A. RA 9775: "Anti-Child Pornography Act of 2009.": Section 3. Definition of Terms.
A. RA 9775: "Anti-Child Pornography Act of 2009.": Section 3. Definition of Terms.
A. RA 9775: "Anti-Child Pornography Act of 2009.": 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
(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.
(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;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(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.
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of 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;
(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 persons come
to an agreement concerning the commission of any of the said prohibited acts and decide to
commit it; and
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any article, item, object or anything of value which
he knows, or should be known to him, to have been derived from the proceeds of the
crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than
12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the
latter sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the total penalty which
may be imposed shall not exceed twenty years. In such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto provided in the
Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value
of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000
pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value
of the property involved is more than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property involved is over 50 pesos but not exceeding
200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos
but not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5
pesos.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or thievery shall be prima facie
evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all
stores, establishments or entities dealing in the buy and sell of any good, article item, object of
anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering
the same for sale to the public, secure the necessary clearance or permit from the station
commander of the Integrated National Police in the town or city where such store,
establishment or entity is located. The Chief of Constabulary/Director General, Integrated
National Police shall promulgate such rules and regulations to carry out the provisions of this
section. Any person who fails to secure the clearance or permit required by this section or who
violates any of the provisions of the rules and regulations promulgated thereunder shall upon
conviction be punished as a fence. lawphi1.net
(a) "Government" includes the national government, the local governments, the
government-owned and government-controlled corporations, and all other
instrumentalities or agencies of the Republic of the Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent
or temporary, whether in the classified or unclassified or exempt service receiving
compensation, even nominal, from the government as defined in the preceding
subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a
person other than a member of the public officer's immediate family, in behalf of himself
or of any member of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the circumstances manifestly
excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates
otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or
transaction between the Government and any other part, wherein the public officer in
his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer,
in any manner or capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall apply to officers and employees of
offices or government corporations charged with the grant of licenses or permits or
other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification,
to act within a reasonable time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or discriminating against any other
interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer profited or
will profit thereby.
(i) Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of
any person not qualified for or not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one who is not so qualified or
entitled.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs
(b) and (c); or offering or giving to the public officer the employment mentioned in
subparagraph (d); or urging the divulging or untimely release of the confidential information
referred to in subparagraph (k) of this section shall, together with the offending public officer,
be punished under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having
family or close personal relation with any public official to capitalize or exploit or take
advantage of such family or close personal relation by directly or indirectly requesting or
receiving any present, gift or material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with the government, in which
such public official has to intervene. Family relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The word "close personal relation" shall
include close personal friendship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official
to commit any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative,
by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the
Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not apply to any person
who, prior to the assumption of office of any of the above officials to whom he is related, has
been already dealing with the Government along the same line of business, nor to any
transaction, contract or application already existing or pending at the time of such assumption
of public office, nor to any application filed by him the approval of which is not discretionary on
the part of the official or officials concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully
performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member
of the Congress during the term for which he has been elected, to acquire or receive any
personal pecuniary interest in any specific business enterprise which will be directly and
particularly favored or benefited by any law or resolution authored by him previously approved
or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the
initiation in Congress of the enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having
such interest prior to the approval of such law or resolution authored or recommended by him,
continues for thirty days after such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the
approval of this Act or after assuming office, and within the month of January of every other
year thereafter, as well as upon the expiration of his term of office, or upon his resignation or
separation from office, shall prepare and file with the office of the corresponding Department
Head, or in the case of a Head of Department or chief of an independent office, with the Office
of the President, or in the case of members of the Congress and the officials and employees
thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn
statement of assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of income taxes paid
for the next preceding calendar year: Provided, That public officers assuming office less than
two months before the end of the calendar year, may file their statements in the following
months of January.
"Sec. 8. Prima facie evidence of and dismissal due to unexplained wealth. . (AMENDED BY BP
195, Approved on March 16, 1982) If in accordance with the provisions of Republic Act
Numbered One thousand three hundred seventy-nine, a public official has been found to have
acquired during his incumbency, whether in his name or in the name of other persons, an
amount of property and/or money manifestly out of proportion to his salary and to his other
lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of
the spouse and dependents of such public official may be taken into consideration, when their
acquisition through legitimate means cannot be satisfactorily shown. Bank deposits in the
name of or manifestly excessive expenditures incurred by the public official, his spouse or any
of their dependents including but not limited to activities in any club or association or any
ostentatious display of wealth including frequent travel abroad of a non-official character by
any public official when such activities entail expenses evidently our of proportion to legitimate
income, shall likewise be taken into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary. The circumstances hereinabove
mentioned shall constitute valid ground for the administrative suspension of the public official
concerned for an indefinite period until the investigation of the unexplained wealth is
completed."
"Sec. 9. Penalties for violations. . (AMENDED BY BP 195, Approved on March 16, 1982) (a) any
public officer or private person committing any of the unlawful acts or omissions enumerated
in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than six
years and one month nor more than fifteen years, perpetual disqualification from public office,
and confiscation or forfeiture in favor of the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his salary and other lawful income.
"Any complaining party at whose complaint the criminal prosecution was initiated shall, in
case of conviction of the accused, be entitled to recover in the criminal action with priority over
the forfeiture in favor of the Government, the amount of money or the thing he may have given
to the accused, or the fair value of such thing.
‘(b) Any public officer violating any of the provisions of Section 7 of this Act shall be punished
by a fine of not less than one thousand pesos nor more than five thousand pesos, or by
imprisonment not exceeding one year six months, or by both such fine and imprisonment, at
the discretion of the Court.1âwphi1
"The violation of said section proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted
against him."
"Sec. 10. Competent Court. (AMENDED BY BP 195, Approved on March 16, 1982)Until otherwise
provided by law, all prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan."
"Sec. 11. Prescription of offenses. (AMENDED BY BP 195, Approved on March 16, 1982) All
offenses punishable under this Act shall prescribe in fifteen years."
"Sec. 13. Suspension and loss of benefits. (AMENDED BY BP 195, Approved on March 16, 1982)
Any incumbent public officer against whom any criminal prosecution under a valid information
under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving
fraud upon government or public funds or property whether as a simple or as complex offense
and in whether stage of execution and mode of participation, is pending in court, shall be
suspended from office. Should he be convicted by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and
to the salaries and benefits which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed against him.
"In the event that such convicted officer, who may have already been separated from the
service, has already received such benefits he shall be liable to restitute the same to the
Government."
"(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice
made as a prerequisite for admission or a requirement for continuing membership in a
fraternity, sorority, or organization including, but not limited to paddling, whipping, beating,
branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor,
beverage, drug or other substance, or any other brutal treatment or forced physical activity
which is likely to adversely affect the physical and psychological health of such recruit,
neophyte, applicant, or member. This shall also include any activity, intentionally made or
otherwise, by one person alone or acting with others, that tends to humiliate or embarrass,
degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do
menial, silly, or foolish tasks.
"(c) Organization refers to an organized body of people which includes, but it is not limited to,
any club, association, group, fraternity, and sorority. This term shall include the Armed Forces
of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy
(PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service
learning institutions.
Section 3. A new section to be denominated as Section 3 is hereby inserted in the same Act to
readas follows:
Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities,
and organizations in schools, including citizens' military training and citizens' army training.
This prohibition shall likewise apply to all other fraternities, sororities, and organizations that
are not school-based, such as community-based and other similar fraternities, sororities and
organizations: Provide, That the physical, mental, and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and the
PNP as approved by the Secretary of National Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be
considered as hazing purposes of this Act: Provided, further, That the exemption provided
herein shall likewise apply to similar procedures and practices approved by the respective
heads of other uniformed learning institutions as to their prospective members, nor shall this
provision apply to any customary athletic events or other similar contests or competitions or
any activity or conduct that furthers a legal and legitimate objective, subject to prior
submission of a medical clearance or certificate.
"In no case shall hazing be made a requirement for employment in any business or
corporation."
"Sec. 4. Regulation of Schoo-Based Initiation Rites. Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided, That:
"(a) A written application to conduct initiation rites shall be made to the proper authorities of
the school not later than seven (7) days prior to scheduled initiation date;
"(b) The written application shall indicate the place and date of the initiation rites and the
names of the recruits, neophytes, or applicants to be initiated and the manner by which they
will conduct the initiation rites;
"(d) The initiation rites shall not last more than three (3) days;
"(e) The application shall contain the names of the incumbent officers of the fraternity, sorority,
or organization and any person or persons who will take charge in the conduct of the initiation
rites;
"(f) The application shall be under oath with a declaration that it has been posted in the official
school bulletin board, the bulletin board of the office of the fraternity, sorority, or organization,
and two(2) other conspicuous places in the school or in the premises of the organization; and
"(g) The application shall be posted from the time of submission of the written notice to the
school authorities or head of organization and shall only be removed from its posting three (3)
days after the conduct of the initiation rites.
"The school, fraternity, sorority, or organization shall provide for their respective bulletin
boards for purposes of this section.1âwphi1
"Guidelines for the approval or denial of the application to conduct initiation rites by a
registered fraternity, sorority, organization shall be promulgated by the appropriate school
official not later than sixty (60) days after the approval of this Act. The appropriate school
authorities shall have the obligation to disapproved the application to conduct initiation rites
that do not conform with any of the requirements of this section, and in unequivocal terms in a
formal advice to the fraternity sorority, or organization concerned, taking into consideration the
safety and security of participants in the activity.
"School officials shall have the authority to impose after due notice and summary hearing,
disciplinary sanctions, in accordance with the school's guidelines and regulations on the
matter, which shall include, but shall not be limited to, reprimand, suspension, exclusion, or
expulsion, to the head and all other officers of the fraternity, sorority and organization which
conducts an initiation without first securing the necessary approval of the school as required
under this section. All members of the fraternity, sorority, or organization, who participated in
the unauthorized initiation rites, even if no hazing was conducted, shall also be punished
accordingly.
"In case the written application for the conduct of initiation rites contains false or inaccurate
information, appropriate disciplinary sanctions in accordance with the school's guidelines and
regulations on the matter ranging from reprimand to expulsion shall be imposed, after due
notice and summary hearing, against the person who prepared the application or supplied the
false and inaccurate information and to the head and other officers of the fraternity, sorority,
or organization concerned."
Sec. 5. Monitoring of Initiation Rites.- The head of the school or an authorized representative
must assign at least two (2) representatives of the school to be present during the initiation. It
is the duty of the school representatives to see to it that no hazing is conducted during the
initiation rites and to document the entire proceedings. Thereafter, said representatives who
were present during the initiation shall make a report of the initiation rites to the appropriate
officials of the school regarding the conduct of the said initiation: Provided, That if hazing is
still committed despite their presence, no liability shall attach to them unless it is proven that
they failed to perform an overt act to prevent or stop the commission thereof."
D. RA 9160: “Anti-Money Laundering Act of 2001.”
SEC. 3. Definitions. — For purposes of this Act, the following terms are hereby defined as
follows:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP);
(2) insurance companies and all other institutions supervised or regulated by the Insurance
Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant, (ii)
mutual funds, closed-end investment companies, common trust funds, pre-need companies
and other similar entities, (iii) foreign exchange corporations, money changers, money
payment, remittance, and transfer companies and other similar entities, and (iv) other entities
administering or otherwise dealing in currency, commodities or financial derivatives based
thereon, valuable objects, cash substitutes and other similar monetary instruments or property
supervised or regulated by Securities and Exchange Commission.
It likewise refers to a single, series or combination or pattern of unusually large and complex
transactions in excess of Four million Philippine pesos (Php4,000,000.00) especially cash
deposits and investments having no credible purpose or origin, underlying trade obligation or
contract.
(1) coins or currency of legal tender of the Philippines, or of any other country;
(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust
certificates, custodial receipts or deposit substitute instruments, trading orders, transaction
tickets and confirmations of sale or investments and money market instruments; and
(4) other similar instruments where title thereto passes to another by endorsement, assignment
or delivery.
(d) “Offender” refers to any person who commits a money laundering offense.
(h) “Transaction” refers to any act establishing any right or obligation or giving rise to any
contractual or legal relationship between the parties thereto. It also includes any movement of
funds by any means with a covered institution.
(i) “Unlawful activity” refers to any act or omission or series or combination thereof involving or
having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised
Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended, otherwise
known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended; otherwise
known as the Anti-Graft and Corrupt Practices Act;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised
Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree
No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act
of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those perpetrated by
terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known
as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other
countries.
SEC. 4. Money Laundering Offense. — Money laundering is a crime whereby the proceeds of an
unlawful activity are transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to
be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.
SEC. 5. Jurisdiction of Money Laundering Cases. — The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the jurisdiction
of the Sandiganbayan.
(a) Any person may be charged with and convicted of both the offense of money laundering and
the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing and
other remedies provided.
(a) "Broadcast" means to make public, by any means, a visual image with the intent
that it be viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by
any means, or broadcast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a
person or group of persons performing sexual act or any similar activity or of capturing
an image of the private area of a person or persons without the latter's consent, under
circumstances in which such person/s has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting
the photo or video coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device without the written
consent of the person/s involved, notwithstanding that consent to record or take photo
or video coverage of same was given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public
area, buttocks or female breast of an individual.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s such
as the naked or undergarment clad genitals, public area, buttocks or female breast
without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not
more than seven (7) years and a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the
discretion of the court shall be imposed upon any person found guilty of violating Section 4 of
this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed
revoked and the persons liable shall be the officers thereof including the editor and reporter in
the case of print media, and the station manager, editor and broadcaster in the case of a
broadcast media.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving
his/her sentence and payment of fines.