RA 9344 Juvenile Justice and Welfare Act, as amended
by RA 10630
 Since this SPL has beneficial effect, it will be
applied retroactively
 Children who have committed a crime before the
enactment of RA 9344 will acquire the benefit
granted because of the retroactive effect
Definition of Terms:
Child – person under the age of 18 years
Under RA 9344, 2 brackets of Child:
a. No criminal liability even if child acted with
discernment –15 years old and below
b. Liability if acted with discernment – over 15 and
below 18 years old
Under Child Abuse Law:
c. Even if above 18, child who is suffering mental
and psychological illness
Under Child Pornography Law
d. Child does not only include one who is below 18,
or mentally disabled, but also include digitally
produced images of children
“Child at risk” – child who is vulnerable to and at the risk
of committing criminal offenses because personal,
family and social circumstances
“Child in Conflict with the Law” – child who is alleged as,
accused or adjudged as, having committed an offense
against Philippine Laws
"Diversion" – alternative, child-appropriate process of
determining the responsibility and treatment of a child in
confict with the law on the basis of his/her social,
cultural, economic, psychological or educational
background without resorting to formal court
proceedings.
"Diversion Program" – program that the child in confict
with the law is required to undergo after he/she is found
responsible for an offense without resorting to formal
court proceedings.
a. Diversion Outside of Court
- Prosecutor Level
- Police Level
- DSWD Level
b. Court Ordered Diversion
Penalty is the basis for diversion.
 If the penalty is 6 years and below, there will be an
out of court diversion program. This may be
conducted by the prosecutor or the local social
work and development officer (LSWDO)
 Instead of filing a case against the child, the child
will be diverted, or be detoured and put him in a
diversion program.
o If the diversion program fails, then a case will
now be filed.
o If the diversion program succeeds, when the
child is in remorse or does not show any
propensity, then the case will not be filed.
 If the penalty is more than 6 years, instead of the
diversion program be prior to the case, the case will
be first be immediately filed in court, then the
diversion will follow as ordered by the court. The
court will supervise the diversion through their own
social workers.
 If the diversion program fails, the case will continue
and the child in confict with law may even be
convicted.
 Any case involving a child will be filed in the Family
Court (RTC as a special court)
"Intervention" – a series of activities which are designed
to address issues that caused the child to commit an
offense. It may take the form of an individualized
treatment program which may include counseling, skills
training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-
being.
 Children 15 years old and below do not have any
criminal liability. However, if they do commit a
crime, there will be an intervention. As parens
patriae, the state will act and intervene to help these
children have a second chance in society
 This may be ordered by the court, even if a case is
already pending or before any filing of a case
Child in Confict of Law below 15 years old (Sec. 20)
1. Child to be released immediately to his parents,
guardians or nearest relative
2. With notice to LSWDO. If no parents, the child
will be released to the following:
a. Registered NGO or Non-Religious Org
b. Barangay official or BCPC
c. Local social welfare officer
d. DSWD
Status Offense
Sec. 57. Status Offenses. – Any conduct not considered
an offense or not penalized if committed by an adult
shall not be considered an offense and shall not be
punished if committed by a child.
Status offense are prohibited. Rugby sniffing is a status
offense. However, children who use rugby, cannot be
punished anymore.
Bahay Pag-asa - refers to a 24-hour child-caring
institution established, funded and managed by
local government units (LGUs) and licensed
and/or accredited nongovernment organizations
(NGOs) providing short-term residential care for
children in confict with the law who are above
fifteen (15) but below eighteen (18) years of age
who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction.
Automatic suspension of sentence
 The sentence of a CICL who committed a
crime when was below 18 years old and
found guilty shall be suspended without need
of application. If he already attained the age
of 18 at the time of sentencing, the sentence
may still be suspended, until he reaches the
age of 21 years old.
 During the suspension, disposition measures
as provided in the SC Rules shall be imposed.
(Sec. 38 and 40)
If the CICL is already convicted:
1. Can avail of probation anytime, even after he
appealed
- However, must still comply with the requirement
of Probation Law where the penalty actually
imposed must not be more than 6 years
- If penalty imposed is more than 6 years, no
probation can be availed of
2. Automatic suspension of sentence
- CICL does not have to file a motion to suspend
his service of sentence. Court will order the
suspension.
- Provided, that the CICL committed the crime
between the ages of over 15 and below 18 y/o
- However, the suspension cannot last forever.
Suspension will only be up to the age of 21 y/o
- The automatic suspension shall apply even if the
imposable penalty is Reclusion Perpetua as Sec.
38 does not make a distinction. (People v.
Sarcia, GR. 169641, Sept. 10, 2009)
3. Can only be detained in agricultural camps or
training institutions, if the CICL has reached the
age of majority
Confinement in camps and training facilities
A convicted CICL may still avail of Sec. 51 on
confinement in agricultural cams and other training
facilities instead of a regular penal institution even if:
1. He is more than 21 years old whose sentence
cannot anymore be suspended
2. He cannot avail of probation as his sentence is
more than 6 years (People v. Sarcia)
Probation
 The convicted CICL may avail of probation in lieu of
service of sentence, upon application at any time.
 The application may be done even after the period
to appeal has lapsed.
RA 9262 – Violence against Women
- Took effect on March 8, 2004
 Committed against:
o Wife and her child
o Former wife and her child
o Woman with whom he as or had:
 Sexual or dating relationship and her child
 Common child and her child (who may not be
common to both)
 Only applies to children of the victim. If it is a child of
the offender, VAWC will not apply. Child abuse may
be applied.
 VAWC can be committed by a female in a lesbian
relationship.
 VAWC can be committed against a male if he is a
child.
"Violence against women and their children" refers to
any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common
child, or against her child whether legitimate or
illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
"Physical violence" refers to acts that include bodily or
physical harm;
"Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
a. Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch
obscene publications and indecent shows or
forcing the woman or her child to do indecent acts
and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;
b. Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion; Prostituting the woman
or her child. at
"Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of
the right to custody and/or visitation of common
children.
"Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes, but
is not limited to the following:
1. Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
2. Deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
of the conjugal, community or property owned in
common;
3. Destroying household property;
4. Controlling the victim's own money or properties
or solely controlling the conjugal money or
properties.
 Includes women who are prohibited from working by
their husband as to make them dependent on their
husbands
 Conversely, if the woman herself does not want to
work, she cannot demand financial support and will
not be considered economic abuse
 If there is a common child between BF and GF, the
child can sue the father for support, and even VAWC
Psychological abuse may even be acts committed
outside the country as long as the intention was to cause
psychological abuse to one who is in the Philippines.
Spouses AAA and BBB were married. BBB went abroad
and married a second time and cohabited with the
second wife abroad. No crime of concubinage and
bigamy can be prosecuted in the Philippines. However,
even if the marriage and cohabitation of BBB and his
second wife was abroad, BBB may still be liable for
VAWC because this affects AAA, effectively causing her
psychological abuse.
What may be gleaned from Section 7 of R.A. No. 9262 is
that the law contemplates that acts of violence against
women and their children may manifest as transitory or
continuing crimes; meaning that some acts material and
essential thereto and requisite in their consummation
occur in one municipality or territory, while some occur
in another. In such cases, the court wherein any of the
crime's essential and material acts have been committed
maintains jurisdiction to try the case; it being understood
that the first court taking cognizance of the same
excludes the other. Thus, a person charged with a
continuing or transitory crime may be validly tried in any
municipality or territory where the offense was in part
committed. (AAA v. BBB, G.R. No. 212448, January 11,
2018)
Constitutionality of RA 9262
Garcia v. Drilon
 Not violative of the equal protection clause
 There is a valid classification
SECTION 44. Confidentiality. — All records pertaining to
cases of violence against women and their children
including those in the barangay shall be confidential and
all public officers and employees and public or private
clinics and hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be published,
in any format, the name, address, telephone number,
school, business address, employer, or other identifying
information of a victim or an immediate family member,
without the latter's consent, shall be liable to the
contempt power of the court.
(This confidentiality clause will also apply to the Juvenile
Justice, Child Abuse. In Trafficking cases, only the victim
is blurred and considered confidential.)
“While it is required that the offender has or had a sexual
or dating relationship with the offended woman, for RA
9262 to be applicable, it is not indispensable that the act
of violence be a consequence of such relationship.
It is immaterial whether the relationship had ceased for
as long as there is sufficient evidence showing the past
or present existence of such relationship between the
offender and the victim when the physical harm was
committed.” (Dabalos vs. RTC, G.R. 193960, January 7,
2013)
What is important is there is physical violence, and the
victim and offender falls under the list of RA 9262.
Protection Orders
BPO – issued by the Punong Barangay
TPO and PPO – enforceable anywhere in the Philippines
A Punong Barangay, Barangay Kagawad or the court
hearing an application for a protection order shall not
order, direct, force or in any way unduly infuence the
applicant to compromise or abandon and the reliefs
sought in the application for protection under this Act.
Sec. 7 of the Family Courts Act of 1997 RA 7160 on
Lupong Tagapamayapa shall not apply in proceedings
where relief is sought under this Act.
There can be penalty for the barangay official if he tries
to settle the case. If the woman needs to get things in
the house, the barangay must assist and accompany her.
If the barangay officer cannot assist, he must call the
police or a social worker to help assist.
If the victim has no legal right to the house, like when the
spouses are living in the house of the parents, who will
stay or who will go? It is the offender who will go,
regardless of the ownership of the house. This only
applies to the BPO, and TPO. However, for PPO, the court
has to consider the ownership of the house. So, if the
woman is the wife, the husband will have to pay for the
accommodation. If the woman is only the girlfriend,
boyfriend is not required to pay for accommodation as
he is not liable for support.
SECTION 43. Entitlement to Leave. — Victims under this
Act shall be entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves under the
Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the
protection order.
Any employer who shall prejudice the right of the person
under this section shall be penalized in accordance with
the provisions of the Labor Code and Civil Service Rules
and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is
a victim under this Act shall likewise be liable for
discrimination.
"Battered Woman Syndrome" refers to a scientifically
defined pattern of psychological and behavioral
symptoms found in women living in battering
relationships as a result of cumulative abuse.
It must be clinically proven by a psychiatrist.
People v. Genosa, Jan. 5, 2004
The first case wherein the justifying circumstance of
BWS was thoroughly testified to by experts and
discussed in the ruling. For BWS to be applied, there
must be atleast two cycles.
BWS has 3 phases:
a. The Tension-Building Phase – minor batterings;
verbal or slight physical abuse occurs. The
victim either pacifies the batterer or stays out of
his way;
b. Acute Battering Phase – characterized by
brutality destructiveness or death. The victim
realizes that she cannot reason with him and
resistance would only exacerbate her condition;
c. Tranquil Period – batterer may show a tender
and nurturing behavior.
If the woman retaliates, and inficts injury or kills the
man, she may enjoy the justifying circumstance of BWS
if she is able to prove that the above phases has
occurred and at least two cycles of the 3 phases above
happened.
Another ordinary mitigating, passion and obfuscation
arising from the beating she suffered despite her being 8
months pregrant, was considered in her favor.
Note: Genosa was decided before the passage of RA
9262. Under Art. 26 of the law, unlawful aggression is
NOT required anymore. So even if the man is sleeping,
and BWS is proven, the woman’s action will be justified.
SECTION 26. Battered Woman Syndrome as a Defense.
— Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur
any criminal and civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal
Code.
In the determination of the state of mind of the woman
who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts shall
be assisted by expert psychiatrists/psychologists.
SECTION 28. Custody of children. — The woman victim
of violence shall be CD Technologies Asia, Inc. 2018
entitled to the custody and support of her child/children.
Children below seven (7) years old or older but with
mental or physical disabilities shall automatically be
given to the mother, with right to support, unless the
court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman
syndrome shall not be disqualified from having custody
of her children. In no case shall custody of minor
children be given to the perpetrator of a woman who is
suffering from Battered Woman Syndrome.
RA 7610 – Special Protection Against Child Abuse

"Children" – 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 a
physical or mental disability or condition;
"Child abuse" – maltreatment, whether habitual or not, of
the child which includes any of the following:
1. Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
2. Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
3. Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
4. Failure to immediately give medical treatment to
an injured child resulting in serious impairment
of his growth and development or in his
permanent incapacity or death.
George Bongalon v. People, G.R. 169533, March 20, 2013
“Not every instance of the laying of hands on a child
constitutes the crime of child abuse
Only when the laying of hands is shown beyond
reasonable doubt to be intended by the accused to
debase, degrade or demean the intrinsic worth and
dignity of the child as a human being should it be
punished as child abuse. Otherwise, it is punished under
the RPC.”
There must be a conscious intention to debase, degrade
or demean through the laying of hands.
SECTION 5. Child Prostitution and Other Sexual Abuse.
— Children, whether male or female, who for money,
pro�t, or any other consideration or due to the coercion
or infuence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to
be children exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its medium period
to reclusion perpetua shall be imposed upon the
following:
a. Those who engage in or promote, facilitate or
induce child prostitution which include, but are not
limited to, the following:
1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
3. Taking advantage of infuence or
relationship to procure a child as
prostitute;
4. Threatening or using violence towards a
child to engage him as a prostitute; or
5. Giving monetary consideration, goods or
other pecuniary benefit to a child with
intent to engage such child in prostitution.
b. Those who commit the act of sexual
intercourse or lascivious conduct with a child
exploited in prostitution or subjected to
other sexual abuse; Provided, That when
the victims is under twelve (12) years of age,
the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall
be reclusion temporal in its medium period;
and (c) Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution
takes place, or of the sauna, disco, bar,
resort, place of entertainment or
establishment serving as a cover or which
engages in prostitution in addition to the
activity for which the license has been issued
to said establishment.
PP. v. Larin, G.R. 128777
It must be noted that the law covers not only a situation
in which a child is abused for profit; but also one in
which a child, through coercion or intimidation, engages
in any lascivious conduct. Hence, the foregoing provision
penalizes not only child prostitution, the essence of
which is profit, but also other forms of sexual abuse of
children.
People vs. Baraga
Under 12 – prosecute as Statutory Rape under RPC;
penalty is RP
- Prosecute as Acts of Lasciviousness under RPC,
but penalty provided under Sec. 5 (b), RA 7610
which is RT med
Over 12 – either Rape under RPC (if any of 4
circumstances occur)
Under 18 – or RA 7610 if victim is “subjected to other
sexual abuse” or under the persuasion, inducement,
enticement, coercion or infuence (PIECI) where penalty
is RT Med to RP
Over 18 – Rape under RPC
- Acts of Lasciviousness under RPC (prision
correccional)
Child Prostitution
 Under RA 7610, child prostitutes maybe of any
gender.
 Attempted child prostitution is committed when a
person not related to a minor is found alone with the
latter at room in a house, motel, inn or in a vehicle,
vessel or other enclosed or secluded places such that
there is reason to believe that the child is to be
exploited sexually.
SECTION 8. Attempt to Commit Child Trafficking. —
There is an attempt to commit child trafficking under
Section 7 of this Act:
a. When a child travels alone to a foreign country
without valid reason therefor and without clearance
issued by the Department of Social Welfare and
Development or written permit or justification from
the child's parents or legal guardian;
b. When a pregnant mother executes an affidavit of
consent for adoption for a consideration;
c. When a person, agency, establishment or child-
caring institution recruits women or couples to bear
children for the purpose of child trafficking;
d. When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or any
other person simulates birth for the purpose of child
trafficking; or cd
e. When a person engages in the act of finding
children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other
childcaring institutions who can be offered for the
purpose of child trafficking.
Patulot v. People, G.R. No. 235071, January 7, 2019
 Art. 10 (a) punishes not only those enumerated
under Article 59 of PD 603, but also 4 distinct acts,
i.e., (a) child abuse, (b) child cruelty, (c) child
exploitation and (d) being responsible for
conditions prejudicial to the child’s development.
Note: The acts do not have to concur.
 The IRR distinctly and separately defined child
abuse, cruelty and exploitation just to show that
these 3 acts are different from one another and
from the act prejudicial to the child’s development.
An accused can be prosecuted and be convicted
under Section 10(a) if he commits any of the four
acts therein.
SECTION 27. Who May File a Complaint. —
Complaints on cases of unlawful acts committed
against children as enumerated herein may be
filed by the following:
a. Offended party;
b. Parents or guardians;
c. Ascendant or collateral relative within the
third degree of consanguinity;
d. Officer, social worker or representative of a
licensed child-caring institution;
e. Officer or social worker of the Department of
Social Welfare and Development;
f. Barangay chairman; or
g. At least three (3) concerned, responsible
citizens where the violation occurred.
Teachers can file the case in behalf of the child. This
usually happens in cases where the abuse is done by the
boyfriend of the mother and the mother would usually
side with the boyfriend.
Question: Juanita, a 16 year old, got pregrnant by
Juanito, her boardmate. Unknown to Juanita’s parents
who live in Mindanao, Juanito had become her lover for
over 5 months already. According to Juanita, she
accepted Juanito’s love because he told her that he
would commit suicide if she rejects him. Juanita had
stopped going to school from the time the relationship
started because Juanito prevented him from doing so.
Juanito demanded that she gives al the money spent by
her parents to him, thereby restricting her from going
out. What crimes under RA 7610 are committed by
Juanito?
Answer: Sexual exploitation, Sexual abuse, Psychological
abuse
RA 9775 – Child Pornography Law
"Child" refers to a person below eighteen (18) years of
age or over but is unable to fully take care of
himself/herself or protect himself/herself from abuse,
neglect, cruelty, exploitation or discrimination because
of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
1. A person regardless of age who is presented,
depicted or portrayed as a child as defined herein;
and
2. Computer-generated, digitally or manually crafted
images or graphics of a person who is represented
or who is made to appear to be a child as defined
herein.
 It is possible that there is no victim under this crime.
"Child Pornography" refers to any representation,
whether visual, audio or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any
other means, of a child engaged or involved in real or
simulated explicit sexual activities.
"Grooming" refers to the act of preparing a child or
someone who the offender believes to be a child for a
 sexual activity or sexual relationship by communicating
any form of child pornography. It includes online
enticement or enticement through any other means.
 Marketing the child porn
"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 a
sexual activity or production of any form of child
pornography.
 Negotiation stage
"Pandering" refers to the act of offering, advertising,
promoting, representing or distributing through any
means any material or purported material that is
intended to cause another to believe that the material or
purported material contains any form of child
pornography, regardless of the actual content of the
material or purported material.
In the three acts above, there is no child porn yet. But the
law already punishes these acts.
SECTION 4. Unlawful or Prohibited Acts. — It shall be
unlawful for any person:
a. To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any
form of child pornography;
b. To produce, direct, manufacture or create any form
of child pornography;
c. To publish, offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of
child pornography;
d. To possess any form of child pornography with the
intent to sell, distribute, publish or broadcast:
Provided, that possession of three (3) or more
articles of child pornography of the same form shall
be prima facie evidence of the intent to sell,
distribute, publish or broadcast;
e. To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts such
as, but not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting to
be a legitimate business;
f. For film distributors, theaters and
telecommunication companies, by themselves or in
cooperation with other entities, to distribute any
form of child pornography;
g. For a parent, legal guardian or person having
custody or control of a child to knowingly permit the
child to engage, participate or assist in any form of
child pornography;
h. To engage in the luring or grooming of a child;
i. To engage in pandering of any form of child
pornography;
j. To willfully access any form of child pornography;
k. To conspire to commit any of the prohibited acts
stated in this section. Conspiracy to commit any
form of child pornography shall be committed when
two (2) or more persons come to an agreement
concerning the commission of any of the said
prohibited acts and decide to commit it; and
l. To possess any form of child pornography.
 Mere possession of child pornography is already a
crime. In contrast with ordinary porn under the RPC
where mere possession is not punishable as it must
be coupled with the intent to sell or distribute.
SECTION 9. Duties of an Internet Service Provider (ISP).
— All internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National Bureau
of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child
pornography is being committed using its server or
facility. Nothing in this section may be construed to
require an ISP to engage in the monitoring of any user,
subscriber or customer, or the content of any
communication of any such person: Provided, that no
ISP shall be held civilly liable for damages on account of
any notice given in good faith in compliance with this
section.
SECTION 11. Duties of an Internet Content Host. — An
internet content host shall:
a. Not host any form of child pornography on its
internet address;
b. Within seven (7) days, report the presence of any
form of child pornography, as well as the particulars
of the person maintaining, hosting, distributing or in
any manner contributing to such internet address,
to the proper authorities; and
c. Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request of
proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet
address that contains any form of child pornography.
An internet content host who shall knowingly, willfully
and intentionally violate this provision shall be subject to
the penalty provided under Section 15 (j) of this Act:
Provided, That the failure of the internet content host to
remove any form of child pornography within forty-eight
(48) hours from receiving the notice that any form of
child pornography is hitting its server shall be conclusive
evidence of willful and intentional violation thereof.
Child Pornography as Transnational Crime
DOJ may execute the request of a foreign state for
assistance in the investigation or prosecution of any
form of child pornography by:
1. Conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary
charges in court;
2. Giving information needed by the foreign state; and
3. To apply for an order of forfeiture of any proceeds
or monetary instrument or property located in the
Philippines used in connection with child
pornography in the court.
If the DOJ refuses to act on the request of the foreign
state, it must inform the foreign state of any valid reason
for not executing the request or for delaying the
execution thereof.

The principles of mutuality and reciprocity shall, for this

purpose, be at all times recognized.

Double Jeopardy
 If the elements are the same, there is double
jeopardy; otherwise, none.
 Child porn is a manner of committing trafficking, but
the elements are not the same.

Cybercrime vs. Child Porn

 Libel and Child Porn cannot be filed both under the
RPC and the Cybercrime law or RA 9776 or
Cybercrime Law, as that should constitute double
jeopardy.