PRESIDENTIAL DECREE No.

1613

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and
other crimes involving destruction in Metro Manila and other urban centers in the country are being
perpetrated by criminal syndicates, some of which have foreign connections;

WHEREAS, the current law on arson suffers from certain inadequacies that impede the successful
enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be
prevented to protect the national economy and preserve the social, economic and political stability of
the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order and decree as part of the law of the land,
the following:

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by
Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property

4. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public
or private market, theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested

area.

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:
 1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be
imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death shall be imposed.

Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima
facie evidence of arson:

1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the building
note necessary in the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances or

materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the time
of the issuance of the policy.

4. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured.
 5. If shortly before the fire, a substantial portion of the effects insured and stored in a building
or property had been withdrawn from the premises except in the ordinary course of business.

6. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of the
victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision
Mayor in its minimum period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson including the
land on which it is situated shall be confiscated and escheated to the State, unless the owner thereof
can prove that he has no participation in nor knowledge of such arson despite the exercise of due
diligence on his part.

Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code
and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the
provisions of this Decree are hereby repealed or amended accordingly.

Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at least
once in a newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen hundred and
seventy-nine.

Section 1. Short Title.— This Act shall be known as the “New Anti-Carnapping Act of 2016”.

Section 2. Definition of Terms.— As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle in order to replace its entire body with a
new body;

(b) Defacing or tampering with a serial number refers to the altering, changing, erasing, replacing or
scratching of the original factory inscribed serial number on the motor vehicle engine, engine block or
chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its
engine, engine block or chassis which is different from that which is listed in the records of the Bureau of
Customs for motor vehicle imported into the Philippines, that motor vehicle shall be considered to have
a defaced or tampered serial number;

(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor vehicle;

(d) Identity transfer refers to the act of transferring the engine number, chassis number, body tag
number, plate number, and any other identifying marks of a motor vehicle declared as “total wreck” or
is beyond economic repair by concerned car insurance companies and/or law enforcement agencies
after its involvement in a vehicular accident or other incident and registers the same into another
factory-made body or vehicle unit, of the same classification, type, make or model;

(e) Motor vehicle refers to any vehicle propelled by any power other than muscular power using the
public highways, except road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers,
graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles which run only
on rails or tracks; and tractors, trailers and traction engines of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels, when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified as a separate motor vehicle with no power rating;

(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor vehicle by separating
the motor engine and its parts from the body of the motor vehicle;

(g) Repainting refers to changing the color of a motor vehicle by means of painting. There is painting
whenever the new color of a motor vehicle is different from its color registered in the Land
Transportation Office (LTO);

(h) Remodeling refers to the introduction of some changes in the shape or form of the body of the
motor vehicle;

(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used in assembling
another vehicle;

(j) Total wreck refers to the state or status of a motor vehicle after a vehicular accident or other
incident, so that it is rendered inoperational and beyond economic repair due to the extent of damage
in its body, chassis and engine; and

(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle plate issued by the
LTO to a certain vehicle to another vehicle. It is presumed illegally transferred when the motor vehicle
plate does not correspond with that as appearing in the certificate of registration of the motor vehicle to
which it was issued.

Section 3. Carnapping; Penalties.— Carnapping is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by means of violence against or intimidation of
persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken,
be punished by imprisonment for not less than twenty (20) years and one (1) day but not more than
thirty (30) years, when the carnapping is committed without violence against or intimidation of persons,
or force upon things; and by imprisonment for not less than thirty (30) years and one (1) day but not
more than forty (40) years, when the carnapping is committed by means of violence against or
intimidation of persons, or force upon things; and the penalty of life imprisonment shall be imposed
when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission
of the carnapping.
Any person charged with carnapping or when the crime of carnapping is committed by criminal groups,
gangs or syndicates or by means of violence or intimidation of any person or persons or forced upon
things; or when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in
the course of the carnapping shall be denied bail when the evidence of guilt is strong.

Section 4. Concealment of Carnapping.— Any person who conceals carnapping shall be punished with
imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition
cost of the motor vehicle, motor vehicle engine, or any other part involved in the violation; Provided,
That if the person violating any provision of this Act is a juridical person, the penalty herein provided
shall be imposed on its president, secretary, and/or members of the board of directors or any of its
officers and employees who may have directly participated in the violation.

Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty of
gross negligence of duty or connives with or permits the commission of any of the said unlawful acts
shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service,
and his/her benefits forfeited and shall be permanently disqualified from holding public office.

Section 5. Original Registration of Motor Vehicles.— Any person seeking the original registration of a
motor vehicle, whether that motor vehicle is newly assembled or rebuilt or acquired from a registered
owner, shall, within one (1) week after the completion of the assembly or rebuilding job or the
acquisition thereof from the registered owner, apply to the Philippine National Police (PNP) for the
clearance of the motor vehicle for registration with the LTO. The PNP shall, upon receipt of the
application, verify if the motor vehicle or its numbered parts are in the list of carnapped motor vehicles
or stolen motor vehicle parts. If the motor vehicle or any of its numbered parts is not in the list, the PNP
shall forthwith issue a certificate of clearance. Upon presentation of the certificate of clearance from the
PNP and after verification of the registration of the motor vehicle engine, engine block and chassis in the
permanent registry of motor vehicle engine, engine block and chassis, the LTO shall register the motor
vehicle in accordance with existing laws, rules and regulations within twenty (20) working days.

Section 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and Chassis.— Within one
(1) year upon approval of this Act, every owner or possessor of unregistered motor vehicle or parts
thereof in knock down condition shall register before the LTO the motor vehicle engine, engine block
and chassis in the name of the possessor or in the name of the real owner who shall be readily available
to answer any claim over the registered motor vehicle engine, engine block and chassis. Thereafter, all
motor vehicle engines, engine blocks and chassis not registered with the LTO shall be considered as a
carnapped vehicle, an untaxed importation or coming from illegal source and shall be confiscated in
favor of the government.

Section 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blocks and Chassis.—The
LTO shall keep a permanent registry of motor vehicle, motor vehicle engines, engine blocks and chassis
of all motor vehicles, specifying therein their type, make, serial numbers and stating therein the names
and addresses of their present and previous owners. Copies of the registry and of all entries made
thereon shall be furnished the PNP and all LTO regional, provincial and city branch offices: Provided,
That all LTO regional, provincial and city offices are likewise obliged to furnish copies of all registrations
of motor vehicles to the main office and to the PNP: Provided, Further, That the original copy of the
certificate of registration shall be given to the registered owner, the second copy shall be retained with
the LTO and the third copy shall be submitted to the PNP. Moreover, it shall be unlawful for any person
or employee who willfully encodes in the registry of motor vehicles a non-existing vehicle or without
history, new identity of already existing vehicle or double/multiple registration (“KAMBAL”) of vehicle.

Section 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle, Substitution or Replacement of

a Motor Vehicle Engine, Engine Block or Chassis.— Every sale, transfer, conveyance of a motor vehicle,
substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall
be registered with the LTO within twenty (20) working days upon purchase/acquisition of a motor
vehicle and substitution or replacement of a motor vehicle engine, engine block or chassis. A motor
vehicle, motor vehicle engine, engine block or chassis not registered with the LTO shall be presumed as a
carnapped vehicle, an untaxed imported vehicle, or a vehicle proceeding from illegal sources unless
proven otherwise and shall be confiscated in favor of the government.

Section 9. Duty of Collector of Customs to Report.— Within seven (7) days after the arrival of an
imported vehicle, motor vehicle engine, engine block, chassis or body, the Collector of Customs of a
principal port of entry where the imported vehicle or parts enumerated above are unloaded shall report
the shipment to the LTO, specifying the make, type and serial numbers, if any, of the motor vehicle,
motor vehicle engine, engine block, chassis or body, and stating the names and addresses of the owner
or consignee thereof. If the motor vehicle, motor vehicle engine, engine block, chassis or body does not
bear any serial number, the Collector of Customs concerned shall hold the motor vehicle, motor vehicle
engine, engine block, chassis or body until it is numbered by the LTO: Provided, That a PNP clearance
shall be required prior to engraving the engine or chassis number.

Section 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep Record of Stocks.—Any
person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle
engines, engine blocks, chassis or body shall keep a permanent record of one’s stocks, stating therein
their type, make and serial numbers, and the names and addresses of the persons from whom they
were acquired and the names and addresses of the persons to whom they are sold, and shall render
accurately a monthly report of his/her transactions in motor vehicles to the LTO.

Section 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the Numbering of Engine
Blocks, Chassis or Body Manufactured.— Any person engaged in the manufacture of engine blocks,
chassis or body shall cause the numbering of every engine block, chassis or body manufactured in a
convenient and conspicuous part thereof which the LTO may direct for the purpose of uniformity and
identification of the factory and shall submit to the LTO a monthly report of the manufacture and sale of
engine blocks, chassis or body.

Section 12. Clearance and Permit Required for Assembly or Rebuilding of Motor Vehicles.— Any person
who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall
first secure a certificate of clearance from the PNP: Provided, That no such permit shall be issued unless
the applicant shall present a statement under oath containing the type, make and serial numbers of the
engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be
assembled or rebuilt together with the names and addresses of the sources thereof.

In the case of motor vehicle engines to be mounted on motor boats, motor bancas, water crafts and
other light water vessels, the applicant shall secure a permit from the PNP, which office shall in turn
furnish the LTO pertinent data concerning the motor vehicle engines including their type, make and
serial numbers.

Section 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines, Engine Blocks,
Chassis or Body.— The Philippine Ports Authority (PPA) shall submit a report to the PNP within seven (7)
days upon boarding all motor vehicles being boarded the “RORO”, ferry, boat, vessel or ship for
interisland and international shipment. The PPA shall not allow the loading of motor vehicles in all
interisland and international shipping vessels without a motor vehicle clearance from the PNP, except
cargo trucks and other trucks carrying goods, Land Transportation Franchising and Regulatory Board
(LTFRB)-accredited public utility vehicles (PUV) and other motor vehicles carrying foodstuff and dry
goods.

Section 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and
Chassis.— It shall be unlawful for any person to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines, engine blocks and chassis.

Section 15. Identity Transfer.— It shall be unlawful for any person, office or entity to cause and/or allow
the sale, registration, and/or transfer into another name, the chassis number, engine number and plate
number of a motor vehicle declared as “total wreck” or beyond economic repair by concerned insurance
company, and/or law enforcement agencies, due to its involvement in a vehicular accident or for some
other causes. The LTO shall cancel the registration of total wreck vehicle as reported by the PNP and/or
as declared by the Insurance Commission.

Section 16. Transfer of Vehicle Plate.— It shall be unlawful for any person, office or entity to transfer or
use a vehicle plate from one vehicle to another without securing the proper authority from the LTO.

Section 17. Sale of Second Hand Spare Parts.— It shall be unlawful for any person, office or entity to buy
and/or sell any second hand spare parts taken from a carnapped vehicle.

Section 18. Foreign Nationals.— Foreign nationals convicted under the provisions of this Act shall be
deported immediately after service of sentence without further proceedings by the Bureau of
Immigration.

Section 19. Reward.— Any person who voluntarily gives information leading to the recovery of
carnapped vehicles and for the apprehension of the persons charged with carnapping shall be given
monetary reward as the PNP may determine. The PNP shall include in their annual budget the amount
necessary to carry out the purposes of this section. Any information given by informers shall be treated
as confidential matter.
Section 20. Implementing Rules and Regulations.— The PNP together with the Department of
Transportation and Communications, LTO, Philippine Coast Guard, Maritime Industry Authority, Bureau
of Customs and relevant motorists and automotive sectors shall, within sixty (60) days from the
effectivity of this Act, after unanimous approval, promulgate the necessary implementing rules and
regulations to effectively carry out the provisions of this Act, including the setting up of a coordinated
online access and the effective clearance system mentioned in Section 12 of this Act to expedite motor
vehicle data and details verification.

Section 21. Separability Clause.— If any provision of this Act is declared invalid, the remainder of this Act
or any provision not affected thereby shall remain in full force and effect.

Section 22. Repealing Clause.— Republic Act No. 6539, otherwise known as the “Anti-Carnapping Act of
1972”, is hereby repealed. All laws, executive orders, rules and regulations or parts thereof inconsistent
with the provisions of this Act are hereby amended or repealed accordingly.

Section 23. Effectivity.— This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) newspapers of general circulation, whichever comes earlier.

Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES

THEREFOR AND FOR OTHER PURPOSES

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 "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, psychological
and social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and
other conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography

through whatever means; and

(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 Pornography, the International
 Labor Organization (ILO) Convention No.182 on the Elimination of the Worst Forms of Child
Labor and the Convention Against Transnational Organized Crime.

Section 3. 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 acts

(d) "Internet address" refers to a website, bulletin board service, internet chat room or news
group, or any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services
to the public for the use of its computer/s or computer system for the purpose of accessing
the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet
content in the Philippines.
 (g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to
supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to
be a child for sexual activity or sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child
or someone who the offender believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or

distributing through any means any material or purported material that is intended to cause
another to believe that the material or purported material contains any form of child
pornography, regardless of the actual content of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

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.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by
a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and
other offenses punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in the place where the violation
occurred; or

(j) Any person who has personal knowledge of the circumstances of the commission of any
offense under this Act.

Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or
designate special prosecutors to prosecute cases for the violation of this Act.

Section 8. 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".

Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall
notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven
(7) days from obtaining facts and circumstances that any form of child pornography is being
committed using its server or facility. Nothing in this section may be construed to require an ISP to
engage in the monitoring of any user, subscriber or customer, or the content of any communication
of any such person: Provided, That no ISP shall be held civilly liable for damages on account of any
notice given in good faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by
relevant authorities.

An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address which contains any form of child pornography.

All ISPs shall install available technology, program or software to ensure that access to or transmittal
of any form of child pornography will be blocked or filtered.

An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the
penalty provided under Section 15(k) of this Act.

The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from
the effectivity of this Act the necessary rules and regulations for the implementation of this provision
which shall include, among others, the installation of filtering software that will block access to or
transmission of any form of the child pornography.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
Establishments. - All mall owners/operators and owners or lessors of other business establishments
shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that
child pornography is being committed in their premises. Provided, That public display of any form of
child pornography within their premises is a conclusive presumption of the knowledge of the mall
owners/operators and owners or lessors of other business establishments of the violation of this
Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and
owners or lessors of other business establishments should know or reasonably know that a violation
of this Act is being committed in their premises.

Photo developers, information technology professionals, credit card companies and banks and any
person who has direct knowledge of any form of child pornography activities shall have the duty to
report any suspected child pornography materials or transactions to the proper authorities within
seven (7) days from discovery thereof.

Any willful and intentional violation of this provision shall be subject to the penalty provided under
Section 15(l) of this Act.

Section 11. Duties of an Internet Content Host. - An internet content host shall:

(a) Not host any form of child pornography on its internet address;

(b) Within seven (7) days, report the presence of any form of child pornography, as well as
the particulars of the person maintaining, hosting, distributing or in any manner contributing
to such internet address, to the proper authorities; and

(c) Preserve such evidence for purposes of investigation and prosecution by relevant
authorities.

An internet content host shall, upon the request of proper authorities, furnish the particulars of users
who gained or attempted to gain access to an internet address that contains any form of child
pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the
internet content host to remove any form of child pornography within forty-eight (48) hours from
receiving the notice that any form of child pornography is hitting its server shall be conclusive
evidence of willful and intentional violation thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the
city or municipality where an internet café or kiosk is located shall have the authority to monitor and
regulate the establishment and operation of the same or similar establishments in order to prevent
violation of the provisions of this Act.

Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the
investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules
shall be observed:

(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred
to may, whenever necessary to ensure a fair and impartial proceeding and after considering
all circumstances for the best interest of the child conduct a closed-door investigation,
prosecution or trial;

(b) The name and personal circumstances of the child, including the child's immediate family,
or any other information tending to establish his/her identity shall not be disclosed to the
public;

(c) Any record regarding a child shall be confidential and kept under seal. Except upon
written request and order of the court, a record shall be released only to the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies and

(6) Other persons as determined by the court.

(d) Any form of child pornography that is part of the court records shall be subject to a
protective order that provides as follows:

(1) Any form of child pornography may be viewed only by the parties, their counsel,
their expert witness and guardian ad litem;

(2) Neither form of child pornography nor any portion thereof shall be divulged to any
other person, except as necessary for investigation, prosecution or trial; and

(3) No person shall be granted access to any form of child pornography or any part
thereof unless he/she signs a written affirmation that he/she has received and read a
copy of the protection order; that he/she submits to the jurisdiction of the court with
 respect to the protective order; and that, in case of violation thereof, he/she will be
subject to the contempt power of the court; and

(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful
for any editor, publisher and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing the tri-media facilities or information technology to publish or
broadcast the names of the victims of any case of child pornography.

Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this
Act.

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child
who is a victim of any form of child pornography is provided appropriate care, custody and support
for their recovery and reintegration in accordance with existing laws.

The child and his family shall be entitled to protection as well as to the rights and benefits of
witnesses under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and
Benefit Act".

The child shall also be considered as a victim of a violent crime defined under Section 3(d)
of Republic Act No. 7309, otherwise known as "An Act Creating a Board of Claims under the
Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes
and for Other Purposes", so that the child may claim compensation therein.

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 correccionalin 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 pesos (Php3,000,000.00)
and revocation of its license to operate and immediate closure of the establishment;

(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 revocation of its license to operate;

(l) 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 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 operate and immediate closure of the establishment; and

(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).

Section 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within
the third degree of consanguinity or affinity or any person having control or moral
ascendancy over the child, the penalty provided herein shall be in its maximum
duration; Provided, That this provision shall not apply to Section 4(g) of this Act;
 (b) 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;

(c) 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; and

(d) The penalty provided for in this Act shall be imposed in its maximum duration if the
offender is a public officer or employee.

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child
Pornography. - In addition to the penalty imposed for the violation of this Act, the court shall order
the confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments
used in the commission of the crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall be taken from the personal and
separate properties of the offender; Provided, further, That if such properties are insufficient, the
deficiency shall be taken from the confiscated and forfeited proceeds, tools and instruments.

All proceeds derived from the sale of properties used for the commission of any form of child
pornography shall accrue to the special account of the DSWD which shall be used exclusively for the
implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense have been
destroyed diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the
same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the
amount equal to the value of the proceeds, tools and instruments used in the commission of the
offense.1avv phi 1

Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society concerned government agencies and
the LGUs shall make available the following services to victims of any form of child pornography:

(a) Emergency shelter or appropriate housing;

(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 remedies
available to them in a language understood by the child;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance.

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.
Section 19. Programs for Victims of Child Pornography. 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 or
psychological services, livelihood and skills training and educational assistance to the child
pursuant to Section 18 of this Act;

(b) Sponsorship of a national research program on any form of child pornography and other
acts covered by the law and the establishment of a data collection system for monitoring and
evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government
agencies and nongovernmental organizations:

(d) Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe , government, nongovernmental and international
organizations and

(e) Promotion of information and education campaign.

Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an
Inter-Agency Council against Child Pornography to be composed of the Secretary of the DSWD as
chairperson and the following as members:

(a) Secretary of the Department of Justice:

(b) Secretary of the Department of Labor and Employment

(c) Secretary of the Department of Science and Technology

(d) Chief of the Philippine National Police;

(e) Chairperson of the Commission on Information and Communications Technology;

(g) Commissioner of the National Telecommunications Commission;

(h) Executive Director of the Council for the Welfare of Children;

(i) Executive Director of the Philippine Center for Transnational Crimes;

(j) Executive Director of the Optical Media Board;

(k) Director of the National Bureau of Investigation; and

(l) Three (3) representatives from children's nongovernmental organizations. These

representatives shall be nominated by the government agency representatives of the Council
 for appointment by the President for a term of three (3) years and may be renewed upon
renomination and reappointment by the Council and the President respectively.

The members of the Council mat designate their permanent representatives, who shall have a rank
not lower than assistant secretary or its equivalent, to meetings and shall receive emoluments as
may be determined by the Council in accordance with existing budget and accounting rules and
regulations.

The DSWD shall establish the necessary Secretariat for the Council.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate comprehensive and integrated plans and programs to prevent and suppress
any form of child pornography;

(b) Promulgate rules and regulations as may be necessary for the effective implementation
of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various members agencies effectively
address the issues and problems attendant to child pornography;

(e) Conduct and coordinate massive information disseminations and campaign on the
existence of the law and the various issues and problems attendant to child pornography;

(f) Direct other agencies to immediately respond to the problems brought to their attention
and report to the Council on the action taken;

(g) Assist in the filling of cases against individuals, agencies, institutions or establishments
that violate the provisions of this Act;

(h) Formulate a program for the reintegration of victims of child pornography;

(i) Secure from any department, bureau, office, agency or instrumentality of the government
or from NGOs and other civic organizations such assistance as may be needed to effectively
implement this Act;

(j) Complement the shared government information system relative to child abuse and
exploitation and ensure that the proper agencies conduct a continuing research and study on
the patterns and schemes of any form of child pornography which form basis for policy
formulation and program direction;

(k) develop the mechanism to ensure the timely, coordinated and effective response to cases
of child pornography;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among
foreign countries through bilateral and/or multilateral arrangements to prevent and suppress
any form of child pornography;
 (m) Adopt measures and policies to protect the rights and needs of the victims of child
pornography who are foreign nationals in the Philippines;

(n) maintain a database of cases of child pornography;

(o) Initiate training programs in identifying and providing the necessary intervention or
assistance to victims of child pornography.

(p) Submit to the President and the Congressional Oversight committee credited herein the
annual report on the policies, plans, programs and activities of the Council relative to the
implementation of this Act; and

(q) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.

Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on

transnational Organized Crime, the DOJ may execute the request of a foreign state for assistance in
the investigation or prosecution of any form of child pornography by: (1) conducting a preliminary
investigation against the offender and, if appropriate, to file the necessary charges in court; (2) giving
information needed by the foreign state; and (3) to apply for an order of forfeiture of any proceeds or
monetary instrument or properly located in the Philippines used in connection with child pornography
in the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution
thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at
all times recognized.

Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA),
shall endeavor to include child pornography among extraditable offenses in future treaties.

Section 24. Congressional Oversight Committee. -There is hereby created a Congressional

Oversight Committee composed of five (5) members from the Senate and five (5) members from the
House of Representatives. The members from the Senate shall be appointed by the Senate
President based on proportional representation of the parties or coalition therein with at least one (1)
member representing the Minority. The members from the House of Representative shall be
appointed by the Speaker, also based on proportional representation of the parties or coalitions
therein with the Chair of the House of Committee on Welfare of Children and at least one (1)
member representing the Minority

The Committee shall be headed by the respective Chairs of the Senate Committee on Youth,
Women and Family relations and the House of Representatives Committee on Justice. The
Secretariat of the Congressional Oversight Committee shall come from the existing Secretariat
personnel of the Committees of the Senate and the House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act, determine inherent
weakness and loopholes in the law. Recommend the necessary remedial legislator or administrative
measures and perform such other duties and functions as may be necessary to attain the objectives
of this Act.

Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child
Pornography Act and the operationalization of the Inter-Agency Council Against Child Pornography
shall be included in the annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child
pornography shall promulgate the necessary implementing rules and regulations within ninety (90)
days from the effectivity of this Act.

Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be
suppletorily applicable to this Act.

Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the
other provisions not affected thereby shall continue to be in full force and effect.

Section 29. Repealing Clause. - All laws, presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.

Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

EPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER
PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is
in flight from the moment all its external doors are closed following embarkation until any of such
doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less
than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be imposed upon any person committing such
violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the
aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or

rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, and explosive, flammable,
corrosive or poisonous substance or material.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the
preceding section in any cargo aircraft operating as a public utility within the Philippines shall be in
accordance with regulations issued by the Civil Aeronautics Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound,
which by chemical reaction liberates heat and gas at high speed and causes tremendous
pressure resulting in explosion. The term shall include but not limited to dynamites,
firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other
explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through
chemical reaction wears away, impairs or consumes any object. It shall include but not
limited to alkaline battery fluid packed with empty storage battery, allyl chloroformate,
allytrichlorosilane, ammonium dinitro-orthocresolate and other similar materials and
substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or
gaseous, which through chemical reactions kills, injuries or impairs a living organism or
person, and shall include but not limited to allyl isothiocyanate, ammunition (chemical, non-
explosive but containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide,
bromoacetone and other similar substances or materials.

Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least
five years but not more than ten years or by a fine of not less than ten thousand pesos but not more
than twenty thousand pesos: Provided, That if the violation is committed by a juridical person, the
penalty shall be imposed upon the manager, representative, director, agent or employee who
violated, or caused, directed, cooperated or participated in the violation thereof: Provided, further,
That in case the violation is committed in the interest of a foreign corporation legally doing business
in the Philippines, the penalty shall be imposed upon its resident agent, manager, representative or
director responsible for such violation and in addition thereto, the license of said corporation to do
business in the Philippines shall be revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty
provided in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a violation of
Sections three and four hereof, the person responsible therefor may be held liable in accordance
with the applicable provisions of the Revised Penal Code.

Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for
hire are authorized to open and investigate suspicious packages and cargoes in the presence of the
owner or shipper, or his authorized representatives if present; in order to help the authorities in the
enforcement of the provisions of this Act: Provided, That if the owner, shipper or his representative
refuses to have the same opened and inspected, the airline or air carrier is authorized to refuse the
loading thereof.
Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain
among others the following condition printed thereon: "Holder hereof and his hand-carried
luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder
refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the
contract between the passenger and the air carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month
after the approval of this Act such regulations as are provided in Section four hereof and cause the
publication of such rules and regulations in the Official Gazette and in a newspaper of national
circulation for at least once a week for three consecutive weeks. Such regulations shall take effect
fifteen days after publication in the Official Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding section.