RA 11930
"ANTI-ONLINE SEXUAL ABUSE OR
EXPLOITATION OF CHILDREN (OSAEC) AND
ANTI-CHILD SEXUAL ABUSE OR
EXPLOITATION MATERIALS (CSAEM) ACT."
The OSAEC law replaced the term “child pornography”
with the more aptly descriptive term ”child sexual
abuse or exploitation material or chils sexual abuse
THE OSAEC LAW material”;
REPEALED THE The OSAEC expanded the coverage of the law to include
ANTI-CHILD materials that focuses on the genitalia or other private
body parts of the child, removing the previous
PORNOGRAPHY qualification that such exhibition must be lascivious;
LAW
The child-victim is not required to be presented in court
during the trial and shall testify in accordance with the
“Rule on Examination of a Child Witness”
RA 11930
Lapsed into law on July 30, 2022
IRR was signed on May 18, 2023
CHILD
• A person below 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. A child also refers to:
1. A person regardless of age who is represented, depicted or portrayed as a child as defined herein;
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
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
CHILD SEXUAL ABUSE OR EXPLOITATION MATERIAL
(CSAEM)/CHILD SEXUAL ABUSE MATERIAL (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 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.
CHILD SEXUAL EXPLOITATION REFERS TO
ANY OF THE FOLLOWING:
1. Child sexual abuse with consideration, whether monetary or non-monetary, 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.
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
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
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
ONLINE SEXUAL ABUSE OR EXPLOITATION OF
CHILDREN (OSAEC)/ONLINE CHILD SEXUAL
EXPLOITATION OR ABUSE (OCSEA)
• Refers to the use of ICT as a means to abuse and/or exploit children sexually, which included 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
PANDERING
• Refers to the act of offering, advertising, promoting, representing or distributing through any
means any CSAEM, or any material that purports to contain any form of CSAEM, regardless of
its content
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
SEXUAL ACTIVITY (WHETHER ACTUALLY
PERFORMED OR SIMULATED) INCLUDES:
1. Sexual intercourse or lascivious conduct, 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
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
WHO HAS THE DUTY TO REPORT OSAEC OR
CSAEM OFFENSE?
• Any person who has direct knowledge of any form of the unlawful or prohibited acts defined under Section 4 of RA
11930 shall immediately report the incident, either orally, in writing, or through other means, to the:
1. Barangay Council for the Protection of Children (BCPC) or the concerned barangay authorities,
2. LSWDO,
3. nearest police or other LEAs,
4. Local Council for the Protection of Children (LCPC),
5. School Child Protection Committee,
6. Regional Inter-agency committee against trafficking in persons and violence against women and their children (RCAT-
VAWC),
7. any member of the National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM)
8. Local anti-OSAEC and anti-CSAEM committees, or
9. Any member of the IACAT
HOW TO RESPOND TO THE REPORT?
• The person who receives the report shall act on it according to his/her mandate or that of the
agency or unit s/he represents within 24 hours from receipt of the report.
WHAT IF IT REQUIRES URGENT ACTION?
• It should be immediately referred to the appropriate agency. Agencies that receive complaints of
violations of the Act shall develop both online and face-to-face reporting mechanisms that are
child-sensitive, gender-responsive, disability-inclusive, culture-sensitive, victim-centered, trauma-
informed and safe to children
CONFIDENTIALITY OF THE REPORTER
• The confidentiality of the reporter under the Protocol for Case Management of Child Victims of
Abuse, Neglect, and Exploitation (Case Management Protocol) shall be observed. It means that
their protection and anonymity shall be assured
ACTION BY BARANGAY AUTHORITIES AND
LSWDO
• Immediately get the pertinent details of the incident from the person who made the report, such as
but not limited to the:
a) Name, address, age, sex, and gender of the child victim-survivor;
b) Location of the child victim-survivor and/or where the OSAEC or CSAEM incident occurred;
c) Name and address of the alleged or suspected offender;
d) Manner of committing the alleged offense; and
e) Names and addresses of witnesses, if any
ACTION BY BARANGAY AUTHORITIES AND
LSWDO
The BCPC or the concerned barangay authorities, or the LSWDO shall accompany the informant
or refer the case to the nearest police station;
The BCPC or the concerned barangay authorities, and the LSWDO shall implement security
measure pursuant to Sec. 20, RA 10173 (Data Privacy Act of 2012) for the protection of personal
data in the separate logbook and/or blotter containing the report
When the alleged OSAEC or CSAEM incident has just happened and it is likely that the offenders
could be intercepted/arrested and/or the child victim-survivors could be rescued, the BCPC or the
concerned barangay authorities, and the LSWDO shall immediately coordinate with the neared
police authorities
ACTION OF LEAS ON A REPORTED CASE OF
OSAEC OR CSAEM
• Any LEA, motu proprio or within 10 days, upon receipt of a report of a referral of a suspected
OSAEC or CSAEM violation should immediately initiate investigation and counter-OSAEC and
CSAEM-intelligence gathering upon receipt of statements or affidavits from child victim-survivors
of OSAEC or CSAEM, or their families, and other persons who have knowledge or information
about violations of the act
• Those who will receive statements or affidavits of the child victim-survivor shall be accompanied
by a social worker or in the absence of an available one, a law enforcement officer (LEO) or
professional who is trained in child-friendly procedures.
OBJECTIVES OF A LAW ENFORCEMENT
OPERATION
a) Rescue, protect, and assist the child victim-survivor;
b) Arrest the suspects in the act of committing an offense;
c) Seize evidence to support eventual prosecution of the suspects; and
d) Ensure the best interest of the child during and after the rescue operation, including during
judicial process
GENERAL GUIDANCE IN THE CONDUCT OF
LAW ENFORCEMENT OPERATIONS
1. Carry-out a pro-active investigation;
2. Obtain a search warrant or other court orders unless the interest of time, safety of the child
victim-survivors and other analogous circumstances require otherwise;
3. Obtain a cybercrime warrant or other court orders necessary for the disclosure, interception,
search, and examination of computer data or other pieces of electronic evidence;
4. Coordinate, when necessary, with other relevant agencies to facilitate the successful conduct of the
operation
GENERAL GUIDANCE IN THE CONDUCT OF
LAW ENFORCEMENT OPERATIONS
5. Cordon off and secure the place where the exploitation or abuse occurred or where the child
victim-survivors are found to ensure the integrity of the evidence until the incident response
conducted by the first responders had been completed;
6. Inform the arrested person/s of the reason/s for the arrest and other rights under RA 7438 (An act
defining certain rights of persons arrested, detained or under custodial investigation as well as the
duties of the arresting, detaining and investigation officers, and providing penalties for violations
thereof)
7. In case of warrantless arrest, the arresting officer shall strictly observe the Rules on Warrantless
Arrest as prescribed under Sec. 5, Rule 113 of A.M. No. 00-5-03-SC (Revised Rules on Criminal
Procedure)
GENERAL GUIDANCE IN THE CONDUCT OF
LAW ENFORCEMENT OPERATIONS
8. Issue subpoena against service providers or any person for the disclosure of subscriber’s
information or registration information and/or traffic data. The Director of NBI and the Chief of PNP
shall be authorized to issue subpoena in relation to the conduct of investigation involving violations
under the Act;
9. Conduct the law enforcement operation in a child-sensitive, gender-responsive, disability-inclusive,
culture-sensitive, victim-centered, trauma-informed, and safe manner; and
10. ensure that during enforcement operations, media coverage shall be in accordance with the DOJ
Guide for Media practitioners on the reporting and covering of cases involving children
COORDINATION PRIOR TO THE LAW
ENFORCEMENT OPERATION
The team conducting a law enforcement operation shall coordinate with the DSWD, or the
LSWDO of the place where the operation will be conducted, or an SWDA on children’s rights and
ensure their presence during the operation
In case of unavailability: the law enforcement team shall continue with the operation and ensure
the presence of social workers immediately upon their availability
May coordinate with other relevant government agencies as the situation requires
DUTY OF THE DSWD, LSWDO, OR SWDA
DURING THE OPERATION
Shall provide protection and assistance to child victim-survivors as soon as they are in the custody
of the authorities
In case of large number of child victim survivors: the attending social worker may, prior to, or
after the rescue, request reinforcement from the nearest DSWD field office, LSWDO, or SWDA
TREATMENT OF CHILD VICTIM-SURVIVORS
During a rescue operation: the members of the rescue team shall:
a. Ensure full protection and respect of the rights of the child victim-survivors during an operation.
b. Immediately after the rescue, the team shall separate the child victim-survivor from the suspected
offenders.
c. The rescued child victim-survivor shall be removed from the scene and immediately endorsed to
the care and assistance of the social workers
TREATMENT OF CHILD VICTIM-SURVIVORS
Immediately after the rescue: the DSWD, LSWDO, or SWDA shall:
a. Ensure that the immediate needs of the child victim-survivor are addressed after the rescue.
b. The child victim-survivor shall be informed of the situation and the legal processes that will take
place following the operation, such as the conduct of an investigation, the taking of his/her
statement, and appearance before a prosecutor for inquest proceedings.
c. The child victim-survivor shall likewise be informed of the assistance and the options available in
the language known to him/her.
The LEOs, in coordination with the DSWD, LSWDO, or SWDA, shall likewise provide
transportation and security services to the rescued child victim-survivor during inquest
proceedings, preliminary investigation, and court hearings, when the need arises
TAKING OF STATEMENT OF THE CHILD
VICTIM-SURVIVOR
1. It shall be taken after s/he has been informed about, and is able to understand, the legal
procedures and the value of the statement given.
2. The statement shall be taken in a place conducive for conducting interviews, in the presence of a
registered social worker, and in a child-sensitive, gender-responsive, disability-inclusive, culture-
sensitive, victim-centered, trauma-informed, and safe manner
3. A joint interview by an investigator and a social worker should be enjoined to avoid repetitive
interviews and the same may be documented by any available medium of recording with the
consent of the guardian of the child victim-survivor, or any duly licensed person or institution
having protective custody of the child victim-survivor; Provided, that if this is joint interview shall
be recorded via video, that it be conducted in accordance with the Rule on Examination of a child
witness (A.M. No. 004-07-SC)
TAKING OF STATEMENT OF THE CHILD
VICTIM-SURVIVOR
The transcript and the copy of the audio or video interview conducted by the investigator and/or
social worker who are specially trained to conduct such interview, concerning the personal
information of the child victim-survivor and such manner by which the child victim-survivor was
abused or exploited can be utilized as evidence before the office of the prosecutor and before the
court, in lieu of a sworn statement.
N.B.: the interviewer and/or the person who recorded the interview shall execute an affidavit
stating as to the manner s/he conducted the interview and how the interview was recorded
DOCUMENTATION AND PROCESSING
AFTER THE RESCUE OPERATION
The rescue team shall process and prepare the following:
a) For prosecutorial purposes, evidence such as, but not limited to the following:
1. Sworn statements of child victim-survivors and witnesses;
2. Affidavit of arrest (when a suspected offender has been arrested);
3. Pieces of evidence obtained from the crime scene;
4. Electronic evidence gathered through initial response tools or forensic examination upon the
approval of the court; and
5. Copy of the video of the body-worn camera or alternative recording device during the arrest and
operation pursuant to A.M. No. 21-06-08-SC (Rules on the Use of Body-Worn Cameras in the
execution of warrants)
DOCUMENTATION AND PROCESSING
AFTER THE RESCUE OPERATION
The rescue team shall process and prepare the following:
b.)For reportorial purposes: reports on the rescue operation, including the list of the rescued child
victim-survivors, their genders, ages, and profiles. (Standard Reporting Template shall be prescribed
by the NCC-OSAEC-CSAEM)
When: the report shall be submitted to the NCC-OSAEC-CSAEM secretariat within 15 days from
rescue operation
COOPERATION OF LEAS IN OSAEC AND
CSAEM INVESTIGATION
• The PNP, NBI, and Philippine Center on Transnational Crime (PCTC) shall endeavor to establish
cooperation arrangements with foreign LEAs for the effective detection and investigation of
OSAEC and CSAEM cases, which may include sharing of information, towards the apprehension
of suspected offenders, in the Philippines and abroad
WHO MAY FILE A COMPLAINT?
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 licensed child-caring institutions;
5. Officer or social worker of the DSWD;
6. Local social welfare development officer (LSWDO);
7. Any barangay official;
8. Any LEO;
9. At least 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 the Act
WHERE TO FILE COMPLAINT?
1. Where the offense was committed; or
2. Where any of its elements occurred; or
3. Where the child victim-survivor actually resides at the time of the commission of the offense
For purposes of inquest or preliminary investigation the complaint may be filed with the DOJ-Office
of the Secretary of Justice Prosecution Staff )OSJPS), or Provincial/City Prosecution Office where the
offense or any of its elements has been committed, is being committed, or is about to be committed
COMMENCEMENT OF INQUEST
PROCEEDINGS
The inquest proceedings shall be considered commenced upon receipt by the inquest prosecutor of
the following documents:
1. Affidavit of arrest duly subscribed and sworn to before him/her by the arresting officer;
2. The investigation report;
3. The sworn statements of the complainant/s and witness/es;
4. Copy of the video from the body-worn camera or alternative recording device pursuant to the
Rules on the Use of Body-worn cameras in the execution of warrants showing the arrest of the
respondent. In the absence thereof, any video would show how the respondent was arrested;
COMMENCEMENT OF INQUEST
PROCEEDINGS
5. Transcript of the audio or video forensic interview, if available;
6. Affidavit of the interviewer; and
7. Other supporting pieces of evidence gathered by the LEOs in the course of their investigation of the
criminal incident involving the arrested or detained person
COMMENCEMENT OF PRELIMINARY
INVESTIGATION
A preliminary investigation is commenced:
a) By the filing of a complaint directly with the DOJ or any of its local prosecution office;
b) By referral from or upon request of the LEA that investigated the incident involving any offense
under the Act;
c) Upon request of a person arrested or detained pursuant to an arrest without warrant who
executes a waiver in accordance with Art. 125 of the RPC, as amended;
d) By an order or upon the directive of the court or other competent authprity; or
e) Upon initiative of the NCC-OSAEC-CSAEM
PRESCRIPTIVE PERIOD
Shall prescribe in accordance with Section 1 of Act 3326, as amended
a. Offenses punished by fine or imprisonment for not more than 1 month, or both –after a year;
b. Offenses punished by imprisonment more than 1 month but less than 2 years –after 4 years;
c. Offenses punished by imprisonment for 2 years or more, but less than 6 years – after 8 years;
d. Offenses punished by imprisonment for 6 years or more (except for treason, which shall prescribe after 20
yrs) – after 15 yrs
e. Offenses punishable by death or life imprisonment – after 20 yrs
f. Violations of municipal ordinance prescribe after 2 months
UNLAWFUL OR PROHIBITED ACTS: (SEC. 4)
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, or participate
in the production, direction, manufacture, facilitation, or creation of the same;
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;
UNLAWFUL OR PROHIBITED ACTS: (SEC. 4)
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, r any form of, child sexual abuse and exploitation;
h.) to recruit, transport, harbor, provide, or receive a child to to indue or influence the same, for the
purpose of violating the 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 the Act;
UNLAWFUL OR PROHIBITED ACTS: (SEC. 4)
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 the Act;
k.) to knowingly benefit from, financial or otherwise, the commission of any of the offenses of the 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 the Act shall also be penalized;
UNLAWFUL OR PROHIBITED ACTS: (SEC. 4)
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;
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;
UNLAWFUL OR PROHIBITED ACTS: (SEC. 4)
r.) to possess any form of CSAEM: Provided, that possession of 3 or more CSAEMs is prima facie
evidence of the intent to sell, distribute, publish of broadcast;
s.) to willfully access any form of CSAEM; and
t.) to conspire to commit any of the prohibited acts stated: Provided, that the investigation or
prosecution of offenses under this Act shall be without prejudice to appropriate investigation and
prosecution mechanisms under RA 9208 as amended (ATIPA), and other related laws
PENALTIES (SEC. 10)
Section 4 Penalty
1. Pars. (a), (b), (c), (d), (e), (f), (g), (h), (i), and (j) Life imprisonment and a fine of not less than P2M
2. Pars. (k), and (l) Reclusion temporal maximum (17 yrs, 4 mos and 1
d) to reclusion perpetua (20 years to 40 yrs) and a
fine of not less than P1M but not more than P2M
3. Pars. (m), (n), and (o) Reclusion temporal maximum (17 yrs, 4 mos and 1
day to 20 yrs) and a fine not less than P800K but
not more than P1M
4. Par. (p) Reclusion temporal medium (14 yrs, 8 mos and 1
day to 17 yrs, 4 mos) and a fine of not less than
P500k but not more than P800K
PENALTIES (SEC. 10)
Section 4 Penalty
5. Par. (q) Reclusion temporal in its minimum (12 yrs 1 day to
to 14 yrs and 8 mos) and a fine of not less than
P300k but not more than P500K
6. Par. (r) Reclusion temporal (12 yrs 1 day to 20 yrs) and a
fine not less than P300K
7. par. (s) Prision mayor in its maximum ((10 yrs and 1 d to
12 yrs) and a fine of not less than P200K but not
more than P300K
8. par. (t) Prision mayor medium (8 yrs and 1 day to 10 yrs)
and a fine of not less than P100K but not more than
P200K
PENALTIES (SEC. 10)
Section Penalty
Section 6 (Syndicated and large-scale) Life imprisonment and a fine of not less than P5M
but not more than P20M
Section 9 (Duties and responsibilities of private Prision mayor in its medium (8yrs 1 day to 10 yrs)
sectors: internet intermediaries, ISPs, internet period and a fine of not less than (P1.2M) but not
hotspots, cafes, kiosks) more than P2M
*subsequent offense
Fine of not less than P2M but not more than P3M
and revocation of its license or franchise to operate
and the immediate closure of the establishment
PENALTIES (SEC. 10)
Section Penalty
Section 9 Offender is a government official/employee/agent
who abuses the authority under Sec 9 shall be
penalized with imprisonment of prision mayor in
its maximum period (10 yrs and 1 day to 12 yrs)
and perpetual disqualification to hold public office,
the right to vote and participate in public election
and a fine of not less than P500K. All benefits due
from service in the government shall also be
forfeited
WHO ARE INELIGIBLE FOR PAROLE?
1. Recidivist;
2. The offender is a step-parent or collateral relative within the 3 rd 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
WHAT 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 with a minimum of 10% but not more than 30% of its net worth and its respective
license or permit to operate may be revoked.
WHAT 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 bared from re-entering the Philippines.
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
SYNDICATED VS LARGE-SCALE
Syndicated – if committed or carried out by a group of 3 or more persons conspiring or
confederating with one another;
Large-scale – if committed against 3 or more persons
PROTECTION OF 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 pf 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 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 24 hours from the act of blocking an internet address, removing a website or
domain, or taking down of shared video, picture or messages
SAFE HARBOR EXCEPTION
Access, possession and recording of any CSAEM of any person for the purpose of:
1. complying with the duties under this Act;
2. reporting to government authorities;
3. legitimate investigation and administration of the criminal justice system;
4. Legitimate policy, scholarly and academic purposes with requisite ethical clearance
shall not be subject to any civil, criminal, or administrative liability
EXTRA-TERRITORIAL JURISDICTION
The State shall exercise jurisdiction 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 case of the latter, the suspect or accused is a Filipino citizen, a permanent resident of the
Philippines, and had committed the act against a citizen of the Philippines
PROTECTIVE CUSTODY OF THE CHILD
The child victim shall be immediately place under the protective custody of the city or municipal
social welfare and development office
Except:
a. If 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
In which case 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 the LGU shall provide for the
needs of the child
MANDATORY SERVICES TO VICTIMS OF CHILD
AND SEXUAL ABUSE OR EXPLOITATION
Concerned government agencies and the LGUs, through its city or municipal social welfare and
development offices shall make available the following to the victims and their families, when
applicable:
a) Emergency shelter or appropriate housing;
b) Counseling;
c) Free legal services
d) Medical and psychological services
e) Livelihood and skills training;
f) Educational assistance