Today is Friday, June 14, 2024

Fourteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009".

Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees full respect
for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person.

Section 3. Definition of Terms. - For purposes of this Act, the term:

(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.

(c) "Female breast" means any portion of the female breast.

(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.

(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she
could disrobe in privacy, without being concerned that an image or a private area of the person was being
captured; or circumstances in which a reasonable person would believe that a private area of the person would
not be visible to the public, regardless of whether that person is in a public or private place.

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;
 (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.

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 a public officer or employee, or a professional, he/she shall be administratively liable.

If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines.

Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who
is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation
or trial of the crime of photo or video voyeurism: Provided, That such written order shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon
showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be
committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of
such, crime.

Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.1avvphi1

Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not
affected thereby shall remain valid and subsisting.

Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction , administrative
order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or
in two(2) newspapers of general circulation.

Approved

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2357 and House Bill No. 6571 was finally passed by the Senate and the
House of Representatives on December 1, 2009 and November 18, 2009, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Represenatives
Approved: FEB 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

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Fifteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

REPUBLIC ACT NO. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
PRELIMINARY PROVISIONS

Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.

Section 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as
content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social
and economic development. The State also recognizes the importance of providing an environment conducive to the
development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain
free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity
of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability
of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law
such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by
facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing
arrangements for fast and reliable international cooperation.

Section 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making
use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

(c) Communication refers to the transmission of information through ICT media, including voice, video and other
forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage
functions and which includes any storage facility or equipment or communications facility or equipment directly
related to or operating in conjunction with such device. It covers any type of computer device including devices
with data processing capabilities like mobile phones, smart phones, computer networks and other devices
connected to the internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing
in a computer system including a program suitable to cause a computer system to perform a function and
includes electronic documents and/or electronic data messages whether stored in local computer systems or
online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.

(g) Computer system refers to any device or group of interconnected or related devices, one or more of which,
pursuant to a program, performs automated processing of data. It covers any type of device with data processing
capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and
software may include input, output and storage components which may stand alone or be connected in a network
or other similar devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not
covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes
place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of
or interference with such system and assets would have a debilitating impact on security, national or economic
security, national public health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best
practices, assurance and technologies that can be used to protect the cyber environment and organization and
user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being
prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are
intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications,
including procuring of the content of data, either directly, through access and use of a computer system or
indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by means of
a computer system; and
 (2) Any other entity that processes or stores computer data on behalf of such communication service or
users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer data or any other form
that is held by a service provider, relating to subscribers of its services other than traffic or content data and by
which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period of
service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any
assigned network address, billing and payment information, available on the basis of the service
agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment, available on
the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the communication
including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of
underlying service.

CHAPTER II
PUNISHABLE ACTS

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic emissions
from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data message, without right, including the introduction
or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program, electronic document, or electronic data
message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available,
without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of
a computer system is capable of being accessed with intent that it be used for the purpose
of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use
said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from registering the same, if such a domain name is:
 (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a
personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data
with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as
defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or
program or interference in the functioning of a computer system, causing damage thereby with fraudulent
intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical, without
right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree
lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any
lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or
consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No.
9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That
the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775. 1âwphi1

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer for sale products
and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements
from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way
for the recipient to reject. receipt of further commercial electronic messages (opt-out) from
the same source;

(bb) The commercial electronic communication does not purposely disguise the source of
the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.
 (4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer system or any other similar means which may be devised in
the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses
enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through
and with the use of information and communications technologies shall be covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code,
as amended, and special laws, as the case may be.

Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any
provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act
shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a
maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a
fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at
least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both,
shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with
imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million
pesos (PhPl,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the
penalties as enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act of 2009″: Provided, That the penalty to be
imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment
of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1)
degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos
(PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

Section 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the
benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a
leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the
scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls
within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be
held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a
natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person
acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in
Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has
committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

Section 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP)
shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall
organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

Section 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is
given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the
computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and
regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to
the Department of Justice (DOJ) for review and monitoring.

Section 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect
or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by
means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service,
but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-
stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under
oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to
believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed:
(2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person
for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for
obtaining such evidence.

Section 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication
services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the
transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law
enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data
preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider
of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the
termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

Section 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order
requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its
possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed
and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

Section 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the
law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

 (c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and
communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the
computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the
necessary information, to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage
medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

Section 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper
warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed
package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times
covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law
enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made,
that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be
opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall
not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or
communications have been recorded.

Section 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service
providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data
subject of a preservation and examination.

Section 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be
inadmissible for any proceeding before any court or tribunal.

Section 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of
the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

Section 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law
enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision
correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement authorities.

CHAPTER V
JURISDICTION

Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act.
including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the
elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the
country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Section 22. General Principles Relating to International Cooperation. — All relevant international instruments on international
cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the
widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ designated as the
central authority in all matters related to international mutual assistance and extradition.

Section 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty (30) days from the
effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under
the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the
formulation and enforcement of the national cybersecurity plan.

Section 25. Composition. — The CICC shall be headed by the Executive Director of the Information and Communications
Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI
as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private
sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies. 1âwphi 1

Section 26. Powers and Functions. — The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time
commission of cybercrime offenses through a computer emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime
activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units and nongovernment
organizations in cybercrime prevention programs and other related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated
tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and
such other functions and duties as may be necessary for the proper implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated annually for the
implementation of this Act.

Section 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and Local
Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act,
for its effective implementation.

Section 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in full
force and effect.

Section 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed or modified
accordingly. Section 33(a) of Republic Act No. 8792 or the "Electronic Commerce Act" is hereby modified accordingly.

Section 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the
House of Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

The Lawphil Project - Arellano Law Foundation

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Seventeenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11313

An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or
Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:

Section 1. Short Title. -This Act shall be known as the "Safe Spaces Act".

Section 2. Declaration of Policies. -It is the policy of the State to value the dignity of every human person and guarantee full
respect for human rights. It is likewise the policy of the State to recognize the role of women in nation-building and ensure the
fundamental equality before the law of women and men. The State also recognizes that both men and women must have
equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and
training institutions.
Section 3. Definition of Terms. -As used in this Act:

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling
and misogynistic, transphobic, homophobic, and sexist slurs;

(b) Employee refers to a person, who in exchange for remuneration, agrees to perform specified services for
another person, whether natural or juridical, and whether private or public, who exercises fundamental control
over the work, regardless of the term or duration of agreement: Provided, That for the purposes of this law, a
person who is detailed to an entity under a subcontracting or secondment agreement shall be considered an
employee;

(c) Employer refers to a person who exercises control over an employee: Provided, That for the purpose of this
Act, the status or conditions of the latter’s employment or engagement shall be disregarded;

(d) Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations
identifying the social behavior of men and women, and the relations between them;

(e) Gender-based online sexual harassment refers to an online conduct targeted at a particular person that
causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual
harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one’s
photos without consent, video and audio recordings, cyberstalking and online identity theft;

(f) Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by
manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may
have a male or female identity with physiological characteristics of the opposite sex in which case this person is
considered transgender:

(g) Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility
vehicles as well as private vehicles covered by app-based transport network services and other recreational
spaces such as, but not limited to, cinema halls, theaters and spas; and

(h) Stalking refers to conduct directed at a person involving the repeated visual or physical proximity, non-
consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own
safety or the safety of others, or to suffer emotional distress.

ARTICLE I
GENDER-BASED STREETS AND PUBLIC SPACES

SEXUAL HARASSMENT

Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of gender-based streets and public
spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person
regardless of the motive for committing such action or remarks.

Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations,
misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance,
relentless requests for personal details, statement of sexual comments and suggestions, public masturbation or flashing of
private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal
space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of
gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants,
malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks, Hotels and
Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public. -Restaurants, bars, cinemas, malls,
buildings and other privately-owned places open to the public shall adopt a zero-tolerance policy against gender-based streets
and public spaces sexual harassment. These establishments are obliged to provide assistance to victims of gender-based sexual
harassment by coordinating with local police authorities immediately after gender-based sexual harassment is reported, making
CCTV footage available when ordered by the court, and providing a safe gender-sensitive environment to encourage victims to
report gender-based sexual harassment at the first instance.

All restaurants, bars, cinemas and other places of recreation shall install in their business establishments clearly-visible warning
signs against gender-based public spaces sexual harassment, including the anti-sexual harassment hotline number in bold
letters, and shall designate at least one (1) anti-sexual harassment officer to receive gender-based sexual harassment
complaints. Security guards in these places may be deputized to apprehend perpetrators caught in flagrante delicto and are
required to immediately coordinate with local authorities.

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. -In addition to the penalties in this Act, the Land
Transportation Office (LTO) may cancel the license of perpetrators found to have committed acts constituting sexual harassment
in public utility vehicles, and the Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the
franchise of transportation operators who commit gender-based streets and public spaces sexual harassment acts. Gender-
based sexual harassment in public utility vehicles (PUVs) where the perpetrator is the driver of the vehicle shall also constitute a
breach of contract of carriage, for the purpose of creating a presumption of negligence on the part of the owner or operator of the
vehicle in the selection and supervision of employees and rendering the owner or operator solidarity liable for the offenses of the
employee.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors. -In case the offense is
committed by a minor, the Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures
as provided for under Republic Act No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006".

Section 8. Duties of Local Government Units (LGUs). -local government units (LGUs) shall bear primary responsibility in
enforcing the provisions under Article I of this Act. LGUs shall have the following duties:

(a) Pass an ordinance which shall localize the applicability of this Act within sixty (60) days of its effectivity;

(b) Disseminate or post in conspicuous places a copy of this Act and the corresponding ordinance;

(c) Provide measures to prevent gender-based sexual harassment in educational institutions, such as information
campaigns and anti-sexual harassment seminars;

(d) Discourage and impose fines on acts of gender-based sexual harassment as defined in this Act;

(e) Create an anti-sexual harassment hotline; and

(f) Coordinate with the Department of the Interior and Local Government (DILG) on the implementation of this Act.

Section 9. Role of the DILG. -The DILG shall ensure the full implementation of this Act by:

(a) Inspecting LGUs if they have disseminated or posted in conspicuous places a copy of this Act and the
corresponding ordinance;

(b) Conducting and disseminating surveys and studies on best practices of LGUs in implementing this Act; and

(c) Providing capacity-building and training activities to build the capability of local government officials to
implement this Act in coordination with the Philippine Commission on Women (PCW). the Local Government
Academy (LGA) and the Development Academy of the Philippines (DAP).

Section 10. Implementing Bodies for Gender-Based Sexual Harassment in Streets and Public Spaces. -The Metro Manila
Development Authority (MMDA), the local units of the Philippine National Police (PNP) for other provinces, and the Women and
Children’s Protection Desk (WCPD) of the PNP shall have the authority to apprehend perpetrators and enforce the
law: Provided, That they have undergone prior Gender Sensitivity Training (GST). The PCW. DILG and Department of
Information and Communications Technology (DICT) shall be the national bodies responsible for overseeing the implementation
of this Act and formulating policies that will ensure the strict implementation of this Act.

For gender-based streets and public spaces sexual harassment, the MMDA and the local units of the PNP for the provinces shall
deputize its enforcers to be Anti-Sexual Harassment Enforcers (ASHE). They shall be deputized to receive complaints on the
street and immediately apprehend a perpetrator if caught in flagrante delicto. The perpetrator shall be immediately brought to the
nearest PNP station to face charges of the offense committed. The ASHE unit together with the Women’s and Children’s Desk of
PNP stations shall keep a ledger of perpetrators who have committed acts prohibited under this Act for purposes of determining if
a perpetrator is a first-time, second-time or third-time offender. The DILG shall also ensure that all local government bodies
expedite the receipt and processing of complaints by setting up an Anti-Sexual Harassment Desk in all barangay and city halls
and to ensure the set-up of CCTVs in major roads, alleys and sidewalks in their respective areas to aid in the filing of cases and
gathering of evidence. The DILG, the DSWD in coordination with the Department of Health (DOH) and the PCW shall coordinate
if necessary to ensure that victims are provided the proper psychological counseling support services.
Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. -The following acts
are unlawful and shall be penalized as follows:

(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted
invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s
appearance, relentless requests for one’s personal details such as name, contact and social media details or
destination, the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation,
identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent
telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an
invasion on a person’s personal space or threatens the person’s sense of personal safety –

(1) The first offense shall be punished by a fine of One thousand pesos (₱1,000.00) and community
service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by
the PNP in coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three thousand
pesos (₱3,000.00);

(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand
pesos (₱10,000.00).

(b) For acts such as making offensive body gestures at someone, and exposing private parts for the sexual
gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the offended
party including flashing of private parts, public masturbation, groping, and similar lewd sexual actions –

(1) The first offense shall he punished by a fine of Ten thousand pesos (₱10,000.00) and community
service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by
the PNP in coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of Fifteen thousand
pesos (₱15,000.00);

(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of
Twenty thousand pesos (₱20,000.00).

(c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when
accompanied by touching, pinching or brushing against the body of the offended person; or any touching,
pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any
part of the victim’s body even when not accompanied by acts mentioned in Section 11 paragraphs (a) and (b) –

(1) The first offense shall be punished by arresto rnenor (11 to 30 days) or a line of Thirty thousand pesos
(₱30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar, to be conducted by
the PNP in coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6 months) or a fine of
Fifty thousand pesos (₱50,000.00);

(3) The third offense shall be punished by arresto mayor in its maximum period or a fine of One hundred
thousand pesos (₱100,000.00).

ARTICLE II
GENDER-BASED ONLINE SEXUAL HARASSMENT

Section 12. Gender-Based Online Sexual Harassment. -Gender-based online sexual harassment includes acts that use
information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional
threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or
through direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and
sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any
unauthorized recording and sharing of any of the victim’s photos, videos, or any information online, impersonating identities of
victims online or posting lies about victims to harm their reputation, or filing, false abuse reports to online platforms to silence
victims.
Section 13. Implementing Bodies for Gender-Based Online Sexual Harassment. -For gender-based online sexual harassment,
the PNP Anti-Cybercrime Group (PNPACG) as the National Operational Support Unit of the PNP is primarily responsible for the
implementation of pertinent Philippine laws on cybercrime, shall receive complaints of gender-based online sexual harassment
and develop an online mechanism for reporting real-time gender-based online sexual harassment acts and apprehend
perpetrators. The Cybercrime Investigation and Coordinating Center (CICC) of the DICT shall also coordinate with the PNPACG
1âшphi1

to prepare appropriate and effective measures to monitor and penalize gender-based online sexual harassment.

Section 14. Penalties for Gender-Based Online Sexual Harassment. -The penalty of prision correccional in its medium period or
a fine of not less than One hundred thousand pesos (₱100,000.00) but not more than Five hundred thousand pesos
(₱500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of any gender-based online
sexual harassment.

If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the persons liable shall
be the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster
in the case of broadcast media. An alien who commits gender-based online sexual harassment shall be subject to deportation
proceedings after serving sentence and payment of fines.

Exemption to acts constitutive and penalized as gender-based online sexual harassment are authorized written orders of the
court for any peace officer to use online records or any copy thereof as evidence in any civil, criminal investigation or trial of the
crime: Provided, That such written order shall only be issued or granted upon written application and the examination under oath
or affirmation of the applicant and the witnesses may produce, and upon showing that there are reasonable grounds to believe
that gender-based online sexual harassment has been committed or is about to be committed, and that the evidence to be
obtained is essential to the conviction of any person for, or to the solution or prevention of such crime.

Any record, photo or video, or copy thereof of any person that is in violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES

AND ONLINE SEXUAL HARASSMENT

Section 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. -The penalty next higher in degree
will be applied in the following cases:

(a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys, taxis, tricycles, or
app-based transport network vehicle services, where the perpetrator is the driver of the vehicle and the offended
party is a passenger;

(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding mother
nursing her child;

(c) If the offended party is diagnosed with a mental problem tending to impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed Forces of the
Philippines (AFP), and the act was perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering frontline services to the public and the
perpetrator is a government employee.

ARTICLE IV
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

Section 16. Gender-Based Sexual Harassment in the Workplace. -The crime of gender-based sexual harassment in the
workplace includes the following:

(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or
any act of sexual nature, whether done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information and communication systems, that has or
could have a detrimental effect on the conditions of an individual’s employment or education, job performance or
opportunities;
 (b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is
unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through any other forms of information and
communication systems;

(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for
the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between
peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a
trainee; and

(d) Information and communication system refers to a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and includes the computer system or
other similar devices by or in which data are recorded or stored and any procedure related to the recording or
storage of electronic data messages or electronic documents.

Section 17. Duties of Employers. -Employers or other persons of authority, influence or moral ascendancy in a workplace shall
have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace. Towards
this end, the employer or person of authority, influence or moral ascendancy shall:

(a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace;

(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-
sexual harassment seminars;

(c) Create an independent internal mechanism or a committee on decorum and investigation to investigate and
address complaints of gender-based sexual harassment which shall:

(1) Adequately represent the management, the employees from the supervisory rank, the rank-and-file
employees, and the union, if any;

(2) Designate a woman as its head and not less than half of its members should be women;

(3) Be composed of members who should be impartial and not connected or related to the alleged
perpetrator;

(4) Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;

(5) Observe due process;

(6) Protect the complainant from retaliation; and

(7) Guarantee confidentiality to the greatest extent possible;

(d) Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace
policy which shall:

(1) Expressly reiterate the prohibition on gender-based sexual harassment;

(2) Describe the procedures of the internal mechanism created under Section 17(c) of this Act; and

(3) Set administrative penalties.

Section 18. Duties of Employees and Co-Workers. -Employees and co-workers shall have the duty to:

(a) Refrain from committing acts of gender-based sexual harassment;

(b) Discourage the conduct of gander-based sexual harassment in the workplace;

(c) Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of
gender-based sexual harassment; and
 (d) Report acts of gender-based sexual harassment witnessed in the workplace.

Section 19. Liability of Employers.— In addition to liabilities for committing acts of gender-based sexual harassment, employers
may also be held responsible for:

(a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions; or

(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five
thousand pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than Ten
thousand pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).

Section 20. Routine Inspection. -The Department of Labor and Employment (DOLE) for the private sector and the Civil Service
Commission (CSC) for the public sector shall conduct yearly spontaneous inspections to ensure compliance of employers and
employees with their obligations under this Act.

ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN
EDUCATIONAL AND TRAINING INSTITUTIONS

Section 21. Gender-Based Sexual Harassment in Educational and Training Institutions.— All schools, whether public or private,
shall designate an officer-in-charge to receive complaints regarding violations of this Act, and shall, ensure that the victims are
provided with a gender-sensitive environment that is both respectful to the victims’ needs and conducive to truth-telling.

Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and faculty members.
Even if an individual does not want to file a complaint or does not request that the school take any action on behalf of a student
or faculty member and school authorities have knowledge or reasonably know about a possible or impending act of gender-
based sexual harassment or sexual violence, the school should promptly investigate to determine the veracity of such information
or knowledge and the circumstances under which the act of gender-based sexual harassment or sexual violence were
committed, and take appropriate steps to resolve the situation. If a school knows or reasonably should know about acts of
gender-based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take
immediate action to eliminate the same acts, prevent their recurrence, and address their effects.

Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or
issue an expulsion order.

The Committee on Decorum and Investigation (CODI) of all educational institutions shall address gender-based sexual
harassment and online sexual harassment in accordance with the rules and procedures contained in their CODI manual.

Section 22. Duties of School Heads. -School heads shall have the following duties:

(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;

(b) Provide measures to prevent gender-based sexual harassment in educational institutions, like information
campaigns;

(c) Create an independent internal mechanism or a CODI to investigate and address complaints of gender-based
sexual harassment which shall:

(1) Adequately represent the school administration, the trainers, instructors, professors or coaches and
students or trainees, students and parents, as the case may be;

(2) Designate a woman as its head and not less than half of its members should be women;

(3) Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the
CODI as far as practicable;
 (4) Be composed of members who should be impartial and not connected or related to the alleged
perpetrator;

(5) Investigate and decide on complaints within ten (10) days or less upon receipt, thereof;

(6) Observe due process;

(7) Protect the complainant from retaliation; and

(8) Guarantee confidentiality to the greatest extent possible.

(d) Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or
school policy which shall:

(1) Expressly reiterate the prohibition on gender-based sexual harassment;

(2) Prescribe the procedures of the internal mechanism created under this Act; and

(3) Set administrative penalties.

Section 23. Liability of School Heads.— In addition to liability for committing acts of gender-based sexual harassment, principals,
school heads, teachers, instructors, professors, coaches, trainers, or any odier person who has authority, influence or moral
ascendancy over another in an educational or training institution may also be held responsible for:

(a) Non-implementation of their duties under Section 22 of this Act, as provided in the penal provisions; or

(b) Failure to act on reported acts of gender-based sexual harassment committed in the educational institution.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five
thousand pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than Ten
thousand pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).

Section 24. Liability of Students.— Minor students who are found to have committed acts of gender-based sexual harassment
shall only be held liable for administrative sanctions by the school as stated in their school handbook.

Section 25. Routine Inspection.— The Department of Education (DepEd), the Commission on Higher Education (CHED), and
the Technical Education and Skills Development Authority (TESDA) shall conduct regular spontaneous inspections to ensure
compliance of school heads with their obligations under this Act.

ARTICLE VI
COMMON PROVISIONS

Section 26. Confidentiality.— At any stage of the investigation, prosecution and trial of an offense under this Act, the rights of the
victim and the accused who is a minor shall be recognized.

Section 27. Restraining Order.— Where appropriate, the court, even before rendering a final decision, may issue an order
directing the perpetrator to stay away from the offended person at a distance specified by the court, or to stay away from the
residence, school, place of employment, or any specified place frequented by the offended person.

Section 28. Remedies and Psychological Counselling.— A victim of gender-based street, public spaces or online sexual
harassment may avail of appropriate remedies as provided for under the law as well as psychological counselling services with
the aid of the LGU and the DSWD, in coordination with the DOH and the PCW. Any fees to be charged in the course of a victim’s
availment of such remedies or psychological counselling services shall be borne by the perpetrator.

Section 29. Administrative Sanctions.— Above penalties are without prejudice to any administrative sanctions that may be
imposed if the perpetrator is a government employee.

Section 30. Imposition of Heavier Penalties.— Nothing in this Act shall prevent LGUs from coming up with ordinances that
impose heavier penalties for the acts specified herein.
Section 31. Exemptions.— Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in
public shall not be penalized.

ARTICLE VII
FINAL PROVISIONS

Section 32. PNP Women and Children’s Desks.— The women and children’s desks now existing in all police stations shall act
on and attend to all complaints covered under this Act. They shall coordinate with ASHE officers on the street, security guards in
privately-owned spaces open to the public, and anti-sexual harassment officers in government and private offices or schools in
the enforcement of the provisions of this Act.

Section 33. Educational Modules and Awareness Campaigns.— The PCW shall take the lead in a national campaign for the
awareness of the law. The PCW shall work hand-in-hand with the DILG and duly accredited women’s groups to ensure all LGUs
participate in a sustained information campaign and the DICT to ensure an online campaign that reaches a wide audience of
Filipino internet-users. Campaign materials may include posters condemning different forms of gender-based sexual harassment,
informing the public of penalties for committing gender-based sexual harassment, and infographics of hotline numbers of
authorities.

All schools shall educate students from the elementary to tertiary level about the provisions of this Act and how they can report
cases of gender-based streets, public spaces and online sexual harassment committed against them. School courses shall
include age-appropriate educational modules against gender-based streets, public spaces and online sexual harassment which
shall be developed by the DepEd, the CHED, the TESDA and the PCW.

Section 34. Safety Audits. -LGUs are required to conduct safety audits every three (3) years to assess the efficiency and
effectivity of the implementation of this Act within their jurisdiction. Such audits shall be multisectoral and participatory, with
consultations undertaken with schools, police officers, and civil society organizations.

Section 35. Appropriations.— Such amounts as may be necessary for the implementation of this Act shall be indicated under the
annual General Appropriations Act (GAA). National and local government agencies shall be authorized to utilize their mandatory
Gender and Development (GAD) budget, as provided under Republic Act No. 9710, otherwise known as "The Magna Carta of
Women" for this purpose. In addition, LGUs may also use their mandatory twenty percent (20%) allocation of them annual
internal revenue allotments for local development projects as provided under Section 287 of Republic Act No. 7160, otherwise
known as the "Local Government Code of 1991".

Section 36. Prescriptive Period.— Any action arising from the violation of any of the provisions of this Act shall prescribe as
follows:

(a) Offenses committed under Section 11(a) of this Act shall prescribe in one (1) year;

(b) Offenses committed under Section 11(b) of this Act shall prescribe in three (3) years;

(c) Offenses committed under Section 11(c) of this Act shall prescribe in ten (10) years;

(d) Offenses committed under Section 12 of this Act shall be imprescriptible; and

(e) Offenses committed under Sections 16 and 21 of this Act shall prescribe in five (5) years.

Section 37. Joint Congressional Oversight Committee.— There is hereby created a Joint Congressional Oversight Committee to
monitor the implementation of this Act and to review the implementing rules and regulations promulgated. The Committee shall
be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the
House of Representatives, respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the Senate
Committee on Women, Children. Family Relations and Gender Equality and the House Committee on Women and Gender
Equality.

Section 38. Implementing Rules and Regulations (IRR).— Within ninety (90) days from the effectivity of this Act, the PCW as the
lead agency, in coordination with the DILG, the DSWD, the PNP, the Commission on Human Rights (CHR), the DOH, the DOLE,
the DepEd, the CHED, the DICT, the TESDA, the MMDA, the LTO, and at least three (3) women’s organizations active on the
issues of gender-based violence, shall formulate the implementing rules and regulations (IRR) of this Act.

Section 39. Separability Clause.— If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not
affected thereby shall remain valid and subsisting.
Section 40. Repealing Clause.— Any law, presidential decree or issuance, executive order, letter of instruction, administrative
order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

Section 41. Effectivity.— This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any two (2)
newspapers of general circulation in the Philippines.

Approved,

(Sgd) GLORIA MACAPAGAL-ARROYO

Speaker of the House of Representatives

(Sgd) VICENTE C. SOTTO III

President of the Senate

This Act which is a consolidation of Senate Bill No. 1558 and House Bill No. 8794 was passed by the Senate of the Philippines
and the House of Representatives on February 6, 2019.

(Sgd) DANTE ROBERTO P. MALING

Acting Secretary General
House of Representatives

(Sgd.) MYRA MARIE D. VILLARICA

Secretary of the Senate

(Sgd) RODRIGO ROA DUTERTE

President of the Philippines

Approved: April 17, 2019.

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Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.
 [ REPUBLIC ACT NO. 11930, July 30, 2022 ]

AN ACT PUNISHING ONLINE SEXUAL ABUSE OF EXPLOITATION OF CHILDREN, PENALIZING THE PRODUCTION,
DISTRIBUTION, POSSESSION AND ACCESS OF CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS, AMENDING
REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001”, AS AMENDED
AND REPEALING REPUBLIC ACT NO. 977, OTHERWISE KNOWN AS THE “ANTI-CHILD PORNOGRAPHY ACT OF 2009”

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-Online Sexual Abuse or Exploitation of Children (OSAEC) and
Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act."

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. Thus, it is the policy of the
State to provide special protections to children from all forms of sexual violence, abuse and exploitation especially those
committed with the use of information and communications technology (ICT), provide sanctions for their commission and carry
out programs for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation of children in
the digital and non-digital production, distribution or possession of child sexual abuse or exploitation material. 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 their development;

(b) Protect every child from all forms of abuse or exploitation, whether committed with or without the use of ICT,
such as when the abuse or exploitation involves:

(1) performances and materials through online or offline means or a combination of both; and

(2) the inducement or coercion of a child to engage or be involved in child sexual abuse or exploitation
materials through whatever means.

(c) Comply with international treaties concerning the rights of children to which the Philippines is a signatory or a
State party which include, but is not limited to, the United Nations (UN) Convention on the Rights of the Child, the
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography, the International Labour Organization (ILO) Convention No. 182 on the Elimination of the
Worst Forms of Child Labour, and the Convention against Transnational Organized Crime;

(d) Ensure the right of children to useful, meaningful and safe access to digital technologies that will provide
knowledge and develop their understanding of civil, political, cultural, economic and social rights and help them
achieve their potential to be empowered, responsible, law-abiding citizens, with the end in view of protecting them
from any form of violence online; and

(e) Provide paramount consideration to the interests of children in all actions affecting them, whether undertaken
by public or private social welfare institutions, courts of law, executive agencies, law enforcement agencies, local
government units (LGUs), legislative bodies, and private business enterprises especially those related to the
online safety and protection of children.

Section 3. Definition of Terms. — As used in this Act:

(a) Child refers to a person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical,
mental, intellectual or sensory disability or condition. For purposes 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 sexual abuse refers to any form of communication through any platform or format, or any physical
interaction between a child and any person when the child is being used for any act or activity inducing sexual
stimulation or for the purpose of sexual gratification or in pursuit of the desire to have carnal knowledge of the
child, regardless of the gender of the perpetrator or the victim, or the consent of the victim;

(c) Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM) refers to any
representation, whether offline, or by, through or with the use of ICT, by means of visual, video, audio, written, or
any combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child
engaged or involved in real or simulated sexual activities, or depicting acts of sexual abuse or exploitation of a
child as a sexual object. It shall also include materials that focus on the genitalia or other private body parts of a
child. For purposes of this Act, CSAEM may interchangeably be referred to as CSAM;

(d) Child sexual exploitation refers to any of the following acts even if consent appears to have been granted by
the child:

(1) Child sexual abuse with consideration whether monetary or nonmonetary consideration, favor, or
benefit in exchange for the opportunity to perform such abusive or exploitative act

(2) Actual sexual intercourse with a child or children with or without consideration;

(3) Employing fraud, machination, undue influence, intimidation, threat or deception by any person to
commit sexual abuse of or sexual intercourse with a child or children; or

(4) Any other similar or analogous acts related to child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the development of the child;

(e) Competent authority refers to law enforcement authority, investigating authority, prosecutor, court,
telecommunications/ICT regulator, cybercrime investigator/coordinator, data privacy regulator, or the National
Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM);

(f) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage
functions and which includes any storage facility or equipment or communications facility or equipment directly
related to or operating in conjunction with such device. It covers any type of computer device including devices
with data processing capabilities like mobile phones, smartphones, computer networks and other devices
connected to the internet;

(g) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing
in a computer system, including a suitable program that can enable a computer system to perform a function, and
electronic documents or electronic data messages whether stored in local computer systems or online;

(h) Content data refers to the content of the communication, the meaning or purport of the communication, or the
message or information being conveyed by the communication, other than traffic data, or subscriber's
information/registration information;

(i) Grooming refers to predatory conduct, act, or pattern of acts, of establishing a relationship of trust, or emotional
connection by another, with a child or someone who is believed to be a child, and/or the family, guardian, and/or
caregivers, whether in person or via electronic and other similar devices, for the purpose of perpetrating sexual
abuse or exploitation or the production of any form of CSAEM;

(j) Image-based sexual abuse (ISA) refers to a form of technology-facilitated sexual violence. The term describes
a pattern of behavior involving the nonconsensual creation, distribution, or threats to distribute nude or sexual
images. It includes a diversity of behaviors including, but not limited to, "sextortion scams," the use of artificial
intelligence to construct "deepfake" pornographic videos, threats to distribute photographs and videos; and the
taking or sharing of sexual assault imagery;

(k) Information and communications technology (ICT) refers to the totality of electronic means to access, create,
collect, store, process, receive, transmit, present and disseminate information;

(l) Internet address refers to the uniform resource locator or internet protocol address of an internet site;

(m) Internet asset includes internet site and any device that is engaged in peer-to-peer sharing of OSAEC and
CSAEM
(n) Internet café or kiosk refers to an establishment or any place or venue that offers or proposes to offer the use
of its computer/s or computer system for the purpose of accessing the internet, computer games or related
activities: Provided, That for purposes of this Act, non-formal business establishments that provide internet
services shall also be considered as internet café or kiosk;

(o) Internet hotspot refers to an establishment or any place or venue that offers access to the internet. It includes
hotels or motels, malls, restaurants, internet cafés or kiosks, public spaces or other related/similar places;

(p) Internet intermediaries refer to persons or entities that provide infrastructure, platforms, access to, and host,
transmit and index content, products and services originated by third parties on the internet. These include,
among others:

(1) Internet service providers;

(2) Web hosting providers including domain name registrars;

(3) Internet search engines and portals;

(4) E-commerce intermediaries;

(5) Internet payment system providers; and

(6) Participative network platform providers including social media intermediaries.

(q) Internet service provider (ISP) refers to a public telecommunication entity (PTE) or value-added service (VAS)
provider duly authorized by or registered with the National Telecommunications Commission (NTC) that provides
users or other entities with data connection allowing access to the internet through physical transport
infrastructure, and such access is necessary for internet users to access content and services on the internet, and
for content providers to publish or distribute materials online;

(r) Internet site refers to a website, bulletin board service, internet chat room, newsgroup, or any other internet or
shared network protocol address;

(s) 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 CSAEM;

(t) Online sexual abuse or exploitation of children (OSAEC) refers to the use of ICT as a means to abuse and/or
exploit children sexually, which includes cases in which offline child abuse and/or exploitation is combined with an
online component. This can also include, but is not limited to, the production, dissemination and possession of
CSAEM; online grooming of children for sexual purposes; sexual extortion of children, sharing image-based
sexual abuse; commercial sexual exploitation of children; exploitation of children through online prostitution; and
live-streaming of sexual abuse, with or without the consent of the victim: Provided, That OSAEC may be used
interchangeably with online child sexual exploitation or abuse (OCSEA);

(u) Pandering refers to the act of offering, advertising, promoting, representing or distributing through any means
any child sexual abuse or exploitation material, or any material that purports to contain any form of child sexual
abuse or exploitation material, regardless of its actual content;

(v) Participative network platform provider refers to any person or entity, including a social media intermediary,
that facilitates social communication and information exchanges which is based on online technologies such as
web, instant messaging, or mobile technologies, that enable users to contribute to developing, rating,
collaborating and distributing internet content and developing and customizing internet applications or to conduct
social networking. It may also refer to a person or an entity that provides a platform or site for blogging, video-
sharing, picture-sharing, file-sharing sites, online gaming or instant messaging, among others;

(w) Payment system provider (PSP) refers to an entity engaged in any monetary transaction which includes
banks, fiat or digital money service businesses including cryptocurrencies, credit card companies and other
financial institutions;

(x) Person refers to any natural or juridical entity;

 (y) Sexual activity includes the following acts, whether actually performed or simulated:

(1) Sexual intercourse or lascivious act, including contact involving the genitalia, oral stimulation of the
genitals or oral stimulation of the anus, whether between persons of the same or opposite sex;

(2) Masturbation;

(3) Sadistic or masochistic abuse;

(4) Lascivious exhibition of the genitals, buttocks, breasts, pubic area and anus;

(5) Bestiality;

(6) Use of any object or instrument for lascivious acts; or

(7) Any other analogous circumstance.

(z) Sexualization of a child refers to the act of using a child as an object for the sexual desire or satisfaction of
another, even if there is no actual sexual intercourse or no private part of the body of the child has been shown;

(aa) Streaming refers to the broadcasting or viewing through the use of ICT, whether the viewer is passively
watching or actively directing the content. It is considered live-streaming when the broadcasting or viewing occurs
in real-time;

(bb) Subscriber's information or Registration information refers to any information contained in the form of
computer data or any other form that is held by a service provider or internet intermediary, relating to subscribers
or registrants of its services other than traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period of
service;

(2) The identity, postal or geographic address, telephone and other access numbers, assigned network
address, billing and payment information of the subscriber that is available on the basis of the service
agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment, available on
the basis of the service agreement or arrangement.

(cc) Traffic data or non-content data refers to any computer data other than the content of the communication
including the origin, destination, route, time, date, size, duration, or type of communication of the underlying
service; and

(dd) Web hosting provider refers to a person that provides infrastructure for hosting, supplies web server space
and internet connectivity that enables a user to post, upload, download and share user-generated content, or a
content provider who supplies content to the internet. It shall also refer to a person that provides specialized
hosting services such as streaming services or application hosting, domain name registration services, or
services that enable users to create and manage their websites.

Section 4. Unlawful or Prohibited Acts. — Regardless of the consent of the child, it shall be unlawful for any person to commit
the following acts through online or offline means or a combination of both:

(a) To hire, employ, use, persuade, induce, extort, engage, or coerce a child to perform or participate in whatever
way in the creation or production of any form of OSAEC and CSAEM;

(b) To produce, direct, manufacture, facilitate, or create any form of CSAEM, or participate in the production,
direction, manufacture, facilitation or creation of the same;

(c) To offer, sell, distribute, advertise, promote, export, or import, by any means, any form of CSAEM;

(d) To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
 (e) To permit or influence the child to engage, participate or assist in any form of CSAEM;

(f) To produce, direct, create, hire, employ or pay a facilitator to stream or livestream acts of child sexual abuse or
exploitation

(g) To stream or live-stream acts of, or any form of, child sexual abuse and exploitation;

(h) To recruit, transport, transfer, harbor, provide, or receive a child or to induce or influence the same, for the
purpose of violating this Act;

(i) To introduce or match a child to a foreign national or to any person for the purpose of committing any of the
offenses under this Act;

(j) For film distributors, theaters and ICT services by themselves or in cooperation with other entities, to distribute
any form of CSAEM or to facilitate the commission of any of the offenses under this Act;

(k) To knowingly benefit from, financial or otherwise, the commission of any of the offenses of this Act;

(l) To provide a venue for the commission of prohibited acts under this section such as dens, private rooms,
cubicles, cinemas, houses, private homes, or other establishments;

(m) To engage in the luring or grooming of a child: Provided, That grooming taking place offline as a prelude to
violations under this Act shall also be penalized;

(n) To sexualize children by presenting them as objects of sexual fantasy, or making them conversational
subjects of sexual fantasies, in any online or digital platform;

(o) To engage in pandering as defined under this Act;

(p) To willfully subscribe, join, donate to, or support an internet site that hosts OSAEC or the streaming or live-
streaming of child sexual abuse and exploitation;

(q) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means of any brochure, flyer, or any material that promotes OSAEC and child
sexual abuse or exploitation

(r) To possess any form of CSAEM: Provided, That possession of three (3) or more CSAEMs is prima
facie evidence of the intent to sell, distribute, publish or broadcast;

(s) To willfully access any form of CSAEM; and

(t) To conspire to commit any of the prohibited acts stated in this section:

Provided, That the investigation or prosecution of offenses under this Act shall be without prejudice to appropriate
investigation and prosecution mechanisms underRepublic Act No. 9208, otherwise known as the "Anti-Trafficking
in Persons Act of 2003," as amended, and other related laws.

Section 5. Effect of Consent of the Victim. — The consent of the victim is not material or relevant and shall not be available as a
defense in the prosecution of the unlawful acts prohibited under this Act.

Section 6. Syndicated and Large-Scale Violations of this Act. — Any violation of this Act shall be deemed to have been
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. If
the crime was committed against three (3) or more persons, it shall be considered as large-scale violation of this Act.

Section 7. Protection of a Good Samaritan. — Any person who has the responsibility of reporting cases under this Act, blocking
an internet address, removing a website or domain, taking down of shared videos, pictures, or messages for the services
provided by an internet intermediary, and providing information for the purpose of an investigation or prosecution of a case
involving acts of OSAEC shall not be held civilly, criminally or administratively liable: Provided, That the action was:

(1) done in good faith;

 (2) necessary to prevent access or dissemination of CSAEMs; and

(3) reported within twenty-four (24) hours from the act of blocking an internet address, removing a website or
domain, or taking down of shared video, picture or messages.

Section 8. Safe Harbor Exception. — Access, possession and recording of any CSAEM of any person for the purpose of
complying with the duties under this Act; the reporting to government authorities; legitimate investigation and administration of
the criminal justice system; and legitimate policy, scholarly and academic purposes with requisite ethical clearance, shall not be
subject to any civil, criminal, or administrative liability.

Section 9. Duties and Responsibilities of Private Sectors. —

(a) Duties of Internet Intermediaries. — Internet intermediaries shall:

(1) Adopt in their terms of service or service agreements with third-party users or creators of contents,
products and services the prohibition of any form or any conduct of streaming or live-streaming of OSAEC
and CSAEM in the use of their website, platform, server or facility

(2) Preserve within six (6) months from the date of the transaction extendible for another six (6) months or
during the pendency of the case, all subscriber's or registration information and traffic data in its control
and possession: Provided, That in the case of content data, the same shall be preserved within one (1)
year, and upon notice by the competent authority, the preservation shall be extendible for another six (6)
months: Provided, however, That the competent authority shall expressly identify and specify such
relevant evidence that needs preservation: Provided, further, That the integrity of all computer data such
as subscriber's information, traffic data and content data relating to communication services provided by a
service provider shall be protected for the purpose of investigation and prosecution of cases under
this Act: Provided, finally, That the preservation period provided under the law governing foreign
corporations doing business in the Philippines or the period provided under this Act, whichever is longer,
shall prevail;

(3) Immediately block access to, remove or take down the internet address, uniform resource locator
(URL), websites or any content thereof containing CSAEM or involving streaming or live-streaming of
OSAEC, within twenty-four (24) hours from receipt of notice from a competent authority or notice
containing sufficient information to identify the content and its source: Provided, That this period may be
extended to another twenty-four (24) hours upon submission of a written justification if the notice was
made by any private citizen or by a competent authority without sufficient information to identify the
content and its source: Provided, however, That the period provided in the preceding paragraph on the
period of preservation of subscriber's or registration information, traffic or content data shall
apply: Provided, further, That the competent authority shall, as far as practicable, expressly identify and
specify such relevant evidence that needs preservation

(4) Report to the Department of Justice (DOJ), within three (3) days, the internet address or websites
blocked, removed or taken down, or any form of unusual data activity using its server or
facility: Provided, That in cases when a foreign internet intermediary is prohibited by its country to share
data, the reports filed by such foreign internet intermediary to the corresponding entity tasked by its
government to receive cybercrime reports shall be deemed in compliance with this
provision: Provided, however, That the said foreign internet intermediary shall inform the DOJ of such
reporting: Provided, further, That whatever relevant evidence otherwise not prohibited by law to be shared
shall nevertheless be reported to the DOJ;

(5) Provide, pursuant to a subpoena issued by the Philippine National Police (PNP) in accordance with
Republic Act No. 6975, as amended, otherwise known as the "Department of the Interior and Local
Government Code of 1990" or by the National Bureau of Investigation (NBI) in accordance with Republic
Act No. 10867, otherwise known as the "National Bureau of Investigation Reorganization and
Modernization Act or by the prosecutor in accordance with the Rules of Court; and notwithstanding the
provisions of Republic Act No. 10175, otherwise known as the "Cybercrime Prevention Act of 2012" and
in accordance with Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012," the
subscriber's or registration information and/or traffic data of any person who:

(i) Gained or attempted to gain access to an internet site, internet asset or internet application
which contains any form of CSAEM; or
 (ii) Facilitated the violations of this Act; or

(iii) Conducted the streaming or live-streaming of child sexual exploitation.

The subpoena must particularly describe the information asked for and indicate the relevancy of such
information to the sexual abuse and exploitation of children (SAEC) case.

The subpoena must particularly describe the information asked for and indicate the relevancy of such
information on violations of this Act.

(6) Develop, establish and install mechanisms or measures designed to prevent, detect, respond or report
violations of this Act within their websites, platforms, applications, servers or facilities, compatible with the
products and services they offer that may be in accordance with the global best practices and guidelines
to counter violations of this Act which may include the installation of available technology, program, or
software to ensure that access to or streaming of violations of this Act will be removed, blocked or filtered;

(7) Coordinate with the Department of Justice-Office of Cybercrime (DOJ-OOC) to define the standard
upon which an internet intermediary is measured, in order to fairly assess if an internet intermediary has
reasonably complied with its duties under this Act; and

(8) Have a policy on notifying their community to ensure that their policy has a provision on delaying or
dispensing with notification to an account holder, subscriber or customer of the internet intermediary who
is stated to be a suspected offender of an act of OSAEC in an ongoing criminal investigation, of the
existence of a subpoena, warrant, court order, or other governmental request directing the internet
intermediary to disclose information about the said account holder, subscriber or customer for the
purposes of the criminal investigation.

(b) Duties of Internet Service Providers (ISPs). — In addition to the above duties and responsibilities, all ISPs
shall:

(1) Notify the PNP or the NBI within forty-eight (48) hours from receipt of information that any form of child
sexual abuse or exploitation is being committed using its server or facility, or is likely being committed
using its server or facility based on, among others, traffic analysis and observed sudden surges in usage;

(2) Block CSAEM or the streaming or live-streaming of a child sexually abused or exploited within twenty-
four (24) hours from receipt of notice containing sufficient information to identify the content and its
source: Provided, That if the information contained in the notice points to a legitimate website where the
blocking thereof may result to blocking of legitimate contents therein, the ISPs shall have the obligation to
inform the PNP or NBI within the same period of such fact: Provided, further, That failure of the ISPs to
block any form of CSAEM or the streaming and/or live-streaming of child sexual exploitation within twenty-
four (24) hours from receipt of notice as described above, shall be prima facie evidence of knowledge, as
punished under Section 4 (d) of this Act;

(3) Maintain logs of each and every subscriber and the IP address assigned to each and every subscriber
at a given date and time

(4) Develop and adopt a set of systems and procedures for preventing, blocking, detecting, and reporting
of OSAEC and CSAEM committed within their platforms, which are compatible with the services and
products they offer, including the maintenance and management of an updated list of URLs containing
CSAEM by partnering with organizations that maintain the most comprehensive list of URLs with CSAEM,
and those with hashes of the same;

(5) Adopt and integrate child protection standards in their corporate governance practice and processes; a

(6) Establish high privacy setting as default safety and privacy settings for children, and where practicable
and necessary, adopt age-verification controls and protocols to restrict their access to materials within the
purview of Section 3 (c) (iv) of Presidential Decree No. 1986, entitled as "Creating the Movie and
Television Review and Classification Board."

(c) Duties of PSPs. In addition to the duties specified for internet intermediaries as applicable to internet PSPs,
any person who has direct knowledge of any OSAEC and CSAEM financial activity shall have the duty to report
any suspected OSAEC and CSAEM-related activity or suspicious transaction to the DOJ-OOC within twenty-four
 (24) hours and they shall also have the duty to report to the Anti-Money Laundering Council (AMLC), within five
(5) days from discovery thereof.

Law enforcement agencies investigating violations of this Act may require financial intermediaries, internet PSPs,
and other financial facilitators to provide financial documents and information upon order of any competent court
when it has been established that there is reasonable ground to believe that the transactions to be examined
involve prohibited activities under this Act.

Notwithstanding the provisions of Republic Act No. 1405, entitled "An Act Prohibitng Disclosure of or Inquiry into
Deposits with any Banking Institution and Providing Penalty Therefor," as amended, Republic Act No. 6426,
otherwise known as the "Foreign Currency Deposit Act of the Philippines," as amended,Republic Act No.
8791, otherwise known as "The General Banking Law of 2000," as amended, and other pertinent laws, the law
enforcement agencies investigating cases under this Act may inquire into or examine any particular deposit or
investment, including related accounts, with any banking institution or any non-bank financial institution upon
order of any competent court when it has been established that there is reasonable ground to believe that the
deposit or investments, including related accounts involved, are related to violations of this Act.

Violations under Sections 4 and 5 of this Act shall be considered as "unlawful activity" under Section 3 (i) of
Republic Act No. 9160, otherwise known as the "Anti-Money Laundering Act of 2001," as amended, and shall be
punishable under the said Act.

Money transfer and remittance centers shall require individuals transacting with them to present valid government
identification cards.

The Department of the Interior and Local Government (DILG) and the AMLC shall promulgate, within ninety (90)
days from the effectivity of this Act, the necessary rules and regulations for the implementation of this provision.

(d) Responsibility of All Internet Hotspots, Cafés or Kiosks. — Internet hotspots, cafés or kiosks shall:

(1) Notify the NCC-OSAEC-CSAEM, within twenty-four (24) hours from obtaining facts and
circumstances, of any violation of this Act that are being committed within their premises: Provided, That
there is a prima facie knowledge that a violation of this Act is being committed if such acts or omission
has been committed within the premises of such internet hotspot, café or kiosk;

(2) Install and update programs and software designed to detect sexually explicit activities involving
children and ensure that access to or transmittal of such materials will be blocked or filtered; and

(3) Promote awareness against OSAEC and CSAEM through clear and visible signages in both English
and the local dialect, with local and national hotlines posted within their facilities.

Section 10. Penalties. — The following penalties shall be imposed on the following offenses:

(a) Any person who violates Section 4, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of this Act shall
suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00).

(b) Any person who violates Section 4, paragraphs (k) and (l) of this Act shall suffer the penalty of reclusion
temporal in its maximum period to reclusion perpetua and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00).

(c) Any person who violates Section 4, paragraphs (m), (n), and (o) of this Act shall suffer the penalty of reclusion
temporal in its maximum period and a fine of not less than Eight hundred thousand pesos (P800,000.00) but not
less than One million pesos (P1,000,000.00).

(d) Any person who violates Section 4, paragraph (p) of this Act shall suffer the penalty of reclusion temporal in its
medium period and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Eight
hundred thousand pesos (P800,000.00).

(e) Any person who violates Section 4, paragraph (q) of this Act shall suffer the penalty of reclusion temporal in its
minimum period and a fine of not less than Three hundred thousand pesos (P300,000.00) but not more than Five
hundred thousand pesos (P500,000.00).
 (f) Any person who violates Section 4, paragraph (r) of this Act shall suffer the penalty of reclusion temporal and a
fine of not less than Three hundred thousand pesos (P300,000.00).

(g) Any person who violates Section 4, paragraph (s) of this Act shall suffer the penalty of prision mayor in its
maximum period and a fine of not less than Two hundred thousand pesos (P200,000.00) but not more than Three
hundred thousand pesos (P300,000.00).

(h) Any person who violates Section 4, paragraph (t) of this Act shall suffer the penalty of prision mayor in its
medium period and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two
hundred thousand pesos (P200,000.00).

(i) Any person who violates Section 6 of this Act shall suffer the penalty of life imprisonment and a fine of not less
than Five million pesos (P5,000,000.00) but not more than Twenty million pesos (P20,000,000.00).

In addition to the above penalties, the following offenders shall be ineligible for parole:

(1) An offender who is a recidivist;

(2) An offender who is a step-parent or collateral relative within the third (3rd) degree of consanguinity or affinity
having control or moral ascendancy over the child; and

(3) Any offender whose victim died or suffered permanent mental, psychological or physical disability.

Except for the violations of this Act that are penalized with life imprisonment, the frustrated commission of the acts prohibited
under Section 4 shall be punishable with the penalty one degree lower than that prescribed under this Act: Provided, That
attempted commission of the acts prohibited under Section 4 shall be punishable with the penalty two (2) degrees lower than that
prescribed under this Act.

Any person found guilty of violating Section 9 of this Act shall suffer the penalty of prision mayor in its medium period and a fine
of not less than One million two hundred thousand pesos (P1,200,000.00) but not more than Two million pesos (P2,000,000.00)
for the first offense. In case of subsequent offense, the penalty shall be a fine of not less than Two million pesos (P2,000,000.00)
but not more than Three million pesos (P3,000,000.00) and revocation of its license or franchise to operate and the immediate
closure of the establishment, when applicable.

Any government official or employee or agent who abuses the authority provided for under Sections 9 and 23 of this Act shall be
penalized with imprisonment of prision mayor in its maximum period and perpetual disqualification to hold public office, the right
to vote and participate in any public election and a fine of not less than Five hundred thousand pesos (P500,000.00). All the
benefits due from service in the government of such public officer or employee shall also be forfeited.

Section 11. Juridical Persons. — 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 of an enterprise who participated in the commission of
the crime or shall have knowingly permitted or failed to prevent its commission. In addition, the corporation shall be fined a
minimum of ten percent (10%) but not more than thirty percent (30%) of its net worth and its respective license or permit to
operate may be revoked.

Section 12. Alien Offenders. — If the offender is a foreigner, the offender shall be criminally prosecuted immediately. Thereafter,
the offender shall be deported after serving sentence and will be permanently barred from re-entering the Philippines

Section 13. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Sexual Abuse or Exploitation. —
In addition to the penalty imposed for violations 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 these are properties of a third
person not liable for the unlawful act: Provided, That all awards for damages shall be taken from the personal and separate
properties of the offender: Provided, however, 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 sexual abuse or exploitation shall
be exclusively used for the purpose of child-rearing programs under the special account of the Department of Social Welfare and
Development (DSWD).

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.

Section 14. Extra-Territorial Jurisdiction. — The State shall exercise jurisdiction over any act defined and penalized under
this Act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of
commission, if the offense, being a continuing offense, was either commenced in the Philippines; or committed in another
country: Provided, That in the case of the latter, the suspect or accused is a Filipino citizen, a permanent resident of the
Philippines, and has committed the act against a citizen of the Philippines.

No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction
recognized by the Philippines, has prosecuted or is prosecuting such person for the conduct constituting such offense, except
upon the approval of the Secretary of Justice.

Section 15. Extradition and Mutual Legal Assistance. — The DOJ shall be the central authority for all requests for extradition and
mutual legal assistance in all legal matters: Provided, That the government may surrender or extradite any person accused or
convicted of child sexual abuse or exploitation pursuant to the extradition law and applicable extradition treaty.

The DOJ shall make and receive requests for mutual legal assistance in criminal matters from a foreign State relative to the
investigation or prosecution of, related criminal proceedings to, any form of child sexual abuse or exploitation and execute or
arrange for the execution of such request for assistance. In case there is an existing mutual legal assistance treaty between the
Philippines and a foreign State, the provisions of that treaty shall apply.

Section 16. Cooperation of Law Enforcement Agencies in OSAEC and CSAEM Investigation. — Recognizing the transnational
nature of OSAEC and CSAEM, and notwithstanding the immediately preceding section, the PNP and NBI shall endeavor to
establish cooperation arrangements with foreign law enforcement agencies for faster exchange of information, best practices,
and joint investigations on OSAEC and CSAEM cases.

Section 17. Authority of Law Enforcement Agencies to Retain Computer Data. — Notwithstanding the provisions of Sections 15
and 16 of Republic Act No. 10175, whenever a cybercrime warrant is issued for an OSAEC and CSAEM cases, law enforcement
authorities shall be authorized to retain a copy of the result of digital forensic examinations for the purpose of identifying
additional victims and suspects, and carrying out a further investigation, case build-up, and referral of information, whenever the
crime is found to have nexus abroad, to foreign law enforcement authorities for the conduct of a parallel investigation.

Section 18. Appointment of Special Prosecutors. — The DOJ shall appoint or designate special prosecutors to prosecute cases
for the violation of this Act.

Section 19. 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 the "Family Courts Act of 1997,": Provided, That the court shall not require the presence of a child
victim during the trial and that the child shall testify in accordance with "Rule on Examination of a Child Witness," as may be
provided by the Supreme Court and the Rules of Court.

Section 20. Venue. — A criminal action arising from a violation of this Act shall be filed where the offense was committed, where
any of its elements occurred, or where the child is found or actually resides at the time of the commission of the
offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of the other
courts.

Section 21. 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 may, whenever
necessary, 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 the identity of the child 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
ᇈW ᑭHIL

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 sexual abuse or exploitation that is part of the court records shall be subject to a protective
order that provides as follows:

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

(2) Neither form of child sexual abuse or exploitation 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 sexual abuse or exploitation or any part thereof
unless there is a written affirmation of the receipt of a copy of the protection order; that such person
submits to the jurisdiction of the court with respect to the protective order; and that, in case of violation
thereof, such person will be subject to the contempt power of the court; and

(e) It shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer,
producer or social media influencer or content creator, in case of television and radio broadcasting and digital
media, and producer and director of the film in case of the movie industry, to cause any undue publicity that may
result in the further suffering of the child. Any person or agency involved in the reporting, investigation or trial of
cases under this Act shall refrain from any act or statement that may be construed as blaming the victim or
placing responsibility on the victim for the offense committed against them.

Section 22. Applicability of Juvenile Justice and Welfare Act, as Amended. — In cases where the offender is a child, the
prosecution of the offense shall be in accordance with Republic Act No. 9344, otherwise known as the "Juvenile Justice and
Wlefare Act of 2006," as amended, and the child shall be accorded the appropriate treatment and services under the said
law: Provided, That in cases of self-generated CSAMs, the child producing the sexualized materials shall be considered as a
victim and not as an offender. The child victim shall be accorded the necessary treatment and services under this Act and in
existing laws.

Section 23. Initiation of Investigation. — Law enforcement agencies are mandated to immediately initiate investigation and
counter-OSAEC and -CSAEM-intelligence gathering upon receipt of statements or affidavits from victims of OSAEC and CSAEM,
or their families, and other persons who have knowledge or information about violations of this Act, including the private sector.

Agencies that receive complaints of violations of this Act shall develop both online and face-to-face reporting mechanisms that
are gender-sensitive, age-appropriate and culturally sensitive to children, especially girls.

In investigating violations of this Act, a law enforcement officer may, upon a written order from the regional trial court, track,
intercept, view, monitor, surveil, listen to, and record, by technical or electronic means, any communications, information or
messages, including the procurement of content data, transmitted by means of a computer system involving at least one (1)
person reasonably believed to have committed violations under this Act: Provided, That when the offense involves the use of
computer systems and digital platforms, a court order shall not be required in order for a law enforcement officer acting in an
undercover capacity to intercept a communication with a person reasonably believed to have committed, is committing, or is
about to commit any of the violations of this Act.

Where an order is required, the order shall only be issued or granted upon written application of a law enforcement officer, who
shall be examined under oath or affirmation, and the witnesses he or she may produce and the showing that:

(1) there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed,
or is being committed, or is about to be committed;

(2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of
any person for, or to the solution of, or to the prevention of, any such crimes; and
 (3) that there are no other means readily available for obtaining such evidence.

The order shall only be effective for the length of time determined by the court, which shall not exceed a period of ten (10) days
from its issuance. The court issuing the order may, upon motion, extend its effectivity based only on justifiable reasons for a
1a⍵⍴h!1

period not exceeding ten (10) days from the expiration of the original period.

In investigating violations of this Act involving the use of the internet and other digital platforms, law enforcement officers acting in
an undercover capacity who record their communications with a person or persons reasonably believed to have committed, is
committing, or is about to commit any of the violations under this Act shall not be considered as wiretapping or illegal
interception, shall not be liable under the provisions of Republic Act No. 4200, otherwise known as "The Anti-Wiretapping
Law": Provided, That victims of violations of this Act shall not be liable under the provisions of "The Anti-Wiretapping Law" and
the "Cybercrime Prevention Act of 2012" if they record, transmit, or perform any other acts directly or indirectly related to the
reporting of any violation of this Act committed against them.

Section 24. Who May File a Complaint. — Complaints on cases of any form of child sexual abuse or exploitation punishable
under this Act may be filed by the following:

(1) Offended party;

(2) Parents or guardians;

(3) Ascendant or collateral relative within the third (3rd) degree of consanguinity;

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

(5) Officer or social worker of the DSWD;

(6) Local social welfare development officer;

(7) Any barangay official;

(8) Any law enforcement officer;

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

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

Section 25. Affidavit of Desistance. — Cases involving OSAEC and CSAEM shall not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal guardians. Public and private prosecutors are directed to vigorously
oppose and manifest objections to motions for dismissal. Any act that unduly pressures the complainant to execute an affidavit of
desistance shall be punishable under this Act.

Section 26. Protective Custody of the Child. — The child victim shall be immediately placed under the protective custody of the
city or municipal social welfare and development office: Provided, That in cases where (a) the city or municipal social welfare and
development office has no registered social worker that can perform case management; (b) the LGU does not have any
residential care facility that can afford center-based intervention and rehabilitation; and/or (c) it was assessed that there are
safety and risk factors detrimental to the child's stay in the same locality, the DSWD shall provide support and assistance to the
concerned city or municipal social welfare and development office by assuming temporary protective custody over the
child: Provided, however, That the needs of the child shall be provided for by the concerned LGU: Provided, further, That the
custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603, otherwise known as "The Child
and Youth Welfare Code."

The DSWD and the DOJ shall extend all necessary legal assistance and support to the city or municipal social welfare and
development office for any legal impediment that may arise in performing their functions in assuming temporary protective
custody as another form of technical assistance and resource augmentation. In the regular performance of this function, the city
or municipal social welfare and development office or the DSWD shall be free from any administrative, civil or criminal liability.

The child shall also be considered as a victim of a violent crime defined under Section 3 (d) of Republic Act No. 7309, entitled
"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," and may claim compensation therefor.
Section 27. Mandatory Services to Victims of Child Sexual Abuse or Exploitation. — To ensure recovery, rehabilitation and
reintegration into the mainstream of society, concerned government agencies and the LGUs, through its city or municipal social
welfare and development office, shall make available the following services to victims of any form of child sexual abuse or
exploitation and their families, when applicable:

(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 be adopted and carried out.

The DSWD and other concerned national government agencies may provide the necessary technical assistance and resource
augmentation to the LGUs or city or municipal social welfare and development office, subject to the availability of funds.

Section 28. Programs for Victims of Child Sexual Abuse or Exploitation. — The National Coordination Center against OSAEC
and CSAEM created under Section 30 of this Act shall develop and implement the necessary programs that will prevent any form
of child sexual abuse or exploitation, as well as protect, heal and reintegrate the child or children into the mainstream of society.
Such programs shall include the

(a) provision of mandatory services including counseling, free legal services, medical or psychological services,
livelihood and skills training and educational assistance to the child or children and their families;

(b) sponsorship of a national research program on OSAEC and CSAEM and the establishment of a data
collection system for monitoring and evaluation purpose;

(c) provision of necessary technical and material support services to appropriate government agencies and
nongovernment organizations (NGOs);

(d) sponsorship of conferences and seminars to provide a venue for consensus building amongst the public, the
academe, government, nongovernment and international organizations;

(e) promotion of information and education campaigns regarding the safe and responsible use of the internet in
relation to the violations of this Act to educate the public, including children; and

(f) provision of programs developed for purposes of intervention and diversion, as well as rehabilitation of the
child victim, for reintegration into the family of the child or community.

Section 29. Reasonable Accommodation for Children with Disabilities. — The DOJ and the DSWD shall develop guidelines,
within ninety (90) days from the finalization of the implementing rules and regulations of this Act and pursuant to the UN
Convention on the Rights of Persons with Disabilities, for the provision, as far as practicable, of necessary and appropriate
modification and adjustments across all stages of case management of OSAEC cases to ensure children with disabilities will
have access to justice.

The Supreme Court shall, in accordance with its rules and the UN Convention on the Rights of Persons with Disabilities, issue
guidelines for the provision, as far as practicable, of necessary and appropriate modification and adjustments across all stages of
case management of OSAEC and CSAEM cases to ensure children with disabilities will have access to justice.

Section 30. National Coordination Center against OSAEC and CSAEM. — There shall be a National Coordination Center
against OSAEC and CSAEM (NCC-OSAEC-CSAEM) under the Inter-Agency Council Against Trafficking (IACAT) formed under
Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003," as amended. The IACAT shall retain its
composition and functions as provided under the Anti-Trafficking in Persons Act of 2003, as amended, with the additional
mandate of addressing cases falling under this Act. The NCC-OSAEC-CSAEM, under the direction of the IACAT, shall develop
and implement the necessary programs that will prevent the commission of OSAEC and CSAEM, as well as protect, heal and
reintegrate the child into the mainstream of society. Such programs shall include the following:

(a) Provision of mandatory services including emergency shelter or appropriate housing including foster care or
kinship care arrangements, counseling, free legal services, medical or psychological services, as well as support
services including community-based rehabilitation, livelihood and skills training, educational assistance to the
child, sustained supervision and follow-through mechanisms that will track the progress of recovery, rehabilitation,
and reintegration of the child;

(b) Sponsorship of a national research program on OSAEC and CSAEM and the establishment of a data
collection system for monitoring and evaluation purposes;

(c) Development and implementation of a sustained, gender-responsive and effective communication, education
and information campaigns at the national, local and community levels using all forms of media, aimed at
promoting a working understanding of the law and situating it in the larger context of women and children's rights;

(d) Development of a monitoring and data collection system or database, for purposes of ensuring efficient
collection and storage of data on all OSAEC and CSAEM cases, including:

(1) the number of cases being investigated, submitted for prosecution, dropped, filed or are pending
before the courts, as well as the number of convictions and acquittals;

(2) the profile/information on each case;

(3) the number of victims of OSAEC and CSAEM referred to the agency by countries/area and by area of
origin; and

(4) disaggregated data on OSAEC and CSAEM victims and the accused/defendants as to gender, age
and nationality.

(e) Establishment of a point-of-contact and coordination system with international organizations for the receipt of
reports on OSAEC and CSAEM; and

(f) Promotion of information, awareness and education campaigns regarding safe and responsible use of the
internet in relation to OSAEC and CSAEM to educate the public, including children.

Section 31. Secretariat. — The NCC-OSAEC-CSAEM shall have its own Secretariat and shall be headed by an Executive
Director, who shall be appointed by the IACAT. The Executive Director must have adequate knowledge of, training and
experience in the phenomenon of and issues involved in OSAEC, CSAEM and in the field of law, law enforcement, ICT, social
work, and child protection. The Executive Director shall be under the supervision of the IACAT and shall perform the following
functions:

(a) Act as the administrative officer of its Secretariat;

(b) Advise and assist the IACAT Chairpersons in formulating and implementing the objectives, policies, plans and
programs of the NCC-OSAEC-CSAEM, including those involving mobilization of government offices as well as
other relevant government offices, task forces, and mechanisms;

(c) Oversee the referral pathway protocols;

(d) Oversee all operational activities;

(e) Provide assistance to law enforcement agencies in the investigation and prosecution of OSAEC and CSAEM
cases;

(f) Ensure the security of the database of OSAEC and CSAEM cases;

(g) Ensure effective and efficient performance of functions and prompt implementation of objectives, policies,
plans and programs;
 (h) Propose effective allocations of resources for implementing objectives, policies, plans and programs;

(i) Submit periodic reports to the IACAT members on the progress of objectives, policies, plans and programs;

(j) Coordinate with the DOJ-OOC to monitor compliance of internet intermediaries pursuant to the latter's
obligations under this Act; and

(k) Perform other duties as the IACAT Chairs may assign.

Section 32. Referral Pathway for OSAEC Cases. — There shall be an organized and unified referral pathway for reporting,
detecting, investigating, prosecuting, and providing aftercare assistance and support in OSAEC and CSAEM cases. The NCC-
OSAEC-CSAEM shall develop a system and a set of gender-responsive, child-friendly, victim-centered and trauma-informed
protocols for referring OSAEC and CSAEM cases and recording and maintaining a unified database for the purpose of tracking
and updating the status and stages of investigation and prosecution of the same, consistent with existing laws on the protection
of the welfare of children. The NCC-OSAEC-CSAEM shall also develop a feedback mechanism for victim-survivors who have
accessed its services via this pathway.

Section 33. Local Governments. — Local governments shall pass an ordinance to localize efforts against OSAEC and CSAEM,
take account local culture and norms, institutionalize community-based initiatives that address OSAEC and CSAEM at the
barangay level, establish OSAEC and CSAEM prevention programs that aim to educate families against OSAEC and CSAEM,
and provide a holistic local program for rehabilitation and reintegration under the local social welfare and development office
including support and protection for victims and survivors.

Section 34. Blacklisting of Alien OSAEC Offenders. — In coordination with the Department of Foreign Affairs (DFA), the Bureau
of Immigration (BI) and the DOJ shall ensure that all convicted offenders of OSAEC, CSAEM, or similar or equivalent crimes in
other jurisdictions, or those aliens reported to or being monitored by Philippine law enforcement authorities for conducting
OSAEC and CSAEM activities shall not be allowed entry in the Philippines. In addition to its data system collection and database
functions under Section 32, the NCC-OSAEC-CSAEM shall create and maintain an updated registry of blacklisted aliens based
on the information from the DFA, BI and the DOJ.

Section 35. Age Verification Protocols. — All online providers of adult content shall be required to adopt an anonymous age
verification process before granting access to adult content. Not later than one (1) year after the passage of this Act, the NTC
shall complete a policy study into age-verification controls and protocols by internet intermediaries that may be put in place in
order to restrict the access of children to materials within the purview of Section 3 (c) (iv) of Presidential Decree No. 1986, with
the end in view of promulgating rules and regulations to this effect. Said rules and regulations governing the adoption of an
anonymous age verification process shall be promulgated not later than eighteen (18) months after the passage of this Act.
Nothing in this provision shall be construed as an exemption to the provisions of the "Data Privacy Act of 2012."

Section 36. Authorized Sharing of Information. — The AMLC shall share information relating to activities prohibited under
this Act with the NCC-OSAEC-CSAEM for the purpose of prosecuting offenders alleged to have committed such activities. This
information may be shared among AMLA-covered institutions to facilitate compliance with their obligations as reporting entities
under this Act.

Section 37. Creation of the OSAEC and CSAEM Offenders Registry. — An OSAEC and CSAEM offenders registry for both
Filipino nationals and foreigners shall be created containing the following information of adult individuals convicted of OSAEC,
CSAEM and other sexual offenses against children:

(a) name;

(b) address;

(c) employment;

(d) fingerprints;

(e) complete criminal history;

(f) recent photograph; and

(g) other relevant information necessary for the proper registration of child sexual offenders.
The OSAEC and CSAEM offenders registry shall be lodged in the NCC-OSAEC-CSAEM, shall be regularly updated and shared
with relevant national government authorities, and shall also be linked to international law enforcement agencies. In accordance
with the provisions of the Data Privacy Act of 2012, the NCC-OSAEC-CSAEM may release relevant information that is necessary
to protect the public from imminent danger concerning a specific person required to register under this section: Provided, That
juvenile offenders shall not be recorded in the registry.

Section 38. Congressional Oversight Committee. — There is hereby created a Congressional Oversight Committee composed
of five (5) members from the Senate of the Philippines and five (5) members from the House of Representatives. The members
of the Senate shall be composed of the Chairperson of the Senate Committee on Women, Children, Family Relations and
Gender Equality and the remaining four (4) members shall be appointed by the Senate President. The members of the House of
Representatives shall be composed of the Chairpersons of the Committees on Welfare of Children, Revision of Laws, and
Information and Communications Technology and the remaining two (2) members shall be appointed by the Speaker of the
House of Representatives.

The oversight committee shall monitor and ensure the effective implementation of this Act, recommend the necessary remedial
legislation or administrative measures, and perform such other duties and functions as may be necessary to attain the objectives
of this Act.

Section 39. Transitory Provisions. — The mandates, office and funding of the existing Inter-Agency Council Against Child
Pornography (IACACP) under Republic Act No. 9775, otherwise known as the "Anti-Child Pornography Act of 2009," shall remain
until the effectivity of this Act. Upon the effectivity of this Act, all the powers, functions, offices, personnel, assets, information and
database of the IACACP shall be transferred to the NCC-OSAEC-CSAEM without the need of conveyance or order, as the case
may be.

Within one (1) year from the effectivity of this Act, the existing budget or funds of the IACACP shall be utilized by the NCC-
OSAEC-CSAEM. 1a⍵⍴ h!1

The Secretariat or employees of the IACACP shall continue to exercise their respective functions, duties and responsibilities with
the corresponding benefits and privileges. As far as practicable, all personnel of the affected offices, agencies and units shall be
absorbed by the NCC-OSAEC-CSAEM.

Section 40. Appropriations. — The amount necessary for the implementation of this Act shall be included in the annual General
Appropriations Act. There is likewise established an Endowment Fund which shall be self-sustaining and shall consist of
contributions, donations, grants, or loans from domestic and foreign sources.

Section 41. Implementing Rules and Regulations (IRR). — The members of the IACAT shall constitute itself as the IRR
Committee with the DSWD and the DOJ as the lead agencies, and with the inclusion of the Department of Education,
Department of Information and Communications Technology, DILG, Department of Tourism, National Privacy Commission, NTC
and the AMLC, and two (2) NGOs on children's rights, to promulgate rules and regulations for the effective implementation of
this Act. The IRR Committee shall promulgate the rules and regulations within six (6) months from the effectivity of this Act. Such
rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.

Section 42. Suppletory Application of the Revised Penal Code. — The Revised Penal Code shall be suppletorily applicable to
this Act.

Section 43. 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 44. Repealing Clause. — Republic Act No. 9775 and Section 4 (c) (1) of Republic Act No. 10175, otherwise known as
the "Cybercrime Prevention Act of 2012," are hereby repealed.

All other 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 45. Effectivity. — This Act shall take effect after fifteen (15) days following its complete publication in the Official
Gazette or in a newspaper of general circulation.

Approved,

(SGD.) LORD ALAN JAY Q. VELASCO (SGD.) VICENTE C. SOTTO III

Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 2209 and House Bill No. 10703 was passed by the Senate of the Philippines
and the House of Representatives on May 23, 2022.

(SGD.) MYRA MARIE D. VILLARICA (SGD.) MARK LLANDRO L. MENDOZA

Secretary of the Senate Secretary General House of Representatives

Approved: Lapsed into law on JUL 30 2022 without the signature of the President, in accordance with Article VI Section 27 (1) of
the Constitution.

RODRIGO ROA DUTERTE

President of the Philippines

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REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a public office is a
public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which
may lead thereto.

Section 2. Definition of terms. As used in this Act, that term

(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:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(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.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.

(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.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release date.

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.

Section 8. Dismissal due to unexplained wealth. 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 unmarried children of such
public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown.
Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the
contrary.

Section 9. Penalties for violations. (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 one year nor more than ten
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 value of such thing.

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less
than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one year, or by
both such fine and imprisonment, at the discretion of the Court.
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.

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the original
jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation, criminal or
administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal
Code on bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a valid information
under this Act or under the provisions of the Revised Penal Code on bribery 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.

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any
private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his
incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or
public official to commit any of the violations penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or circumstances is
declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be
affected by such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all
property acquired by a public officer since he assumed office shall be taken into consideration.

Approved: August 17, 1960

The Lawphil Project - Arellano Law Foundation

Today is Friday, June 14, 2024

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 Eighteenth Congress
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand nineteen.

[ REPUBLIC ACT NO. 11479, July 03, 2020 ]

AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372,
OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title.- This Act shall henceforth be known as "The Anti-Terrorism Act of 2020".

Section 2. Declaration of Policy.- It is declared a policy of the State to protect life, liberty, and property from terrorism, to
condemn terrorism as inimical and dangerous to the national security of the country and to have welfare of the people, and to
make terrorism a crime against the Filipino people, against humanity, and against The Law of Nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people
as enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic,
diplomatic, military, and legal means duly taking into an account the root cause of terrorism and/or criminal activities. Such
measures shall include conflict management and post-conflict peace building, addressing the roots of conflict by building state
capacity and promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the
executive branch of the government. It is to be understood, however, that the exercise of the constitutionally recognized powers
of the executive department of the government shall not prejudice respect for human rights which shall be absolute and protected
at all times.

Section 3. Definition of Terms. - as used in this Act:

(a) Critical Infrastructure shall refer to an asset or system, whether physical or virtual, so essential to the
maintenance of vital societal functions or to the delivery of essential public services that the incapacity or
destruction of such systems and assets would have a debilitating impact on national defense and security,
national economy, public health or safety, there administration of justice, and other functions analogous thereto. It
may include, but is not limited to, an asset or system affecting telecommunications, water and energy supply,
emergency services, food security, fuel supply, banking and finance, transportation, radio and television,
information systems and technology, chemical and nuclear sectors;

(b) Designated Person shall refer to: Any individual, group of persons, organizations, or associations designated
and/or identified by the United Nations Security Council, or another jurisdiction, or supranational jurisdiction as a
terrorist, one who finances terrorism, or a terrorist organization or group; or

Any person, organization, association, or group of persons designated under paragraph 3 Section 25 of this Act.

For purposes of this Act, the above definition shall be in addition to the definition of designated persons under
Section 3(e) of Republic Act No. 10168, otherwise known as the "Terrorism Financing Prevention and
Suppression Act of 2012".

(c) Extraordinary Rendition shall refer to the transfer of a person, suspected of being a terrorist or supporter of a
terrorist organization, association, or group of persons to a foreign nation for imprisonment and interrogation on
behalf of the transferring nation. The extraordinary rendition may be done without framing any formal charges,
trial, or approval of the court.
 (d) International Organization shall refer to an organization established by a treaty or other instrument governed
by international law and possessing its own international legal personality;

(e) Material Support shall refer to any property, tangible or intangible, or service, including currency or monetary
instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses,
false documentation or identification, communications equipment, facilities, weapons, lethal substances,
explosives, personnel (one or more individuals who may be or include oneself), and transportation;

(f) Proliferation of Weapons of Mass Destruction shall refer to the transfer and export of chemical, biological,
radiological, or nuclear weapons, their means of delivery and related materials;

(g) Proposal to Commit Terrorism is committed when a person who has decided to commit any of the crimes
defined and penalized under the provisions of this Act proposes its execution to some other person or persons;

(h) Recruit shall refer to any act to encourage other people to join a terrorist individual or organization, association
or group of persons proscribed under Section 26 of this Act, or designated by the United Nations Security Council
as a terrorist organization, or organized for the purposed of engaging in terrorism;

(i) Surveillance Activities shall refer to the act of tracking down, following, or investigating individual or
organizations; or the tapping, listening, intercepting, and recording of messages, conversations, discussions,
spoken or written words including computer and network surveillance, and other communications of individuals
engaged in terrorism as defined hereunder;

(j) Supranational Jurisdiction shall refer to an international organization or union in which the power and influence
of member states transcend national boundaries or interests to share in decision-making and vote on issues
concerning the collective body , i.e. the European Union;

(k) Training shall refer to the giving of instruction or teaching designed to impart a specific skill in relation to
terrorism as defined hereunder, as opposed to general knowledge;

(l) Terrorist Individual shall refer to any natural person who commits any of the acts defined and penalized under
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act;

(m) Terrorist Organization, Association or Group of Persons shall refer to any entity organized for the purpose of
engaging in terrorism, or those proscribe under Section 26 hereof of the United Nations Security Council-
designated terrorist organization; and

(n) Weapons of Mass Destruction (WMD) shall refer to chemical, biological, radiological, or nuclear weapons
which are capable of a high order of destruction or causing mass casualties. It excludes the means of transporting
or propelling the weapon where such means is a separable and divisible part from the weapon.

Section 4. Terrorism.- Subject to Section 49 of this Act, terrorism is committed by any person who, within or outside the
Philippines, regardless of the stage of execution:

(a) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person's life;

(b) Engages in acts intended to cause extensive damage or destruction to a government or public facility, public
place or private property;

(c) Engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure;

(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of
biological, nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire, floods or explosions.

when the purpose of such act, by its nature and context, is to intimidate the general public or a segment thereof,
create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any
international organization, or seriously destabilize or destroy the fundamental political, economic, or social
structures of the country, or create a public emergency or seriously undermine public safety, shall be guilty of
committing terrorism and shall suffer the penalty of life imprisonment without the benefit of parole and the benefits
of Republic Act No. 10592, otherwise known as "An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815,
 as amended, otherwise known as the Revised Penal Code". Provided, That, terrorism as defined in this section
shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar
exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person,
to endanger a person's life, or to create a serious risk to public safety.

Section 5. Threat to Commit Terrorism.- Any person who shall threaten to commit any of the acts mentioned in Section 4 hereof
shall suffer the penalty of imprisonment of twelve (12) years.

Section 6. Planning, Training, Preparing, and facilitating the Commission of Terrorism.- it shall be unlawful for any person to
participate in the planning, training, preparation and facilitation in the commission of terrorism, possessing objects connected with
the preparation for the commission of terrorism, or collecting or making documents connected with the preparation of terrorism.
Any person found guilty of the provisions of this Act shall suffer the penalty of life imprisonment without the benefit of parole and
the benefits of Republic Act No. 10592.

Section 7. Conspiracy to Commit Terrorism.- Any conspiracy to commit terrorism as defined and penalized under Section 4 of
this Act shall suffer the penalty of life imprisonment without the benefit of parole and the benefit of Republic Act No. 10592.

There is conspiracy when two (2) or more persons come to an agreement concerning the commission of terrorism as defined in
Section 4 hereof and decide to commit the same.

Section 8. Proposal to Commit Terrorism.- Any person who proposes to commit terrorism as defined in section 4 hereof shall
suffer the penalty of imprisonment of twelve (12) years.

Section 9. Inciting to Commit Terrorism.- Any person who without taking any direct part in the commission of terrorism, shall
include others to the execution of any of the acts specified in Section 4 hereof by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end, shall suffer the penalty of imprisonment of twelve (12)
years.

Section 10. Recruitment to and Membership in a Terrorist Organization.- Any person who shall recruit another to participate in,
join, commit or support terrorism or a terrorist individual or any terrorist organization, association or group of persons proscribed
under Section 26 of this Act, or designated by the United Nations Security Council as a terrorist organization, or organized for the
purpose of engaging in terrorism, shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of
Republic Act No. 10592.

The same penalty shall be imposed on any person who organizes or facilitates the travel of individuals to a state other than their
state of residence or nationality for the purpose of recruitment which may be committed through any of the following means:

(a) Recruiting another person to serve in any capacity in or with an armed force in a foreign state, whether the
armed force forms part of the armed forces of the government of that foreign state or otherwise;

(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to serve in any capacity in or
with such armed force;

(c) Publishing an advertisement or propaganda containing any information relating to the place at which or the
manner in which persons may make applications to serve or obtain information relating to service in any capacity
in or with such armed force or relating to the manner in which persons may travel to a foreign state for the
purpose of serving in any capacity in or with such armed force; or

(d) Performing any other act with intention of facilitating or promoting the recruitment of persons to serve in any
capacity in or with such armed force.

Any person who shall voluntarily and knowingly join any organization, association or group of persons knowing that such
organization, association or group of persons is proscribed under Section 26 of this Act, or designated by the United Nations
Security Council as a terrorist organization, or organized for the purpose of engaging in terrorism, shall suffer the penalty of
imprisonment of twelve (12) years.

Section 11. Foreign Terrorist.- The following acts are unlawful and shall suffer the penalty of life imprisonment without the benefit
of parole and the benefits of Republic Act No. 10592:

(a) For any person to travel or attempt to travel to a state other than his/her state of residence or nationality for
the purpose of perpetrating, planning, or preparing for, or participating in terrorism, or providing or receiving
terrorist training;
 (b) For any person to organize or facilitate the travel of individuals who travel to a state other than their states of
residence or nationality knowing that such travel is for the purpose of perpetrating, planning, training, or preparing
for, or participating in terrorism or providing or receiving terrorist training; or

(c) For any person residing abroad who comes to the Philippines to participate in perpetrating, planning, training,
or preparing for, or participating in terrorism or provide support for or facilitate or receive terrorist training here or
abroad.

Section 12. Providing Material Support to Terrorists.- Any person who provides material support to any terrorist individual or
terrorist organization, association or group of persons committing any of the acts punishable under Section 4 hereof, knowing
that such individual or organization, association, or group of persons is committing or planning to commit such acts, shall be
liable as principal to any and all terrorist activities committed by said individuals or organizations, in addition to other criminal
liabilities he/she or they may have incurred in relation thereto.

Section 13. Humanitarian Exemption.- Humanitarian activities undertaken by the International Committee of the Red Cross
(ICRC), the Philippine Red Cross (PRC), and other state-recognized impartial humanitarian partners or organizations is
conformity with the International Humanitarian Law (IHL), do not fall within the scope of Section 12 of this Act.

Section 14. Accessory.- Any person who having knowledge of the commission of any of the crimes defined and penalized under
Section 4 of this Act, without having participated therein, takes part subsequent to its commission in any of the following manner:
(a) by profiting himself/herself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; or (c) by harboring, concealing, or
assisting in the escape of the principal or conspirator of the crime, shall be liable as an accessory and shall suffer the penalty of
imprisonment of twelve (12) years.

No person, regardless of relationship or affinity, shall be exempt from liability under this section.

Section 15. Penalty for Public Official.- If the offender found guilty of any of the acts defined and penalized under any of the
provisions of this Act is a public official or employee, he/she shall be charged with the administrative offense of grave misconduct
and/or disloyalty to the Republic of the Philippines and the Filipino people, and be meted with the penalty of dismissal from the
service, with the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits and perpetual
absolute disqualification from running for any elective office or holding any public office.

Section 16. Surveillance of Suspects and Interception and Recording of Communications.- The provisions of Republic Act No.
4200, otherwise known as the "Anti-Wire Tapping Law" to the contrary notwithstanding, a law enforcement agent or military
personnel may, upon a written order of the Court of Appeals secretly wiretap, overhear and listen to, intercept, screen, read,
survey, record or collect, with the use of any mode, form, kind or type of electronic, mechanical or other equipment or device or
technology now known or may hereafter be known to science or with the use of any other suitable ways and means for the above
purposes, any private communications, conversation, discussion/s, data, information, messages in whatever form, kind or nature,
spoken or written words (a) between members of a judicially declared and outlawed terrorist organization, as provided in Section
26 of this Act; (b) between members of a designated person as defined in Section 3(e) of Republic Act No. 10168; or (c) any
person charged with or suspected of committing any of the crimes defined and penalized under the provisions of this
Act: Provided, That, surveillance, interception and recording of communications between lawyers and clients, doctors and
patients, journalists and their sources and confidential business correspondence shall not be authorized.

The law enforcement agent or military personnel shall likewise be obligated to (1) file an ex-parte application with the Court of
Appeals for the issuance of an order, to compel telecommunications service providers (TSP) and internet service providers (ISP)
to produce all customer information and identification records as well as call and text data records, content and other cellular or
internet metadata of any person suspected of any of the crimes defined and penalized under the provisions of this Act; and (2)
furnish the National Telecommunications Commission (NTC) a copy of said application. The NTC shall likewise be notified upon
the issuance of the order for the purpose of ensuring immediate compliance.

Section 17. Judicial Authorization, Requisites.- The authorizing division of the Court of Appeals shall issue a written order to
conduct the acts mentioned in Section 16 of this ACT upon:

(a) Filing of an ex parte written application by a law enforcement agent or military personnel, who has been duly
authorized in writing by the Anti Terrorism Council (ATC); and

(b) After examination under oath or affirmation of the applicant and the witnesses he/she may produce, the
issuing court determines:
 (1) that there is probable cause to believe based on personal knowledge of facts or circumstances that
the crimes defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act has been
committed, or is being committed, or is about to be committed; and

(2) that there is probable cause to believe based on personal knowledge of facts or circumstances that
evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or
prevention of any such crimes, will be obtained.

Section 18. Classification and Contents of the Order of the Court.- The written order granted by the authorizing division of the
Court of Appeals as well as the application for such order, shall be deemed and are hereby declared as classified information.
Being classified information, access to the said documents and any information contained in the said documents shall be limited
to the applicants, duly authorized personnel of the ATC, the hearing justices, the clerk of court and duly authorized personnel of
the hearing or issuing court. The written order of the authorizing division of the Court of appeals shall specify the following: (a) the
identity, such as name and address, if known, of the person or persons whose communications, messages, conversations,
discussions, or spoken or written words are to be tracked down, tapped, listened to. intercepted, and recorded; and in the case of
radio electronic, or telephonic (whether wireless or otherwise) communications, messages, conversations, discussions, or
spoken or written words, the electronic transmission systems or the telephone numbers to be tracked down, tapped, listened to,
intercepted, and recorded and their locations or if the person or persons suspected of committing any of the crimes defined and
penalized under the provisions of this Act are not fully known, such person or persons shall be the subject of continuous
surveillance; (b) the identity of the law enforcement agent or military personnel, including the individual identity of the members of
his team, judicially authorized to undertake surveillance activities; (c) the offense or offenses committed, or being committed, or
sought to be prevented; and, (d) the length of time within which the authorization shall be used or carried out.

Section 19. Effective Period of Judicial Authorization.- Any authorization granted by the Court of Appeals, pursuant to Section 17
of this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Court of
Appeals which shall not exceed a period of sixty (60) days from the date of receipt of the written order by the applicant law
enforcement agent or military personnel.

The authorizing division of the Court of Appeals may extend or renew the said authorization to a non-extendible period, which
shall not exceed thirty (30) days from the expiration of the original period: Provided, That the issuing court is satisfied that such
extension or renewal is in the public interest: and Provided, further, That the ex parte application for extension or renewal, which
must be filed by the original applicant, has been duly authorized in writing by the ATC.

In case of death of the original applicant or in case he/she is physically disabled to file the application for extension or renewal,
the one next in rank to the original applicant among the members of the team named in the original written order shall file the
application for extension or renewal: Provided, finally, That, the applicant law enforcement agent or military personnel shall have
thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office for any violation of this Act.

For purposes of this provision, the issuing court shall require the applicant law enforcement or military official to inform the court,
after the lapse of the thirty (30)-day period of the fact that an appropriate case for violation of this Act has been filed with the
Public Prosecutor's Office.

Section 20. Custody of Intercepted and Recorded Communications.- All tapes, disc, other storage devices, recording, notes,
memoranda, summaries, excerpts and all copies thereof obtained under the judicial authorization granted by the Court of
Appeals shall, within forty-eight (48) hours after the expiration of the period fixed in the written order or the extension or renewal
granted thereafter, be deposited with the issuing court in a sealed envelope or sealed package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant law enforcement agent or military personnel and the members of his/her team.

In case of death of the applicant or in case he/she is physically disabled to execute the required affidavit, the one next in rank to
the applicant among the members of the team named in the written order of the authorizing division of the Court of Appeals shall
execute with the members of the team that required affidavit.

It shall be unlawful for any person, law enforcement agent or military personnel or any custodian of the tapes, disc, other storage
devices recordings, notes, memoranda, summaries, excerpts and all copies thereof to remove, delete, expunge, incinerate, shred
or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever.

Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall suffer the
penalty of imprisonment of ten (10) years.

Section 21. Contents of Joint Affidavit.- The joint affidavit of the law enforcement agent or military personnel shall state: (a) the
number of tapes, disc, and recordings that have been made; (b) the dates and times covered by each of such tapes, disc, and
recordings; and (c) the chain of custody or the list of persons who had possession or custody over the tapes, discs and
recordings.

The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of any such tapes, discs, other
storage devices, recordings, notes, memoranda, summaries, or excerpts have been made, or, if made, that all such duplicates
and copies are included in the sealed envelope or sealed package, as the case may be, deposited with the authorizing division of
the Court of Appeals.

It shall be unlawful for any person, law enforcement agent or military personnel to omit or exclude from the joint affidavit any item
or portion thereof mentioned in this section.

Any person, law enforcement agent or military officer who violates any of the acts proscribed in the preceding paragraph shall
suffer the penalty of imprisonment of ten (10) years.

Section 22. Disposition of Deposited Materials.- The sealed envelope or sealed package and the contents thereof, referred to in
Section 20 of this Act, shall be deemed and are hereby declared classified information. The sealed envelope or sealed package
shall not be opened, disclosed, or used as evidence unless authorized by a written order of the authorizing division of the Court
of Appeals which written order shall be granted only upon a written application of the Department of Justice (DOJ) duly
authorized in writing by the ATC to file the application with proper written notice to the person whose conversation,
communication, message, discussion or spoken or written words have been the subject of surveillance, monitoring, recording
and interception to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.

The written application, with notice to the party concerned, for the opening, replaying, disclosing, or using as evidence of the
sealed package or the contents thereof, shall clearly state the purpose or reason for its opening, replaying, disclosing, or its being
used as evidence.

Violation of this section shall be penalized by imprisonment of (10) years.

Section 23. Evidentiary Value of Deposited Materials.- Any listened to, intercepted, and recorded communications, messages,
conversations, discussions, or spoken or written words, or any part or parts thereof, or any information or fact contained therein,
including their existence, content, substance, purport, effect, or meaning, which have been secured in violation of the pertinent
provisions of this Act, shall be inadmissible and cannot be used as evidence against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or hearing.

Section 24. Unauthorized or Malicious Interceptions and/ or Recordings.- Any law enforcement agent or military personnel who
conducts surveillance activities without a valid judicial authorization pursuant to Section 17 of this Act shall be guilty of this
offense and shall suffer the penalty of imprisonment of ten (10) years. All information that have been maliciously procured should
be made available to the aggrieved party.

Section 25. Designation of Terrorist Individual, Groups of Persons, Organizations or Associations.- Pursuant to our obligations
under United Nations Security Council Resolution (UNSCR) No. 1373, the ATC shall automatically adopt the United Nations
Security Council Consolidated List of designated individuals, group of persons, organizations, or associations designated and/or
identified as a terrorist, one who finances terrorism, or a terrorist organization or group.

Request for designation by other jurisdictions of supranational jurisdictions may be adopted by the ATC after determination that
the proposed designee meets the criteria for designation of UNSCR No. 1373.

The ATC may designate an individual, groups of persons, organization, or association, whether domestic or foreign, upon a
finding of probable cause that the individual, groups of persons, organization, or association commit, or attempt to commit, or
conspire in the commission of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act.

The assets of the designated individual, groups of persons, organization or association above-mentioned shall be subject to the
authority of the Anti-Money Laundering Council (AMLC) to freeze pursuant to Section 11 of Republic Act No. 10168.

The designation shall be without prejudice to the proscription of terrorist organizations, associations, or groups of persons under
Section 26 of this Act.

Section 26. Proscription of Terrorist Organizations, Association, or Group of Persons.- Any group of persons, organization, or
association, which commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, or
organized for the purpose of engaging in terrorism shall, upon application of the DOJ before the authorizing division of the Court
of Appeals with due notice and opportunity to be heard given to the group of persons, organization or association, be declared as
a terrorist and outlawed group of persons, and organization or association, by the said Court.
The application shall be filed with an urgent prayer for the issuance of a preliminary order or proscription. No application for
proscription shall be filed without the authority of the ATC upon the recommendation of the National Intelligence Coordinating
Agency (NICA).

Section 27. Preliminary Order of Proscription.- Where the Court has determined that probable cause exists on the basis of the
verified application which is sufficient in form and substance, that the issuance of an order of proscription is necessary to prevent
the commission of terrorism, he/she shall, within seventy-two (72) hours from the filing of the application, issue a preliminary
order of proscription declaring that the respondent is a terrorist and an outlawed organization or association within the meaning of
Section 26 of this Act.

The court shall immediately commence and conduct continuous hearings, which should be completed within six (6) months from
the application has been filed, to determine whether:

(a) The preliminary order of proscription should be made permanent;

(b) A permanent order of proscription should be issued in case no preliminary order was issued; or

(c) A preliminary order of proscription should be lifted. It shall be the burden of the applicant to prove that the
respondent is a terrorist and an outlawed organization or association within the meaning of Section 26 of this Act
before the court issues an order of proscription whether preliminary or permanent.

The permanent order of proscription herein granted shall be published in a newspaper of general circulation. It shall be valid for a
period of three (3) years after which, a review of such order shall be made and if circumstances warrant, the same shall be lifted.

Section 28. Request to Proscribe from Foreign Jurisdictions and Supranational Jurisdictions.- Consistent with the national
interest, all requests for proscription made by another jurisdiction or supranational jurisdiction shall be referred by the Department
of Foreign Affairs (DFA) to the ATC to determine, with the assistance of the NICA, if proscription under Section 26 of this Act is
warranted. If the request for proscription is granted, the ATC shall correspondingly commence proscription proceedings through
DOJ.

Section 29. Detention Without Judicial Warrant of Arrest. - The provisions of Article 125 of the revised Penal Code to the
contrary notwithstanding, any law enforcement agent or military personnel, who, having been duly authorized in writing by the
ATC has taken custody of a person suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9,
10, 11 and 12 of this Act, shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper
judicial authorities, deliver said suspected person to the proper judicial authority within a period of fourteen (14) calendar days
counted from the moment the said suspected person has been apprehended or arrested, detained, and taken into custody by the
law enforcement agent or military personnel. The period of detention may be extended to a maximum period of (10) calendar
days if it is established that (1) further detention of the person/s is necessary to preserve evidence related to terrorism or
complete the investigation; (2) further detention of the person/s is necessary to prevent the commission of another terrorism; and
(3) the investigation is being conducted properly and without delay.

Immediately after taking custody of a person suspected of committing terrorism or any member of a group of persons,
organization or association proscribed under Section 26 hereof, the law enforcement agent or military personnel shall notify in
writing the judge of the court nearest the place of apprehension or arrest of the following facts: (a) the time, date, and manner of
arrest; (b) the location or locations of the detained suspect/s and (c) the physical and mental condition of the detained suspect/s.
The law enforcement agent or military personnel shall likewise furnish the ATC and the Commission on Human Rights (CHR) of
the written notice given to the judge.

The head of the detaining facility shall ensure that the detained suspect is informed of his/her rights as a detainee and shall
ensure access to the detainee by his/her counsel or agencies and entities authorized by law to exercise visitorial powers over
detention facilities.

The penalty of imprisonment of ten (10) years shall be imposed upon the police or law enforcement agent or military personnel
who fails to notify any judge as provided in the preceding paragraph.

Section 30. Rights of a Person under Custodial Detention. - The moment a person charged with or suspected of committing any
of the acts defined and penalized under Sections 4, 5, 7, 6, 7, 8, 9, 10, 11 and 12 of this Act is apprehended or arrested and
detained, he/she shall forthwith be informed, by the arresting law enforcement agent or military personnel to whose custody the
person concerned is brought, of his/her right: (a) to be informed of the nature and cause of his/her arrest, to remain silent and to
have competent and independent counsel preferably of his/her right: (a) to be informed of the nature and cause of his/her arrest,
to remain silent and to have competent and independent counsel preferably of his/her choice. If the person cannot afford the
services of counsel of his/her choice, the law enforcement agent or military personnel concerned shall immediately contact the
free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO). It shall be the duty of
the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person/s detained and provide him/her
with legal assistance. These rights cannot be waived except in writing and in the presence of his/her counsel of choice: (b)
informed of the cause or causes of his/her detention in the presence of his legal counsel; (c) allowed to communicate freely with
his/her legal counsel and to confer with them at any time without restriction; (d) allowed to communicate freely and privately
without restrictions with the members of his/her family or with his/her nearest relatives and to be visited by them; and, (e) allowed
freely to avail of the service of a physician or physicians of choice.

Section 31. Violation of the Rights of a Detainee. - The penalty of imprisonment of ten (10) years shall be imposed upon any law
enforcement agent or military personnel who has violated the rights of persons under their custody, as provided for in Section 29
and 30 of this Act.

Unless the law enforcement agent or military personnel who violated the rights of a detainee or detainees as stated above is duly
identified, the same penalty shall be imposed on the head of the law enforcement unit or military unit having custody of the
detainee at the time the violation was done.

Section 32. Official Custodial Logbook and Its Contents. - The law enforcement custodial, unit in whose care and control the
person suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act
has been placed under custodial arrest and detention shall keep a securely and orderly maintained official logbook, which is
hereby declared as a public document and opened to and made available for the inspection and scrutiny of the lawyer of the
person under custody or any member of his/her family or relative by consaguinity or affinity within the fourth civil degree or
his/her physician at any time of the day or night subject to be reasonable restrictions by the custodial facility. The logbook shall
contain a clear and concise record of; (a) the name, description, and address of the detained person; (b) the date and exact time
of his/her initial admission for custodial arrest and detention: (c) the name and address of the physician or physicians who
examined him/her physically and medically; (d) the state of his/her health and physical condition at the time of his/her initial
admission for custodial detention; (e) the date and time of each removal of the detained person from his/her cell for interrogation
or for any purpose; (f) the date and time of his/her return to his/her cell; (g) the name and address of the physician or physicians
who physically and medically examined him/her after each interrogation; (h) a summary of the physical and medical findings on
the detained person after each of such interrogation; (j) the names and addresses of his/her family members and nearest
relatives if any and if available; (j) the names and addresses of persons, who visit the detained person; (k) the date and time of
each of such visit; (l) the date and time of each request of the detained person to communicate and confer with his/her legal
counsel or counsels; (m) the date and time of each visit, and date and time of each departure of his/her legal counsel or
counsels; and (n) all other important events bearing on and all relevant details regarding the treatment of the detained person
while under custodial arrest and detention.

The said law enforcement custodial unit shall upon demand of the aforementioned lawyer or members of the family or relatives
within the fourth civil degree of consanguinity or affinity of the person under custody of his/her physician, issue a certified true
copy of the entries of the logbook relative to the concerned detained person subject to reasonable restrictions by the custodial
facility. This certified true copy may be attested by the person who has custody of the logbook or who allowed the party
concerned to scrutinize it at the time the demand for the certified true copy is made.

The law enforcement custodial unit who fails to comply with the preceding paragraphs to keep an official logbook shall suffer the
penalty of imprisonment of ten (10) years.

Section 33. No Torture or Coercion in Investigation and Interrogation. - The use of torture and other cruel, inhumane and
degrading treatment or punishment, as defined in Sections 4 and 5 of Republic Act no. 9745 otherwise known as the "Anti-
Torture Act of 2009," at any time during the investigation or interrogation of a detained suspected terrorist is absolutely prohibited
and shall be penalized under said law. Any evidence obtained from said detained person resulting from such treatment shall be,
in its entirely, inadmissible and cannot be used as evidence in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.

Section 34. Restriction on the Right to Travel. - Prior to the filing of an information for any violation of Sections 4, 5, 6, 7, 8, 9, 10,
11 and 12 of this Act, the investigating prosecutor shall apply for the issuance of a precautionary hold departure order (PHDO)
against the respondent upon a preliminary determination of probable cause in the proper Regional Trial Court.

Upon the filing of the information regarding the commission of any acts defined and penalized under the provisions of this ACT,
the prosecutor shall apply with the court having jurisdiction for the issuance of a hold departure order (HDO) against the accused.
The said application shall be accompanied by the complaint-affidavit and its attachments, personal details, passport number, and
a photograph of the accused, if available.

In cases where evidence of guilt is not strong, and the person charged is entitled to bail and is granted the same, the court, upon
application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where h/she resides or
where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the
Constitution. The court shall immediately furnish the DOJ and the Bureau of Immigration (BI) with the copy of said order. Travel
outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions
of his/her bail, which shall be forfeited as provided under the Rules of Court.

He/she may also be placed under house arrest by order of the court at his/her usual place of residence. ℒ αwρhi৷

While under house arrest, he/she may not use telephones, cellphones, e-mails, computers, the internet, or other means of
communications with people outside the residence until otherwise ordered by the court.

If the evidence of guilt, is strong, the court shall immediately issue an HDO and direct the DFA to initiate the procedure for the
cancellation of the passport of the accused.

The restrictions above-mentioned shall be terminated upon the acquittal of the accused or the dismissal of the case file against
him/her or earlier upon the discretion of the court on motion of the prosecutor or of the accused.

Section 35. Anti-Money Laundering Council Authority to Investigate, Inquire into and Examine Bank Deposits. - Upon the
issuance by the court of a preliminary order of proscription or in case of designation under Section 25 of this Act, the AMLC,
either upon its own initiative or at the request of the ATC, is hereby authorized to investigate: (a) any property or funds that are in
any way related to financing of terrorism as defined and penalized under Republic Act No. 10168, or violation of Sections 4, 6, 7,
10, 11 or 12 of this Act: and (b) property or funds of any person or persons in relation to whom there is probable cause to believe
that such persons are committing or attempting or conspiring to commit, or participating in or facilitating the financing of the
aforementioned sections of this Act.

The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the
government, including government-owned and -controlled corporations in undertaking measures to counter the financing of
terrorism, which may include the use of its personnel, facilities and resources.

For purposes of this section and notwithstanding the provisions of Republic Act no. 1405, otherwise known as the "Law on
Secrecy of Bank Deposits", as amended; Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the
Philippines", as amended; Republic Act No. 8791, otherwise known as "The General Banking Law of 2000" and other laws, the
AMLC is hereby authorized to inquire into or examine deposits and investments with any banking institution or non-bank financial
institution and their subsidiaries and affiliates without a court order.

Section 36. Authority to Freeze. - Upon the issuance by the court of a preliminary order of proscription or in case of designation
under Section 25 of this Act, the AMLC, either upon its own initiative or request of the ATC, is hereby authorized to issue an ex
parte order to freeze without delay: (a) any property or funds that are in any way related to financing of terrorism as defined and
penalized under Republic Act No. 101168, or any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act ; and (b) property or
funds of any person or persons in relation to whom there is probable cause to believe that such person or persons are
committing or attempting or conspiring to commit, or participating in or facilitating the financing of the aforementioned sections of
this Act.

The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed by the AMLC before the
expiration of the period, the effectivity of the freeze order may be extended up to a period not exceeding six (6) months upon
order of the Court of Appeals: Provided, That, the twenty-day period shall be tolled upon filing of a petition to extend the
effectivity of the freeze order.

Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines international obligations, shall be
authorized to issue a freeze order with respect to property or funds of a designated organization, association, group or any
individual to comply with binding terrorism-related resolutions, including UNSCR No. 1373 pursuant to Article 41 of the charter of
the UN. Said freeze order shall be effective until the basis for the issuance thereof shall have been lifted. During the effectivity of
the freeze order, an aggrieved party may, within twenty (20) days from issuance, file with the Court of Appeals a petition to
determine the basis of the freeze order according to the principle of effective judicial protection: Provided, That the person whose
property or funds have been frozen may withdraw such sums as the AMLC determines to be reasonably needed for monthly
family needs and sustenance including the services of counsel and the family medical needs of such person.

However, if the property or funds subject of the freeze order under the immediately preceding paragraph are found to be in any
way related to financing of terrorism as defined and penalized under Republic Act No. 10168, or any violation of Sections 4, 5, 6,
7, 8, 9, 10, 11 or 12 of this Act committed within the jurisdiction of the Philippines, said property or funds shall be the subject of
civil forfeiture proceedings as provided under Republic Act No. 10168.

Section 37. Malicious Examination of a Bank or a Financial Institution. - Any person who maliciously, or without
authorization,examines deposits, placements, trust accounts, assets, or records in a bank or financial institution in relation to
Section 36 hereof, shall suffer the penalty of four (4) years of imprisonment.
Section 38. Safe Harbor. - No administrative, criminal or civil proceedings shall lie aginst any person acting in good faith when
implementing the targeted financial sanctions as provided under pertinent United Nations Security Resolutions.

Section 39. Bank Officials and Employees Defying a Court Authorization. - An employee, official, or a member of the board of
directors of a bank or financial institution, who after being duly served with the written order of authorization from the Court of
appeals, refuses to allow the examination of the deposits, placements, trust accounts, assets, and records of a terrorist or an
outlawed group of persons, organization or association, in accordance with Section 25 and 26 hereof, shall suffer the penalty of
imprisonment of four (4) years.

Section 40. Immunity and Protection of Government Witnesses. - The immunity and protection of government witnesses shall be
governed by the provisions of Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefits Act".

Section 41. Penalty for Unauthorized revelation of Classified Materials. - The penalty of imprisonment of ten (10) years shall be
imposed upon any person, law enforcement agent or military personnel, judicial officer or civil servant who, not being authorized
by the Court of Appeals to do so, reveals in any manner or form any classified information under this Act. The penalty imposed
herein is without prejudice and in addition to any corresponding administrative liability the offender may have incurred for such
acts.

Section 42. Infidelity in the Custody of Detained Persons. - Any public officer who has direct custody of a detained person under
the provisions of this Act and, who, by his deliberate act, misconduct or inexcusable negligence, causes or allows the escape of
such detained person shall be guilty of an offense and shall suffer the penalty of ten (10) years of imprisonment.

Section 43. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. - The penalty of imprisonment of
six (6) years shall be imposed upon any person who knowingly furnishes false testimony, forged document or spurious evidence
in any investigation or hearing conducted in relation to any violations under this Act.

Section 44. Continuous Trial. - In cases involving crimes defined and penalized under the provisions of this Act, the judge
concerned shall set the case for continuous trial on a daily basis from Monday to Thursday or other short-term trial calendar to
ensure compliance with the accussed's right to speedy trial.

Section 45. Anti-Terrorism Council. - An Anti-Terrorism Council (ATC) is hereby created. The members of the ATC are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the National Security Adviser who shall be its Vice Chairperson; and (3)
the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (50 the Secretary of the Interior and Local Government;
(6) the Secretary of Finance; (7) the Secretary of Justice; (8) the Secretary of Information and Communications technology; and
(9) the Executive Director of the Anti-Money Laundering Council (AMLC) Secretariat as its other members.

The ATC shall implement this Act and assume the responsibility for the proper and effective implementation of the policies of the
country against terrorism. The ATC shall keep records of its proceedings and decisions. All records of the ATC shall be subject to
such security classifications as the ATC may, in its judgment and discretion, decide to adopt to safeguard the safety of the
people, the security of the Republic, and welfare of the nation.

The NICA shall be the Secretariat of the ATC. The ATC shall define the powers, duties, and functions of the NICA as Secretariat
of the ATC. The Anti-Terrorism Council-Program Management Center (ATC-PMC) is hereby institutionalized as the main
coordinating and program management arm of the ATC. The ATC shall define the powers, duties, and functions of the ATC-
PMC. The Department of Science and Technology (DOST), the Department of Transportation (DOTr), the Department of Labor
and Employment (DOLE), the Department of Education (DepEd), the Department of Social Welfare and Development (DSWD),
the Presidential Adviser for Peace, Reunification and Unity (PAPRU, formerly PAPP), the Bangsamoro Autonomous Region in
Muslim Mindanao (BARMM), the National Bureau of Investigation (NBI), the BI, the Office of Civil Defense (OCD), the
Intelligence Service of the Armed Forces of the Philippines (ISAFP), the Philippine Center on Transnational Crimes (PCTC), the
Philippine National Police (PNP) intelligence and investigative elements, the Commission on Higher Education (CHED), and the
National Commission on Muslim Filipinos (NCMF) shall serve as support agencies of the ATC.

The ATC shall formulate and adopt comprehensive, adequate, efficient, and effective plans, programs, or measures to prevent,
counter, suppress, or eradicate the commission of terrorism in the country and to protect the people from such acts. In pursuit of
said mandate, the ATC shall create such focus programs to prevent and counter terrorism as necessary, to ensure the counter
terrorism operational awareness of concerned agencies, to conduct legal action and to pursue legal and legislative initiatives to
counter terrorism, prevent and stem terrorist financing, and to ensure compliance with international commitments to counter
terrorism-related protocols and bilateral and/or multilateral agreements, and identify the lead agency for each program, such as:

(a) Preventing and countering violent extremism program- The program shall address the conditions conductive
to the spread of terrorism which include, among others: ethnic, national, and religious discrimination; socio-
economic disgruntlement; political exclusion; dehumanization of victims of terrorism; lack of good governance;
and prolonged unresolved conflicts by winning the hearts and minds of the people to prevent them from engaging
 in violent extremism. It shall identify, integrate, and synchronize all government and non-government initiatives
and resources to prevent radicalization and violent extremism, thus reinforce and expand an after-care program;

(b) Preventing and combating terrorism program- The program shall focus on denying terrorist groups access to
the means to carry out attacks to their targets and formulate response to its desired impact through decisive
engagements. The program shall focus on operational activities to disrupt and combat terrorism activities and
attacks such as curtailing, recruitment, propaganda, finance and ,logistics, the protection of potential targets, the
exchange of intelligence with foreign countries, and the arrest of suspected terrorists;

(c) International affairs and capacity building program- The program shall endeavor to build the state's capacity to
prevent and combat terrorism by strengthening the collaborative mechanisms between and among ATC members
and support agencies and facilitate cooperation among relevant stakeholders, both local and international, in the
battle against terrorism; and

(d) Legal affairs program- The program shall ensure respect for human rights and adherence to the rule of law as
the fundamental bases of the fight against terrorism. It shall guarantee compliance with the same as well as with
international commitments to counter terrorism-related protocols and bilateral and/or multilateral agreements.

Nothing herein shall be interpreted to empower the ATC to exercise any judicial or quasi-judicial power or authority.

Section 46. Functions of the Council. - In pursuit of its mandate in the previous Section, the ATC shall have the following
functions with due regard for the rights of the people as mandated by the Constitution and pertinent laws:

(a) Formulate and adopt plans, programs, and preventive and counter-measures against terrorist and terrorism in
the country;

(b) Coordinate all national efforts to suppress and eradicate terrorism in the country and mobilize the entire nation
against terrorism prescribed in this Act;

(c) Direct the speedy investigation and prosecution of all persons detained or accused for any crime defined and
penalized under this Act;

(d) Monitor the progress of the investigation and prosecution of all persons accused and/or detained for any crime
defined and penalized under the provisions of this Act;

(e) Establish and maintain comprehensive database information systems on terrorism, terrorist activities, and
counter terrorism operations;

(f) Enlist the assistance of and file the appropriate action with the AMLC to freeze and forfeit the funds, bank
deposits, placements, trust accounts, assets and property of whatever kind and nature belonging (i) to a person
suspected of or charged with alleged violation of any of the acts defined and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11 and 12 of this Act, (ii) between members of a judicially declared and outlawed terrorist organization or
association as provided in Section 26 of this Act; (ii) to designated persons defined under Section 3(e) of R.A. No.
10168; (iv) to an individual member of such designated persons; or (v) any individual, organization, association or
group of persons proscribed under Section 26 hereof;

(g) Grant monetary rewards and other incentives to informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and conviction of person or persons found guilty for violation of any
of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act: Provided, That, no
monetary reward shall be granted to informants unless the accused's demurrer to evidence has been denied or
the prosecution has rested its case without such demurrer having been filed;

(h) Establish and maintain coordination with and the cooperation and assistance of other states, jurisdictions,
international entities and organizations in preventing and combating international terrorism;

(i) Take action on relevant resolutions issued by the UN Security Council acting under Chapter VII of the UN
Charter; and consistent with the national interest, take action on foreign requests to designate terrorist individuals,
associations, organizations or group of persons;

(j) Take measures to prevent the acquisition and proliferation by terrorists of weapons of mass destruction;
 (k) Lead in the formulation and implementation of a national strategic plan to prevent and combat terrorism;

(l) Request the Supreme Court to designate specific divisions of the Court of Appeals or Regional Trial Courts to
handle all cases involving the crimes defined and penalized under this Act;

(m) Require other government agencies, offices and entities and officers and employees and non-government
organizations, private entities and individuals to render assistance to the ATC in the performance of its mandate;
and

(n) Investigate motu propio or upon complaint any report of abuse, malicious application or improper
implementation by any person of the provisions of this Act.

Section 47. Commission on Human Rights (CHR). - The CHR shall give the highest priority to the investigation and prosecution
of violations of civil and political rights of persons in relation to the implementation of this Act.

Section 48. Ban on Extraordinary Rendition .- No person suspected or convicted of any of the crimes defined and penalized
under the provisions of Sections 4, 5, 6, 7, 8, 8, 10, 11 or 12 of this Act shall be subjected to extraordinary rendition to any
country.

Section 49. Extraterritorial Application. - Subject to the provision of any treaty of which the Philippines is a signatory and to any
contrary provision of any law of preferential application, the provisions of this Act shall apply:

(a) To a Filipino citizen or national who commits any of the acts defined and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11 and 12 of this Act outside the territorial jurisdiction of the Philippines;

(b) To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the
crimes mentioned in Paragraph (a) hereof inside the territorial limits of the Philippines;

(c) To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the
said crimes mentioned in Paragraph (a) hereof on board Philippine ship or Philippine airship;

(d) To individual persons who commit any of said crimes mentioned in Paragraph (a) hereof within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity;

(e) To individual persons who, although physically outside the territorial limits of the Philippines, commit said
crimes mentioned in Paragraph (a) hereof against Philippine citizens or persons of Philippine descent, where their
citizenship or ethnicity was a factor in the commission of the crime; and

(f) To individual persons who, although physically outside the territorial limits of the Philippines, commit said
crimes directly against the Philippine government. 1avv phi 1

In case of an individual who is neither a citizen or a national of the Philippines who commits any of the crimes mentioned in
Paragraph (a) hereof outside the territorial limits of the Philippines, the Philippines shall exercise jurisdiction only when such
individual enters or is inside the territory of the Philippines: Provided, That, in the absence of any request for extradition from the
state where the crime was committed or the state where the individual is a citizen or national, or the denial thereof, the ATC shall
refer the case to the BI for deportation or to the DOJ for prosecution in the same manner as if the act constituting the offense had
been committed in the Philippines.

Section 50. Joint Oversight Committee. - Upon the effectivity of this Act, a Joint Congressional Oversight Committee is hereby
constituted. The Committee shall be composed of twelve (12) members with the chairperson of the Committee on Public Order of
the Senate and the House of Representatives as members and five (5) additional members from each House to be designated
by the Senate President and the
Speaker of the House of Representatives, respectively. The minority shall be entitled to a pro-ratas representation but shall have
at least two (2) representatives in the Committee.

In the exercise of its oversight functions, the Joint Congressional Oversight Committee shall have the authority to summon law
enforcement or military officers and the members of the ATC to appear before it, and require them to answer questions and
submit written reports of the acts they have done in the implementation of this Act and render an annual report to both Houses of
Congress as to its status and implementation.
Section 51. Protection of Most Vulnerable Groups. - There shall be due regard for the welfare of any suspects who are elderly,
pregnant, persons with disability, women and children while they are under investigation, interrogation or detention.

Section 52. Management of Persons Charged Under this Act. - The Bureau of Jail Management and Penology (BJMP) and the
Bureau of Corrections (BuCoR) shall establish a system of assessment and classification for persons charged for committing
terrorism and preparatory acts punishable under this Act. Said system shall cover the proper management, handling, and
interventions for said persons detained.

Persons charged under this Act shall be detained in existing facilities of the BJMP and the BuCoR.

Section 53. Trial of Persons Charged Under this Act. - Any person charged for violations of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12
of this Act shall be tried in special courts created for this purpose.In this regard, the Supreme Court shall designate certain
branches of the Regional Trial Courts as anti-terror courts whose jurisdiction is exclusively limited to try violations of the above
mentioned provisions of this Act.

Persons charged under the provisions of this Act and witnesses shall be allowed to remotely appear and provide testimonies
through the use of video-conferencing and such other technology now known or may hereafter be known to science as approved
by the Supreme Court.

Section 54. Implementing Rules and Regulations.- The ATC and the DOJ, with the active participation of police and military
institutions, shall promulgate the rules and regulations for the effective implementation of this Act within ninety (90) days after its
effectivity. They shall also ensure the full dissemination of such rules and regulations to both Houses of Congress, and all officers
and members of various law enforcement agencies.

Section 55. Separability Clause.- If for any reason any part or provision of this Act is declared unconstitutional or invalid, the
other parts or provisions hereof which are not affected shall remain and continue to be in full force and effect.

Section 56. Repealing Clause.- Republic Act No. 9372, otherwise known as the "Human Security Act of 2007", is hereby
repealed. All laws, decrees, executive orders, rules or regulations or parts thereof, inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.

Section 57. Saving Clause.- All judicial decisions and orders issued, as well as pending actions relative to the implementation of
Republic Act No. 9372, otherwise known as the "Human Security Act of 2007", prior to its repeal shall remain valid and effective.

Section 58. Effectivity.- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at
least two (2) newspapers of general circulation.

Approved,

(SGD.) ALAN PETER S. CAYETANO (SGD.) VICENTE C. SOTTO III

Speaker of the House of Representatives President of the Senate

This Act was passed by the Senate of the Philippines as Senate Bill No. 1083 on February 26, 2020, and adopted by the House
of Representatives as an amendment to House Bill No. 6875 on June 5, 2020, respectively.

(SGD.) JOSE LUIS G. MONTALES (SGD.) MYRA MARIE D. VILLARICA

Secretary General House of Representatives Secretary of the Senate

Approved: JUL 03 2020

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines

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