laws with similar provisions
-Determine whether you can prosecute the same act or vice versa

Members:

Parcon, Junfe
Ponce, Nicole Ann
Sibi, Leigh Anthony
A. Definition of Terms

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully
take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

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 as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact
involving genital to genital, oral to genital, anal to genital, or oral to anal,
whether between persons of the same or opposite sex
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious act

B. Acts Punishable

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;

(d) 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;
 (e) 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;

(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;

(g) 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;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and

(l) To possess any form of child pornography.

C. Penalty

Section 15: Penalties and Sanctions:

Reclusion perpetua and a fine of not less than Php2, 000,000.00 but not more than Five Php
5,000,000.00:

 Syndicated child pornography (Sec. 5)

Reclusion temporal in its maximum period and a fine of not less than Php1,000,000.00 but not
more than Php2,000,000.00:

 Those who hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of any form of child pornography (Sec. 4, a)
 Those who produce, direct, manufacture or create any form of child pornography
(Sec. 4, b)
 Those who publish offer, transmit, sell, distribute, broadcast, advertise, promote,
export or import any form of child pornography (Sec. 4, c)

Reclusion temporal in its medium period and a fine of not less than Php750,000.00 but not more
than Php1,000,000.00:

 Those who 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 (Sec. 4, d)
 Those who 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 (Sec.
4, e)
 Film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography (Sec.
4,f)

Reclusion temporal in its minimum period and a fine of not less than Php500,000.00 but not more
than Php700,000.00:

 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 (Sec. 4,
g)

Prision mayor in its maximum period and a fine of not less than Php300,000.00 but not more than
Php500,000.00

 Those who engage in the luring or grooming of a child (Sec. 4, h)

Penalty of prision mayor in its minimum period and a fine of not less than php300,000.00 but not
more than Php500,000.00:

 Those who engage in pandering of any form of child pornography (Sec. 4, i)

Prision correccional in its maximum period and a fine of not less than Php200,000.00 but not
more than Php300,000.00:

 To willfully access any form of child pornography (Sec. 4, j)

Prision correccional in its medium period and a fine of not less than php100,000.00 but not more
than php250,000.00:

 Those who conspire to commit any of the prohibited acts stated in this section. Conspiracy
to commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it (Sec. 4, k)

Arresto mayor in its minimum period and a fine of not less than Php50,000.00 but not more than
Php100,000.00:

 Those who possess any form of child pornography (Sec. 4, l)

First offense: Prision correccional in its medium period and a fine of not less than
Php1,000,000.00 but not more than Php2,000,000.00. Second offense: a fine not less than
Php2,000,000.00 but not more than Php3,000,000.00 and revocation of its license to operate and
immediate closure of the establishment:
  Internet content hosts or any person who violate Section 11

First offense: Fine of not less than Php500,000.00 but not more than Php1,000,000.00. Second
offense: Fine of not less than Php1,000,000.00 but not more than Php2,000,000.00 and revocation
of its license to operate:

 Any Internet Service Providers found guilty of willfully and knowingly failing to comply
with the notice and installation requirements under Section 9

First offense: Fine of not less than Php1,000,000.00 but not more than Php2,000,000.00. Second
offense: Fine of not less than Php2,000,000.00 but not more than Php3,000,000.00 and revocation
of its license to operate and immediate closure of the establishment:

 Any mall owner-operator and owner or lessor of other business establishments including
photo developers, information technology professionals, credit card companies and banks,
found guilty of willfully and knowingly failing to comply with the notice requirements
under Section 10

Arresto mayor in its minimum period and a fine of not less than (Php100,000.00) but not more
than Php300,000.00:

 Any person who violates the right to privacy of the child under Section 13

D. Common Penal Provisions

Section 16: Common Penal Provisions

 If the offender is a parent, ascendant, guardian, step-parent or a relative within the third
degree of consanguinity or affinity or any person having control or moral ascendancy
over the child, the penalty shall be in its maximum duration (except for Sec. 4, g)
 If the offender is a juridical person, the penalty shall be imposed upon the owner,
manager, partner, member of the board of directors and/or any responsible officer who
participated in the commission of the crime or shall have knowingly permitted or failed to
prevent its commissions
 If the offender is a foreigner, he/she shall be immediately deported after the complete
service of his/her sentence and shall forever be barred from entering the country
 If the offender is a public officer or employee, the penalty provided for in this Act shall
be imposed in its maximum duration

E. What presumptions on Child Pornography are prescribed?

1. Possession of three or more articles of the same form of CP is prima facie evidence
of the intent to sell, distribute, publish or broadcast penalized under Section 4(d) on
possession with intent to sell, distribute, publish or broadcast any form of child
pornography.
 2. Knowledge by mall owners/ operators and owners or lessors of other business
establishments is disputably presumed; that they should know or reasonably know
that a violation of the law is being committed in their premises.

3. Knowledge of the mall owners/operators and owners or lessors of other business

establishments is conclusively presumed of the violation of the law when there is
public display of any form of CO within their premises.

4. Conclusive presumption of willful and intentional violation on the basis of the

failure of the internet content host to remove any form of CP within 48 hours from
receiving the notice that any form of CP is hitting its server.

F. Liability of Public officials:

Officers who will violate the right to privacy of the child under section 13

 (1) judge, (2) prosecutor or (3) any officer of the law to whom the complaint has been
referred to

F. Applicability of the Revised Penal Code

 Article 340 of the Revised Penal Code- Corruption of Minors

“Any person who shall promote or facilitatet the prostitution or corruption of persons
under age to satisfy lust of another, shall be punished by prision mayor and oif the
culprit is a public officer or employee, including those in government-owned or
controlled corporations, he shall also suffer the penalty of temporary absolute
disqualifications.”

G. Special Penal Laws with similar provisions

1. Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 is a Philippine Republic
Act signed by President Aquino on 12 September 2012.

 It aims to address legal issues concerning online interactions.

 Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child
pornography, identity theft, illegal access to data and libel, but the new Act received mixed
reactions upon its enactment especially on the grounds of freedom of expression, freedom
of speech and data security.
 The Cybercrime Prevention Act of 2012 is the first law in the Philippines which
specifically criminalizes computer crime, which prior to the passage of the law had no
strong legal precedent in Philippine jurisprudence.
 The Act, divided into 31 sections split across eight chapters, criminalizes several types of
offenses, including illegal access (hacking), data interference, device misuse,
cybersquatting, computer-related offenses such as computer fraud, content-related offenses
such as cybersex and spam, and other offenses.
  The law also reaffirms existing laws against child pornography, an offense under Republic
Act No. 9779 (the Anti-Child Pornography Act of 2009), and libel, an offense under
Section 377 of the Revised Penal Code of the Philippines, also criminalizing them when
committed using a computer system.
 Content-related offenses
(1) Cybersex - The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid
of a computer system, for favor or consideration.
(2) Child Pornography - The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed
through a computer system. The penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.

2. Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation
and Discrimination Act of 1992

 Article V, Section 9. 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
prison mayor in its medium period.
-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.

(In relation with Section 4, par. A of R.A 9775)

 Article VI, Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child’s Development.
-Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child’s development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.

 Article VII, Section 11. Sanctions of Establishments or Enterprises which Promote,

Facilitate, or Conduct Activities Constituting Child Prostitution and Other Sexual
Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts
of Abuse. – All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately closed and their authority or license to
operate cancelled, without prejudice to the owner or manager thereof being prosecuted
under this Act and/or the Revised Penal Code, as amended, or special laws.
(In relation with Section 4, par. E of R.A 9775)

3. Republic Act No. 9262 or Violence against women and their children

 Section 3, par. (B) "Sexual violence" refers to an act, which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
 a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make
films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser.
(In relation with Section 4, par. G of R.A 9775)

4. Republic Act No. 9208 or Anti-Trafficking in Persons Act of 2003 & R.A 10364

 Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas employment
or training or apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage
 Section 6. Qualified Trafficking in Persons.
(a) When the trafficked person is a child

Definition of terms

 Section 3, par. (f) Sexual Exploitation – refers to participation by a person in prostitution

or the production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through
abuse of a victim’s vulnerability.
 Section 3, par. (h) Pornography – refers to any representation, through publication,
exhibition, cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.