Republic Act No. 9775 (#1)
Republic Act No. 9775 (#1)
Republic Act No. 9775 (#1)
9775
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of
2009."
Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual, intellectual, emotional,
psychologicaland social well-being. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty
(b) Protect every child from all forms of exploitation and abuse including, but not
limited to:
(c) Comply with international treaties to which the Philippines is a signatory or a State
party concerning the rights of children which include, but not limited to, the
Convention on the Rights of the Child, the Optional Protocol to the Convention on the
Rights of the Child of the Child on the Sale of Children, Child Prostitution and Child
Elimination of the Worst Forms of Child Labor and the Convention Against
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the
(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,
(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
(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;
(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
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for offenses enumerated in this Act:
(a) Any person found guilty of syndicated child pornography as defined in Section 5
of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than
Two million pesos (Php2,000,000.00) but not more than Five million pesos
(Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer
the penalty of reclusion temporal in its maximum period and a fine of not less than
One million pesos (Php1,000,000.00) but not more than Two million
(Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer
the penalty of reclusion temporal in its medium period and a fine of not less than
Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million
pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos
(Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Three hundred
thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos
(Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine of not less than Three hundred
thousand pesos (php300,000.00) but not more than Five hundred thousand pesos
(Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty
of prision correccional in its maximum period and a fine of not less than Two hundred
thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos
(Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One hundred
thousand pesos (php100,000.00) but not more than Two hundred fifty thousand
pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than Fifty thousand
pesos (Php50,000.00) but not more than One hundred thousand pesos
(Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for
the first offense. In the case of a subsequent offense, the penalty shall be a fine not
less than Two million pesos (Php2,000,000.00) but not more than Three million
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and
installation requirements under Section 9 of this Act shall suffer the penalty of a fine
of not less than Five hundred thousand pesos (Php500,000.00) but not more than
One million pesos (Php1,000,000.00) for the first offense. In case of subsequent
offense, the penalty shall be a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and
(l) Any mall owner-operator and owner or lessor of other business establishments
companies and banks, found guilty of willfully and knowingly failing to comply with
the notice requirements under Section 10 of this Act shall suffer the penalty of a fine
of not less than One million pesos (Php1,000,000.00) but not more than Two million
pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense,
the penalty shall be a fine of not less than Two million pesos (Php2,000,000.00) but
not more than Three million pesos (Php3,000,000.00) and revocation of its license to
(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than One hundred
thousand pesos (Php100,000.00) but not more than Three hundred thousand pesos
(Php300,000.00).
(b) Counseling;
(c) Free legal services, which shall include information about the victim's rights and
the procedure for filing of complaints, claims for compensation and such other legal
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the child victims shall adopted and carried out.
The Inter-Agency Council Against Child Pornography created under Section 20 of this
Act shall develop and implement the necessary programs that will prevent any form of
child pornography, as well as protect, heal and reintegrate the child into the
mainstream of society. Such programs shall include beat but not limited to the
following:
(a) Provision of mandatory services including counseling free legal services, medical