Document

CR: NBOO-2023-04-12-001
RSCN-2023-04-14-088
Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, West Triangle, Quezon City
www.dilg.gov.ph
URGENT MEMORANDUM
FOR : ALL DILG REGIONAL DIRECTORS AND THE BARMM-

MINISTER OF THE INTERIOR AND LOCAL GOVERNMENT
SUBJECT : REQUEST FOR COMMENTS AND INPUTS ON THE PRE-FINAL

DRAFT OF THE IMPLEMENTING RULES AND REGULATIONS
OF THE REPUBLIC ACT NO. 11930 (ANTI-OSAEC AND
ANTI-CSAEM ACT)
DATE : April 12, 2023

====================================================================
As member of the Inter-Agency Council Against Trafficking (IACAT) and Technical Working
Group (TWG), the Department is actively involved in the formulation of the Implementing
Rules and Regulations (IRR) of Republic Act (RA) No. 11930 (Anti-Online Sexual Abuse
and Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act),
amending RA 9160 (Anti-Money Laundering Act of 2001), as amended and repealing RA
9775 (Anti-Child Pornography Act of 2009).
In view of the foregoing, may we respectfully request for your comments and inputs on the
attached pre-final draft of the IRR on or before April 19, 2023, particularly on the duties and
responsibilities of DILG, local government units, and the existing local
structures/mechanisms (e.g., Barangay VAW Desk, LCAT-VAWC, and LCPC), using the
format below.
Provision Feedback Basis of Feedback
For ease of consolidation, you may also directly provide your comments and inputs through
this link: bit.ly/DILGRO_Anti-OSAEC.
For questions and/or other concerns, your staff may contact the Community Capacity
Development Division, National Barangay Operations Office, through Trunkline No.:
8876-3454 loc. 4404 or email us at: [email protected].
DENNIS D. VILLASEÑOR, MNSA, CESO IV

Director IV, National Barangay Operations Office
cc: OSCAR F. VALENZUELA

Undersecretary for Peace and Order
Encl: Pre-final draft of the RA 11930 IRR
NBOO/DDDV/CCDD/RCC/LPD/LLA/rcm
DMS No. NBOO-2023-04-12-001
“Matino, Mahusay at Maaasahan”

Trunkline No.: 8876-34-54
COPY FOR APRIL 4 TWG MEETING
THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11930,

OR AN ACT PUNISHING ONLINE SEXUAL ABUSE OR 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.
9775, OTHERWISE KNOWN AS THE "ANTI-CHILD PORNOGRAPHY ACT OF 2009"
RULE I
GENERAL PROVISIONS
Article 1
Preliminary Provisions
Section 1. Title. — These rules and regulations shall be known and cited as the
“Implementing Rules and Regulations (IRR) of Republic Act (R.A.) No. 11930, otherwise
known as the ‘Anti-OSAEC and Anti-CSAEM Act’”.
Section 2. Objective. — These rules and regulations are hereby promulgated to

prescribe the procedures and guidelines for the implementation of R.A. No. 11930, in
order to facilitate compliance therewith and achieve the objectives thereof.
Section 3. 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
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(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.
Article 2
Definition of Terms
Section 4. Definition of Terms. — As used in these Rules, unless the context otherwise
requires, the following terms shall be understood to mean:
(a) Act refers to R.A. No. 11930, or the Anti-OSAEC and Anti-CSAEM Act;
(b) 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. 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
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(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.
(c) 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;
(d) Child sexual abuse or exploitation material (CSAEM) or 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 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. CSAEM may
interchangeably be referred to as CSAM;
(e) 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;
(f) Child victim-survivor refers to a child victim of OSAEC and CSAEM;
(g) Civil Society Organization (CSO) refers to non-State actors that are engaged in non-
coerced collective action around shared interests, purpose and values and whose
aims are neither to generate profits nor to seek governing power. CSOs include
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nongovernment organizations (NGOs), professional associations, foundations,

independent research institutes, community-based organizations (CBOs), faith-
based organizations, people's organizations, social movements, and labor unions
which are organized based on ethical, cultural, scientific, religious or philanthropic
considerations;
(h) 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);
(i) 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;
(j) 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;
(k) 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;
(l) 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;
(m) 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;
(n) Information and communications technology (ICT) refers to the totality of electronic
means to access, create, collect, store, process, receive, transmit, present and
disseminate information;
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(o) Inter-Agency Council Against Trafficking (IACAT) refers to the Council created
under Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons
Act of 2003," as amended;
(p) Internet address refers to the uniform resource locator or internet protocol address
of an internet site;
(q) Internet asset includes internet site and any device that is engaged in peer-to-peer
sharing of OSAEC and CSAEM;
(r) 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 the Act, non-formal business establishments that provide internet
services shall also be considered as internet café or kiosk;
(s) 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;
(t) 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.
(u) 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;
(v) Internet site refers to a website, bulletin board service, internet chat room,
newsgroup, or any other internet or shared network protocol address;
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(w) Local government units (LGUs) refer to provinces, cities, municipalities, and
barangays;
(x) Local Social Welfare and Development Office (LSWDO) refers to the social welfare
and development office of an LGU;
(y) 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;
(z) NCC-OSAEC-CSAEM refers to the National Coordination Center against OSAEC

and CSAEM under the IACAT created under Section 30 of the Act;
(aa) Non-Government Organization (NGO) refers to a non-stock, non-profit

organizations duly registered with the Securities and Exchange Commission (SEC),
focusing on the upliftment of the basic or disadvantaged sectors of society by
providing advocacy, training, community organizing, research, access to resources,
and other similar activities;
(bb) Online Content Host (OCH) refers to a person who has control over the electronic
retrieval system, such as a website or an online application, on which the
communication is posted and accessible by the user;
(cc) 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);
(dd) 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;
(ee) 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;
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(ff) 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;
(gg) Person refers to any natural or juridical entity;
(hh) Service providers refer to entities or individuals, duly-licensed by the DSWD,

providing mandatory services as defined in these Rules, whether public or private.
(ii) Self-generated refers to content that is produced by and feature children;
(jj) 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.
(kk) 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;
(ll) 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;
(mm)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
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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.
(nn) Tourism establishments refer to facilities, services and attractions involved in

tourism, such as, but not limited to accommodation establishments, including, but
not limited to, hotels, resorts, apartelles, tourist inns, motels, pension houses, and
home stay operators;
(oo) 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;
(pp) 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.
RULE II
REPORTING, INVESTIGATION AND OTHER LAW ENFORCEMENT ACTION
Article 1
Reporting of Suspected/ Alleged OSAEC and CSAEM Offense
Section 5. Duty to Report. — Any person who has direct knowledge of any form of the
unlawful or prohibited acts defined under Section 4 of the Act shall immediately report the
incident, either orally, in writing or through other means, to barangay authorities, the local
social and welfare development office (LSWDO), the nearest police or other law
enforcement agencies, the Local Council for the Protection of Children (LCPC), or any
member of the NCC-OSAEC-CSAEM or local anti-OSAEC and anti-CSAEM committees,
or any member agency of the IACAT.
Section 6. Receipt of a report. – The person who receives the report shall act on it
according to his or her mandate or that of the agency or unit he or she represents. If the
case 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
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face-to-face reporting mechanisms that are child-sensitive, gender-responsive, disability-

inclusive, culture-sensitive, and safe to children.
Section 7. Action on the reported OSAEC and CSAEM incident by barangay

authorities and LSWDO. – The barangay VAWC desks or LSWDO to whom a report
of a suspected or alleged OSAEC and CSAEM incident is made shall 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 and 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.
Such report and any available information obtained from the reporter shall be entered
preferably in a separate logbook or blotter of the barangay.
The barangay VAWC desks or the LSWDO shall accompany the informant or refer the
case to the nearest police station.
The barangay VAWC desks and LSWDO shall implement security measures pursuant to
Section 20 of the DPA for the protection of personal data in the separate logbook and/or
blotter containing the reports.
When the alleged OSAEC and 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 barangay VAWC desks shall immediately coordinate with the nearest police
authorities.
Article 2
Law Enforcement Action on a Reported/ Referred Case of OSAEC and CSAEM
Section 8. Action of law enforcement agencies on a reported case of OSAEC and

CSAEM. – Any law enforcement agency (LEA) motu proprio or within ten (10) days upon
receipt of a report or a referral of a suspected OSAEC and CSAEM violations should
immediately initiate investigation and counter-OSAEC and -CSAEM-intelligence
gathering upon receipt of statements or affidavits from child victim-survivors of OSAEC
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and CSAEM, or their families, and other persons who have knowledge or information
about violations of the Act, including the private sector.
Provided that, those who will receive statements or affidavits of the child victim-survivors
shall be accompanied by a social worker or, in the absence of an available one, a law
enforcement agent or professional who is trained in child-friendly procedures. As much
as possible, such person must be of the same sex as the child victim-survivor. At all
stages of the investigation and proceedings, special attention shall be given to ensuring
that the child victim-survivors are not re-victimized.
The LEA shall initiate bilateral or multi-lateral agreements with other States to allow their
foreign counterparts and/or foreign internet intermediaries to share with local authorities’
possible investigation data necessary for the case build up and/or prosecution of cases.
Section 9. Taking of statements of persons in possession of information about a

suspected OSAEC and CSAEM violation. – The concerned LEA may invite any person
who is a witness in possession of knowledge or information about the reported OSAEC
and CSAEM violation. The information provided shall be evaluated by the LEA for the
purpose of determining their sufficiency to support the filing of a case or the conduct of
the necessary law enforcement operation.
Article 3
Conduct of Law Enforcement Operations & Protection of Rescued Persons
During & After an Operation
Section 10. Objectives of a law enforcement operation. A law enforcement operation

should aim to:
(a) Rescue, protect and assist the child victim-survivor;

(b) Arrest the suspects in the act of committing an offense; and
(c) Seize evidence to support eventual prosecution of the suspects.
Section 11. General guidance in the conduct of law enforcement operations. – To

obtain maximum results and achieve the objectives mentioned in the previous section,
the LEA conducting operations should:
(a) Carry-out a pro-active investigation, i.e., conduct prior intelligence work and
information gathering, to ensure that the law enforcement operation will eventually
result in the successful prosecution of the case and the protection of victims.
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(b) Obtain a search warrant or other court orders unless the interest of time, safety of
the victims and other analogous circumstances require otherwise.
(c) Obtain a cybercrime warrant or other court orders necessary for the interception,
preservation, and seizure of electronic evidence.
(d) Coordinate, when necessary, with other relevant agencies to facilitate the
successful conduct of the operation.
(e) Cordon off and secure the place where exploitation occurs or where the victims are
found to ensure the integrity of the evidence until the investigation has been
completed.
(f) Inform the arrested person of the reason/s for the arrest and other rights prescribed
under the Republic Act No. 7438 (An Act Defining Certain Rights of Persons
Arrested, Detained or Under Custodial Investigation as well as The Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties For
Violations Thereof) (or the Miranda Doctrine).
(g) In case of warrantless arrest, the arresting officer shall strictly observe the Rules on
Warrantless Arrest as prescribed under Section 5 of Rule 113 of the Rules on
Criminal Procedure.
(h) Issue subpoena against service providers or any person for the disclosure of
subscriber’s information or registration information and/or traffic data. The directors
of the National Bureau of Investigation shall be authorized to issue subpoena in
relation to the conduct of investigation involving violations under RA No. 11930.
Section 12. Coordination with DSWD, LSWDO, NGO and other relevant government
agencies prior to the conduct of law enforcement operation. – The team conducting
a law enforcement operation should coordinate with DSWD, or the LSWDO of the place
where the operation will be conducted, or an accredited NGO on children’s rights and
ensure their presence during the operation. The DSWD, LSWDO or NGO social worker
or any registered and accredited social worker shall provide protection and assistance to
child victim-survivors as soon as they are in the custody of the authorities. In cases where
there is a large number of child victim-survivors to be rescued, the attending social worker
may, prior to or after the rescue, request reinforcement from nearest DSWD Field
Office/LSWDO/NGO.
In case of unavailability of social workers from the DSWD, LSWDO or NGO, the law
enforcement team shall continue with the operation and ensure the presence of social
workers immediately upon their availability.
The team may coordinate with other relevant government agencies as the situation
requires.
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Section 13. Treatment of victims during a rescue operation. – The members of the
rescue team shall ensure the full protection and respect of the rights of victims during an
operation. Immediately after the rescue, the team shall separate the victims from the
suspected offenders. The rescued victims shall be removed from the scene and
immediately endorsed to the care and assistance of the social workers.
Section 14. Treatment of rescued victims immediately after the rescue. – The
DSWD/LSWDO/accredited NGO shall ensure that the immediate needs of the victims are
addressed after the rescue. When they have stabilized and the situation has normalized,
they 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 their statements and
their appearance before a prosecutor for inquest proceedings. They shall likewise be
informed of the assistance and the options available to them.
The law enforcement officers in coordination with the DSWD/LSWDO/accredited NGO

shall likewise provide transportation and security services to the rescued victims during
inquest proceedings, preliminary investigation, and court hearings, when the need arises.
Section 15. Taking of statement. – The sworn statement of the rescued victims shall be
taken after they have been informed about, and are able to understand, the legal
procedures and the value of them giving the statement. As much as possible, 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, and safe manner. 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 institutions having protective
care/custody of the child victim-survivor. Provided, that if this joint interview shall be
recorded via video, that it be conducted in accordance with the requirements of the Rule
on Examination of a Child Witness on Videotaped In-Depth Disclosure Interviews.
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 victim and manner by which the rescued victim 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. The interviewer and/or the person who recorded the
interview shall execute an affidavit stating as to the manner he/she conducted the
interview and how the interview was recorded.
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Section 16. 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, sworn statements
of victims and witnesses; affidavit of arrest, when a suspected offender has been
arrested, the pieces of evidence obtained from the crime scene, electronic
evidence gathered through initial response tools or forensic examination upon the
approval of the court; and copy of the video of the body-worn camera or alternative
recording device during the arrest operation pursuant to the Administrative Matters
No. 21-06-08-SC of the Supreme Court (Rules on the Use of Body-Worn Cameras
in the Execution of Warrants).
(b) For reportorial purposes, reports on the rescue operation, including the list of the
rescued victims, their gender, ages and their profile. Such report shall be submitted
to the NCC-OSAEC-CSAEM within 15 days from rescue operation. The NCC-
OSAEC-CSAEM shall prescribe the standard reporting template.
Section 17. 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, NBI and PCTC shall
endeavor to establish cooperation arrangements with foreign law enforcement agencies
for the effective detection and investigation of OSAEC and CSAEM cases, which may
include sharing of intelligence, towards the apprehension of suspected offenders, in the
Philippines and abroad.
Article 4
Financial Investigation, Asset Identification and Freezing
Section 18. Investigation on the assets and/or properties of OSAEC and CSAEM
offenders. – When a person is arrested/investigated in relation to a violation of the
Act, a parallel investigation may be conducted by the PNP, NBI, AMLC, and other
agencies authorized by law in order to determine whether or not such assets are
subject of the offense, proceeds or fruits of the offense, or were used in the commission
of the offense. Such investigation shall include, but is not limited to:
(a) Identifying and locating the property and/or asset;

(b) Determining the owner or the person who has control over the property; or
(c) Tracking other financial transactions and activities employed in connection
with, or in furtherance of, any of the prohibited acts defined in the Act.
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The concerned law enforcement or government agency may coordinate with the
appropriate law enforcement or government agencies to obtain vital information or
evidence.
For this purpose, law enforcement agencies, if appropriate, shall access bank information
and other financial information in accordance with rules and regulations to be
promulgated by the DILG and the AMLC implementing Section 9(c) of the Anti-OSAEC
and Anti-CSAEM Act.
Section 19. Requesting freeze orders through the Anti-Money Laundering Council
(AMLC). – LEA or the other agencies authorized by law may transmit such relevant
information and/or evidence to the Anti-Money Laundering Council (AMLC), which shall
include, among others:
(a) Name and address, if known, of the account holder, or the owner, holder or
possessor of the property;
(b) Description of the monetary instrument, property or proceeds and its location,
if known; or
(c) Evidence showing that the subject monetary instrument, property, or
proceeds are in any way related to or involved in any of the prohibited
activities defined in the Act.
The AMLC shall file the petition for the issuance of a freeze order, in accordance with
Section 10 of Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act
of 2001, as amended, Rule 10 of its 2018 Implementing Rules and Regulations, and the
Rules on Civil Forfeiture.
Article 5
Blacklisting of Aliens
SECTION 20. Creation of a Registry of Blacklisted Aliens. — The NCC-OSAEC-

CSAEM shall create and maintain an updated registry of blacklisted aliens based on the
information from the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI)
and the DOJ.
SECTION 21. Who May be Included in the Blacklist. — The following shall be included
in the blacklist:
(a) All convicted offenders of OSAEC, CSAEM, or similar or equivalent crimes in other
jurisdictions; or
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(b) Those aliens reported to or being monitored by Philippine law enforcement

authorities for conducting OSAEC and CSAEM activities.
In coordination with the DFA, the BI, the PCTC and the DOJ shall ensure that the
abovementioned persons shall not be allowed entry in the Philippines.
SECTION 22. Who May Request for Blacklisting. — The following may request for
blacklisting:
(a) Any member of the NCC-OSAEC-CSAEM, in cases involving those who are facing
administrative, civil and/or criminal action, by attaching in the request a copy of the
complaint duly docketed by the court or body having jurisdiction over the case; and
(b) The Secretary of DOJ or the Secretary of DSWD or their authorized representatives,
for persons or entities who are being monitored by Philippine law enforcement
authorities for conducting OSAEC and CSAEM activities, accompanied by a detailed
report on the monitoring operations and the verified affidavit of the victim attesting
to the OSAEC and CSAEM act/s and naming and describing the involvement of
such persons or entities.
SECTION 23. Posting and Updating of the Blacklist. — The blacklist shall be updated
bi-monthly. The NCC-OSAEC-CSAEM shall share the blacklist to the DFA, BI, PCTC and
DOJ and other concerned government agencies, for purposes of the prevention of
OSAEC and CSAEM activities in the Philippines, data verification, matching, and
updating.
Article 6
Age Verification Protocols
Section 24. Duty of Providers of Adult Content. — All online providers of adult content
shall be required to adopt an anonymous age verification process (AVP) before granting
access to adult content.
Section 25. Role of the Department of Information and Communications

Technology (DICT) and National Telecommunications Commission (NTC). – The
DICT and NTC shall undertake the following:
(a) 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
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materials within the purview of Section 3(c)(iv) of Presidential Decree No. 1986 not
later than one (1) year after the passage of the Act; and
(b) Promulgate rules and regulations governing the adoption of an anonymous AVP not
later than 18 months after the passage of the Act.
Section 26. Data Privacy. — Nothing in this Article shall be construed as an exemption
to the provisions of the "Data Privacy Act of 2012".
Article 7
Application for Cyber Warrants
Section 27. Application for cyber warrants. – The application for cyber warrants shall
be governed by the Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC) and such other
issuances issued by the Supreme Court.
Section 28. Preservation of Computer Data; Period to preserve. – A LEA may request
service providers to keep, preserve, and maintain the integrity of the computer data
subject of the investigation.
Subscriber and registration information shall be retained by the service provider for a
minimum of six (6) months from the date of the account was deleted or cancelled. Traffic
data’s integrity shall be retained by the service provider for a minimum of six (6) months
from the date it was generated. Content data shall be preserved by the service provider
for one (1) year from the date of receipt of the order from the LEAs requiring its
preservation.
LEAs may order a one-time extension for another six (6) months. If the computer data
preserved by the service provider is used as evidence in a case, the receipt of the service
provider of a copy of the transmittal document to the Office of the Prosecutor shall be
deemed a notification to further preserve the computer data until the final termination of
the case and/or as ordered by the court as the case may be.
Section 29. 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 OSAEC and CSAEM cases, law
enforcement authorities shall be authorized to retain a copy of the result of digital forensic
examinations without need of any court intervention. The retained data shall include all
computer data, including content and traffic data, for the purpose of identifying additional
victims and suspects, and carrying out a further investigation, or case build-up.
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In depositing the digital forensic examination to the court in accordance with Section 16
of Republic Act No. 10175, law enforcement shall certify that a duplicate copy has been
made and retained pursuant to Section 17 of RA No. 11930.
Moreover, after examination and analysis of the content data by law enforcement and
upon determination that there is nexus abroad, law enforcement may provide the result
of the digital forensic examination to foreign law enforcement agencies, in its own
initiative, or upon request by the said foreign law enforcement agencies in accordance
with cooperation arrangements as provided in Section 16 of RA No. 11930.
Article 8
Intercepted Communications
Section 30. Application for the interception of communications; Requirements. –

Any LEO may apply for an order before the Regional Trial Court (RTC) to track, intercept,
view, monitor, surveil, listen to, and record any communications, information or messages
with the use of any mode, form, kind or type of intercepting devices mentioned in R.A.
No. 4200 (An Act to Prohibit and Penalize Wire Tapping and Other Related Violations of
the Privacy of Communication, and for Other Purposes).
The ex parte application, made under oath or affirmation, shall include the following
information:
(a) The identity, such as name and address, if known of the charged or suspected
person whose communications are to be intercepted. If the person suspected
of the crime is not fully known, such person shall be subject to continuous
surveillance provided there is a reasonable ground to do so;
(b) Identities of the intercepting LEOs, or identities of individuals or juridical
persons who will assist the LEA in carrying out the interception;
(c) The offense or offenses committed or being committed, or sought to be
prevented;
(d) That there are reasonable grounds to believe that any of the crimes
enumerated under the Act has been committed, or is being committed, or is
about to be committed;
(e) 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
(f) That there are no other means readily available for obtaining such evidence.
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Section 31. Effective period of order to intercept communications. – The order

authorizing the interception of communications shall only be effective for the length of
time as determined by the court, which shall not exceed ten (10) days from its issuance.
The LEO may request for the extension of the effectivity of the order for a period not
exceeding ten (10) days from the expiration of the original period based on justifiable
reasons.
Section 32. Exception from court order to intercept communications when offense
involves use of computer systems and digital platforms. – When the offense involves
the use of computer systems and digital platforms, a court order shall not be required in
order for a LEO, acting in an undercover capacity, to intercept communication with a
person reasonably believed to have committed, is committing, or about to commit any of
the violations under the Act.
Section 33. Non-liability under RA No. 4200. – In investigating violations of the Act
involving the use of the internet and other digital platforms, LEOs 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 the
Act, shall not be considered as wiretapping or illegal interception. LEOs shall not be liable
under the provisions of Republic Act No. 4200, or The Anti-Wiretapping Law.
Article 9
OSAEC and CSAEM Offenders Registry
Section 34. Creation of the OSAEC and CSAEM Offenders Registry. — An OSAEC
and CSAEM Offenders Registry (“Registry”) for both Filipino nationals and foreigners
shall be created. The NCC-OSAEC-CSAEM shall create and maintain the OSAEC and
CSAEM Offenders Registry.
Section 35. Exception from the Registry. – Children in conflict with the lawshall not be
recorded in the registry.
Section 36. Required Information from OSAEC and CSAEM Offenders. — The
following information of adult individuals convicted of OSAEC, CSAEM and other sexual
offenses against children shall be part of the Registry:
(a) Name, date of birth, and PhilSys number, if available.
(1) The name of the offender, including any alias used by the offender.
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(2) The offender's date of birth and any date that the offender uses as his
purported date of birth.
(3) The PhilSys number of the offender and any number that the offender uses as
his purported PhilSys number.
(b) Remote communication identifiers. All designations the offender uses for purposes
of routing or self-identification in internet or telephonic communications or postings,
including email addresses and telephone numbers.
(c) Place of residence, temporary lodging, employment, and school attendance.
(1) The address of each residence at which the offender resides or will reside or,
if the offender has no present or expected residence address, other information
describing where the offender resides or will reside with whatever definiteness
is possible under the circumstances.
(2) Information about any place in which the offender is staying when away from
his residence for seven or more days, including the identity of the place and
the period of time the offender is staying there.
(3) The name and address of any place where the offender is or will be an
employee or, if the offender is or will be employed but with no fixed place of
employment, other information describing where the offender works or will
work with whatever definiteness is possible under the circumstances.
(4) The name and address of any place where the offender is a student or will be
a student.
(d) International travel. Information relating to intended travel outside the Philippines,
including any anticipated itinerary, dates and places of departure from, arrival in, or
return to the Philippines and each country visited, carrier and flight numbers for air
travel, destination country or countries and address or other contact information
therein, and means and purpose of travel.
(e) Passports and immigration documents. Information about each passport the
offender has and, if the offender is an alien, information about any document or
documents establishing the offender's immigration status, including passport or
immigration document type and number.
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(f) Vehicle information. The license plate number and a description of any vehicle
owned or operated by the offender, including watercraft and aircraft in addition to
land vehicles. If a vehicle has no license plate but has some other type of registration
number or identifier, then the registration number or identifier must be provided.
Information must also be provided as to where any vehicle owned or operated by
the offender is habitually parked, docked, or otherwise kept.
(g) Professional licenses. Information concerning all licensing of the offender that
authorizes the offender to engage in an occupation or carry out a trade or business.
(h) Fingerprints.
(i) Complete criminal history; and
(j) Recent photograph.
Section 37. Updating of the Registry. — The 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, through the PCTC.
The following procedure shall govern the updating of the Registry:
(a) Initial Registration. The offender must register before release from imprisonment
following conviction for the offense giving rise to the registration requirement.
(b) Periodic In-Person Verification. The offender must appear in person, allow the
authorities to take a current photograph, and verify the information in the Registry.
In carrying out the required verification of information in the Registry, the offender
must correct any information that has changed or is otherwise inaccurate and must
report any new registration information.
The offender must appear in person for these purposes not less frequently than:
(1) Each year, if the offender is sentenced with prision mayor;

(2) Every six months, if the offender is sentenced with reclusion temporal; and
(3) Every three months, if the offender is sentenced with reclusion perpetua or life
imprisonment.
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Section 38. Sharing of Information. — 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.
RULE III
EXTRA-TERRITORIALITY AND INTERNATIONAL LEGAL COOPERATION
Article 1
Extra-territoriality Principle
Section 39. Extra-territorial jurisdiction; Requirements. – The Philippines shall

exercise jurisdiction over any act defined and penalized under the 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 commenced in the
Philippines.
The Philippines shall also exercise jurisdiction over any act defined and penalized under
the Act if committed in another country, provided that the suspect or accused:
(a) is a Filipino citizen;
(b) is a permanent resident of the Philippines; or
(c) has committed the act against a citizen of the Philippines.
Section 40. Prohibition. – No prosecution may be commenced against a person under

this Article 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.
Article 2
Extradition of an Accused or Convicted Person for OSAEC and CSAEM
Section 41. Extradition. – The extradition of an accused or a convicted person for an

offense punishable under the Act shall be pursued in accordance with the provisions of
Presidential Decree (P.D.) No. 1069 and the applicable extradition treaty. Such person
may only be extradited from a country which the Philippines has an extradition treaty, or
a state party to a multilateral treaty in which the Philippines is also a state party, or as
may hereafter be allowed by law.
Section 42. Who may request extradition and where the request should be made. –
A law enforcement agency, prosecution office or any interested party seeking to extradite
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a person accused or convicted for violation of the Act, including those covered by the
application of the extra-territoriality principle, may request the extradition of such person
through the Legal Staff of the DOJ.
Section 43. Request; form and content. – The request for extradition to the DOJ shall
be in writing signed by the head of the requesting agency or by the interested party,
supported by relevant documentary evidence, and as much as possible state therein the
following information:
(a) The fullest particulars as to the identity, nationality and location, if known, of the
accused or convicted person;
(b) Statement of facts of the offense for which extradition is requested;
(c) Description of the acts or omissions constituting the alleged offense, including an
indication of the time and place of the commission of these acts;
(d) Text of the relevant provisions of the law describing the essential elements of the
offense, prescribed penalty and any time limit on the prosecution or execution of
punishment of the offense; and
(e) Such other documents or information that the DOJ may require pursuant to the
extradition law and applicable treaties.
Article 3
Requests for Mutual Legal Assistance
Section 44. Legal Assistance from a Foreign State. – The DOJ shall be the central
authority for all requests for mutual legal assistance.
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, including those covered
by the application of the extra-territoriality principle, and execute or arrange for the
execution of such request for assistance.
A request for legal assistance may be made with a foreign State on the basis of law, treaty
and/or reciprocity. 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 45. Types of Assistance. – Legal assistance as contemplated by the Act may
include:
(a) Taking of evidence or obtaining voluntary statements from persons;

(b) Making arrangements for persons to give evidence or to assist in criminal matters;
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(c) Effecting service of judicial documents;

(d) Executing searches and seizures;
(e) Examining objects and sites;
(f) Providing or obtaining original or certified true copies of relevant documents, records
and items of evidence;
(g) Identifying or tracing property derived from the commission of an offense under the
Act and instrumentalities of such offense;
(h) Restraining of dealings in property or the freezing of property derived from the
commission of an offense that may be recovered, forfeited or confiscated;
(i) Recovery, forfeiture or confiscation of property derived from the commission of an
offense under the Act;
(j) Locating and identifying witnesses and suspects;
(k) Effecting the temporary transfer of persons deprived of liberty to appear as
witnesses; and
(l) Such other type of assistance consistent with the objective of the Act and the laws
of the requested State.
Section 46. Request; where to be made. – Any law enforcement agency or prosecution
office desiring to seek the assistance of a foreign state regarding the investigation or
prosecution of an offense under the Act may submit the request to the DOJ, through the
Legal Staff, which shall in turn make the formal request pursuant to the law or applicable
treaty, or on the basis of reciprocity. The request shall specifically detail the assistance to
be requested.
Section 47. Execution of Requests for Assistance; Limitations. – A request for

assistance shall be executed in accordance with Philippine laws. Where the request for
assistance is made pursuant to a treaty, the provisions of the treaty shall be considered
in the execution of the request. The DOJ may refuse to carry out a request for assistance
if its execution would be inconsistent with Philippine laws or would likely prejudice the
national interest of the Philippines.
Article 4
Deportation, Forced Removal or Return
Section 48. Request for deportation, forced removal or return. – The Philippines may
request for the deportation, forced removal or return to the country of any Filipino citizen
or a permanent resident of the Philippines who is convicted, charged or facing prosecution
for an offense under the Act when the subject is in hiding, residing or in a temporary
sojourn in the territory of another country.
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RULE IV
PROSECUTION
Article 1
Filing of Cases
Section 49. Who May File a Complaint. – Complaints on any offense punishable under
the 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 institutions;
(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 the Act.
Section 50. Where to file complaint. – A complaint for violation of the Act shall be filed
where the offense was committed, or where any of its elements occurred, or where the
victim 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.
Section 51. Filing of complaint by LEO. – A law enforcement officer who has personal
knowledge of the commission of the offense, (i.e., member of the team that conducted
the anti-OSAEC and anti-CSAEM operations) may initiate a criminal complaint for
violation of the Act by executing his/her own affidavit or sworn statement.
Section 52. Commencement of the inquest proceedings. – Where a person is lawfully

arrested without a warrant, the complainant or arresting officer shall file a complaint with
the DOJ or any local prosecution office.
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The inquest proceedings shall be considered commenced upon receipt by the inquest
prosecutor of the following documents:
(a) The affidavit of arrest duly subscribed and sworn to before him by the arresting
officer;
(b) The investigation report;
(c) The sworn statements of the complainant/s and witness/es; Other supporting pieces
of evidence gathered by the law enforcement agents in the course of their
investigation of the criminal incident involving the arrested or detained person;
(d) Copy of the video from the body-worn cam showing the arrest of the respondent. In
the absence thereof, any video would show how the respondent was arrested;
(e) Transcript of the audio or video forensic interview, if available; and
(f) Affidavit of the interviewer.
Section 53. Commencement of preliminary investigation. – A preliminary

investigation proceeding is commenced:
(a) By the filing of a complaint directly with the DOJ or any local prosecution office;
(b) By referral from or upon request of the law enforcement agency 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 the provisions of Article 125 of the
Revised Penal Code;
(d) By an order or upon the directive of the court or other competent authority; or
(e) Upon the initiative of the NCC-OSAEC-CSAEM.
Section 54. Preferential attention to cases of OSAEC and CSAEM. – All cases of
OSAEC and CSAEM shall be given preferential attention, and should, therefore, be
investigated and resolved within the periods indicated in the Revised Rules on Criminal
Procedures.
Section 55. Prescriptive Period. – Violations penalized under the Act shall prescribe in
accordance with Section 1 of Act 3326, as amended by Act 3763.
Section 56. Institution of Criminal and Civil Actions. – Pursuant to the Revised Rules
on Criminal Procedure, when a criminal action is instituted, the civil action arising from
the offense charged shall be deemed instituted with the criminal action unless the
offended party waives the civil action, reserves the right to institute it separately or
institutes the civil action prior to the criminal action.
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Section 57. Exemption from Filing Fees. – The NCC-OSAEC-CSAEM will advocate
for the exemption from the payment of filing fees, when the victim of OSAEC institutes
a separate civil action for the recovery of civil damages.
Section 58. Jurisdiction. – Jurisdiction over cases for the violation of the 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”.
In provinces or cities where there are no Family Courts, jurisdiction over cases for the
violation of the Act shall be vested with the Regional Trial Court.
Section 59. Presentation of Child’s Statement as Evidence. – “The Rule on

Examination of a Child Witness” (A.M. No. 004-07-SC) shall be observed whenever a
child testifies in court.
To the extent allowable under such Rule, prosecutors handling OSAEC and CSAEM
cases shall make use of alternative means of presenting a child's statement as
evidence, which means do not require the presence of the child, such as, but not limited
to, a videotaped in-depth disclosure interview.
Section 60. Venue. – A criminal action arising from a violation of the 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 other courts.
Section 61. Speedy Disposition of OSAEC Cases. — Where practicable and unless
special circumstance require otherwise, the procedures under SC Circular No. 38-98
implementing Republic Act No. 8493 ,or the “Speedy Trial Act of 1998” and the Revised
Guidelines for Continuous Trial (A.M. No. 15-06-10-SC) may apply in cases involving the
trial of cases for offenses under the Act.
Article 2
Prosecution of OSAEC and CSAEM Cases
Section 62. Appointment of Special Prosecutors. – The DOJ shall appoint or

designate special prosecutors to prosecute cases for the violation of the Act.
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Section 63. Deputation of private prosecutors. – Subject to the approval of the court,
a private prosecutor may be authorized in writing by the Prosecutor General, or the head
of the local prosecution office where the public prosecutor is assigned or appearing in the
family court to prosecute the case. Once so authorized, the private prosecutor shall
continue to prosecute the case up to the end of the trial unless the authority is revoked or
otherwise withdrawn.
In the absence of a written authority to prosecute, the private prosecutor shall prosecute
the case under the direct control and supervision of the public prosecutor assigned or
appearing in the court where the case has been raffled.
Article 3
Prohibitions during Investigation and Prosecution
Section 64. Non-Dismissal of Cases on the Basis of an 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 oppose and manifest objections to motions for dismissal.
Article 4
Civil Forfeiture Proceedings
Section 65. Provisional remedies under the Rules on Civil Forfeiture. – Subject to
the Rules on Civil Forfeiture, Rule 10 and Rule 12 of the 2018 Implementing Rules and
Regulations of Republic Act No. 9160, otherwise known as the Anti-Money Laundering
Act of 2001, as amended, when probable cause exists that a monetary instrument or
property is related to an activity involving any of the prohibited acts defined in the Act, the
Council or the handling public or private prosecutor, social worker, or representative of
child-care institution, may request the assistance of the Anti-Money Laundering Council
(AMLC) in filing –
(a) An application/petition for issuance of freeze order;

(b) An action for civil forfeiture; and/or
(c) A petition for the issuance of provisional asset preservation order.
Section 66. Effect of provisional asset preservation order. – In accordance with the
Rules on Civil Forfeiture, the provisional asset preservation order shall forbid any
transaction, withdrawal, deposit, transfer, removal, conversion, concealment or other
disposition of the subject monetary instrument, property, or proceeds.
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Article 5
Asset Forfeiture based on Conviction in a Criminal Action
Section 67. Confiscation and Forfeiture of the Proceeds, Tools and Instruments
Used in OSAEC and CSAEM. —
(a) The Rule on Asset Preservation, Seizure, and Forfeiture in Criminal Cases under
Republic Act No. 9160, as amended (A.M. No. 21-03-13-SC) shall govern the
procedure in the criminal forfeiture of monetary instruments or properties related to
violations of Sections 4 and 5 of the Anti-OSAEC and Anti-CSAEM Act.
(b) If the offender is a public officer or employee, the forfeiture of his/her property found
to be unlawfully acquired shall be governed by RA No. 1379 otherwise known as
“An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been
Unlawfully Acquired by Any Public Officer or Employee and Providing for the
Proceedings Therefor.”
Article 6
Confidentiality of all Proceedings
Section 68. Confidentiality. – The right to privacy of the child shall be ensured at any
stage of the investigation, prosecution and trial of an offense under the 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 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;
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(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 the 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.
(f) Any person or agency involved in the reporting of cases under the Act shall ensure
that the Guide for Media Practitioners on the Reporting and Coverage of Cases
Involving Children published by the DOJ is observed.
Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners shall be trained on the importance of maintaining confidentiality as
a means to protect the right to privacy of victims and to encourage victims to file
complaints.
Any violation of this Section shall be penalized in accordance with the appropriate
provisions under applicable laws.
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RULE V
PROTECTION AND ASSISTANCE
Article 1
Overall Policy
Section 69. Overall policy on victim prevention, protection and assistance. –

Measures shall be established to ensure that children are protected from exploitation and
harm, and shall have access to adequate physical and psychosocial care. Responsible
agencies, including the LGUs, shall ensure that protection and assistance services to
children are provided in a child-sensitive, gender-responsive, disability-inclusive, culture-
sensitive and safe manner.
Section 70. Protective Custody of the Child. — The child victim-survivor or any other
child within the vicinity of the place where the crime was committed who may be at risk of
abuse or exploitation, shall be immediately placed under the protective custody of the
LSWDO.
However, 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 in the following cases:
(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.
In all instances, the needs of the child shall be provided for by the concerned LGU. The
custody proceedings shall be in accordance with the provisions of Presidential Decree
No. 603, otherwise known as "The Child and Youth Welfare Code." In cases assigned to
social workers of the LSWDO or involving habeas corpus, the case shall be heard in the
Family Court where the criminal case is also pending.
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
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this function, the LSWDO or the DSWD shall be free from any administrative, civil or
criminal liability.
Article 2
Legal Protection for Victims
Section 71. No liability for Wiretapping and/or illegal interception. – Victims of

violations of the Act shall not be liable under the provisions of Republic Act No. 4200 or
the “The Anti-Wire Tapping Law” and Republic Act No. 10175 or 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 the Act committed against them.
Section 72. Non-disclosure of personal circumstances. – The name and personal

circumstances of a victim or any other information tending to establish the identity of the
victim and his or her family shall not be disclosed to the public that may result in the further
suffering of the victims and their family.
Section 73. Prohibition against victim-blaming. – Persons, agencies or organizations

involved in the reporting, investigation, or trial of cases of gender- based violence shall
refrain from any act or statement that may be construed as blaming the victim or placing
responsibility for the offense committed against the victim.
Section 74. Non-disclosure and privileged nature of the proceedings.— All records
and proceedings under the Act, from the initial contact until the final disposition of the
case, shall be considered privileged and confidential.
LEOs, prosecutors and judges to whom the complaint has been referred may, whenever
necessary, to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial.
The Rule on Examination of a Child Witness (A.M. No. 004-07-SC) shall be observed
whenever a child testifies in court.
Article 3
Witness Protection
Section 75. Preferential Entitlement under the Witness Protection Security and
Benefits Program (WPSBP). – Child victim-survivors and their family members shall be
entitled to protection as well as preferential entitlement to the rights and benefits of
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witnesses under Republic Act No. 6981 (Witness Protection, Security and Benefit Act),
provided, that the child victim-survivor or family member possess all the qualifications
and none of the disqualifications under the said law.
Section 76. Application for coverage. The LEO, service provider handling the case of
the victim, a witness, or a family member of the trafficked person or witness, may file an
application for coverage at the WPSBP Secretariat at the DOJ Office in Manila or the
nearest local prosecution office through the handling prosecutor.
Such application shall be filed at the office of the WPSBP Secretariat or through the
handling prosecutor. The handling prosecutor shall endorse the application to the WPSBP
Secretariat, stating therein the urgency or necessity of such coverage.
Article 4
Compensation for Victims of OSAEC and CSAEM
Section 77. Compensation for Victims of OSAEC and CSAEM under R.A. No. 7309.
– The child victim-survivor shall also be considered as a victim of a violent crime as
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 Victim of Violent Crimes and for Other Purposes”, so that the victim may
claim compensation therein.
Article 5
Free Legal Assistance and Counsel
Section 78. Free legal services. – Victims of OSAEC and CSAEM shall be provided with
free legal services which shall include information about the victims’ rights and the
procedure for filing complaints, claiming compensation and such other legal remedies
available to them, in a language understood by the victim.
Article 6
Mandatory Services
Section 79. 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 child victim-
survivors of any form of child sexual abuse or exploitation and their families, when
applicable:
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(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, which shall include referrals to the appropriate
agencies and institutions for such services;
(e) Livelihood and skills training; and
(f) Educational assistance, which shall include opportunities in the educational
mainstream through the basic education and non-formal education curricula.
Sustained supervision and follow-through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the child victim-survivors 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 80. Information on available programs and services. – All service providers
shall immediately provide information to victims about their rights, the nature of protection
and available assistance and support. Interviews, examination and other forms of
investigation shall be conducted by specially trained professionals in a suitable
environment. All such provision and extraction of information from the children shall be in
a manner and language that is understandable to them. In all stages of the proceedings,
all officials involved shall ensure that the best interests of the victim are upheld and
protected.
Article 7
Recovery, Rehabilitation and Reintegration Programs
Section 81. Programs for Victims of Child Abuse or Exploitation. – The NCC-
OSAEC-CSAEM created under Section 30 of the Act shall develop, in consultation with
children and child victim-survivors, 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,
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operational expenses support, 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 purposes;
(c) provision of necessary technical and material support services to appropriate
government agencies, including LGUs, NGOs, and CSOs.
(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 e-learning modules, information and education campaigns on OSAEC
and VAWC including the safe and responsible use of the internet in relation to the
violations of the Act to educate the public, including children;
(f) institutionalization of the observance of the “Safer Internet Day for Children
Philippines” pursuant to Presidential Decree No. 417, Series of 2018 in the national
agencies and LGUs; and
(g) 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 82. Reasonable Accommodation for Children with Disabilities. – The DOJ
and the DSWD, in collaboration with the NCDA, shall develop guidelines, within ninety
(90) days from the finalization of the implementing rules and regulations of the 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 83. Case management procedures. – All service providers shall be guided by
a child-sensitive, gender-responsive, disability-inclusive, culture-sensitive, and safe case
management manual for victims of OSAEC and CSAEM developed by DSWD.
The following minimum procedures shall be observed by all service providers in

implementing a comprehensive program for the recovery, rehabilitation and reintegration
of victims of OSAEC and CSAEM:
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(a) The victim may go or be brought to the nearest DSWD/LGU Social Welfare and
Development Office or accredited NGO for assistance;
(b) The DSWD/LGU/NGO social worker shall conduct an assessment of the
psychosocial condition of the victim. Thereafter, an intake interview and initial
assessment shall be conducted utilizing a gender-sensitive interview to determine
the appropriate intervention. On the basis of such assessment, a responsive action
through planning and intervention plan shall be prepared;
(c) The DSWD/LGU/NGO social worker shall take protective custody of the victim
pursuant to Rule VI, Article I of this IRR.
(d) Provide comprehensive services or interventions based on the rehabilitation plan in
coordination with appropriate agencies, including temporary shelter; medical
assistance; counseling; psychological services; legal, educational assistance;
transportation assistance; livelihood and skills training; after-care services as well
as other appropriate services to the family of the victim; and
(e) Monitor implementation and periodically evaluate or update the rehabilitation plan
until the victim has been reintegrated with their family and community.
Section 84. Case documentation and referrals. – All DSWD social workers as well as
LGU and NGO case managers or social workers shall use the National Recovery and
Reintegration Database (NRRD) for documenting and tracking delivery of services to
trafficked persons as well as the National Referral System in facilitating and documenting
referrals.
Section 85. Continuing capability building of service providers. -- (a) The frontline
agencies and the service providers, including law enforcement agencies, social workers,
medical practitioners, must undergo training and other capability building activities to
enhance their knowledge and skills in a child-sensitive, gender-responsive, disability-
inclusive, culture-sensitive, and safe handling of cases of OSAEC and CSAEM to prevent
further traumatic stress and facilitate more effective crisis interventions, recovery and
reintegration services.
(b) The DSWD shall likewise implement training programs for the utilization of the
NRRD and NRS by case managers and social workers, in coordination with LGUs and
NGOs.
Section 86. Documentation of good practices. – The NCC-OSAEC-CSAEM shall

conduct data banking, research and documentation of good practices in rehabilitation and
reintegration programs. It shall identify efficient and effective measures and services for
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OSAEC and CSAEM victims and their families. For this purpose, the NCC-OSAEC-
CSAEM shall convene a periodic program review and sharing sessions.
Section 87. Accreditation of residential facilities and recovery and reintegration

program standards. – The DSWD shall develop and/or continually evaluate
accreditation and recovery and reintegration program standards for residential facilities
catering to victims of OSAEC and CSAEM. It shall provide technical assistance to LGUs
and NGOs with such facilities and programs to ensure compliance with standards.
Section 88. Harmonization of reintegration programs. The NCC-OSAEC-CSAEM

shall harmonize the respective reintegration programs of IACAT member agencies for
OSAEC and CSAEM victims.
RULE VI
IMPLEMENTATION MECHANISMS
Article 1
The National Coordination Center against OSAEC and CSAEM
Section 89. Creation of the 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)
created 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 RA No. 9208, as
amended, with the additional mandate of addressing cases falling under the Act.
As a sub-program of the IACAT, and for efficient coordination, the NCC-OSAEC-CSAEM

shall be composed of representatives from the following IACAT members:
a) Department of Justice;
b) Department of Social Welfare and Development;
c) Department of Foreign Affairs;
d) Department of Labor and Employment;
e) Department of the Interior and Local Government
f) Department of Education;
g) Department of Health;
h) Department of Information Communications Technology;
i) Department of Migrant Workers;
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j) Department of Science and Technology;

k) Department of Tourism;
l) Department of Transportation;
m) Bureau of Immigration;
n) Philippine National Police (Anti-Cybercrime Group and Women and Children
Protection Center);
o) Philippine Coast Guard;
p) Philippine Commission on Women;
q) Commission on Filipinos Overseas;
r) National Commission on Indigenous Peoples;
s) National Bureau of Investigation;
t) Philippine Center for Transnational Crimes;
u) Council for the Welfare of Children;
v) National Authority for Child Care;
w) Anti-Money Laundering Council;
x) League of Provinces of the Philippines;
y) League of Municipalities of the Philippines;
z) League of Cities of the Philippines;
aa) representative from an NGO representing the women sector;
bb) representative from an NGO representing the overseas Filipinos sector; and
cc) representative from an NGO representing the children sector.
Provided, that the NGO representatives shall have a proven track record of involvement
in the prevention and suppression of OSAEC and CSAEM or protection of child victim-
survivors; Provided further, that the NGO representatives may be replaced through a
majority vote of the government agency representatives of NCC-OSAEC-CSAEM if their
advocacy and activities are no longer related to the mandate of the NCC-OSAEC-
CSAEM.
The members of the IACAT shall designate their permanent representatives to the NCC-
OSAEC-CSAEM with a rank not lower than a Director level or its equivalents to meetings,
and may receive emoluments as may be determined by the IACAT in accordance with
existing budget, accounting, and auditing rules and regulations.
Section 90. Functions of the NCC-OSAEC-CSAEM. –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
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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, social behavior change, 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;
(f) Promotion of information, awareness, education campaigns and e-learning modules

regarding safe and responsible use of the internet in relation to OSAEC and CSAEM
to educate the public, including children; and
(g) Institutionalization of the observance of the “Safer Internet Day for Children
Philippines”, pursuant to Presidential Proclamation No. 417, series of 2018.
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Section 91. Reportorial Functions. – The NCC-OSAEC-CSAEM shall submit to the

IACAT an annual report on the policies, plans, programs and activities of the NCC-
OSAEC-CSAEM relative to the implementation of the Act every 10th of January of each
year.
Members of the NCC-OSAEC-CSAEM shall submit a quarterly report to the NCC-

OSAEC-CSAEM Secretariat on their respective programs and initiatives for consolidation
by the Secretariat. The said report shall be submitted every 15th day of the month after
each quarter.
Section 92. Meetings of the NCC-OSAEC-CSAEM. — The Executive Director of the

NCC-OSAEC-CSAEM Secretariat shall convene meetings on a regular basis or quarterly
basis.
Article 2
Secretariat
Section 93. Organization.— The Secretariat to the NCC-OSAEC-CSAEM shall be

established pursuant to Section 31 of the Act to assist it in the performance of its
functions. The Secretary of Justice, as Chair of the IACAT, shall determine the
organizational structure and staffing pattern and appoint the organic personnel of the
Secretariat. Such organizational structure and staffing pattern shall be submitted to the
Department of Budget and Management (DBM) for its approval.
Section 94. Functions. – The Secretariat shall provide support for the functions and
projects of the NCC-OSAEC-CSAEM and shall have the following functions:
(a) Coordinate and monitor the implementation of the programs, policies and guidelines
promulgated by the IACAT through the NCC-OSAEC-CSAEM;
(b) Maintain and manage the database of OSAEC and CSAEM cases, and designate a
Data Protection Officer (DPO) to ensure compliance with the Data Privacy Act;
(c) Provide secretariat, records keeping and other services to NCC-OSAEC-CSAEM;
and
(d) Perform such other functions as may be directed by the IACAT, through the NCC-
OSAEC-CSAEM.
Section 95. Head of the Secretariat.— The NCC-OSAEC-CSAEM Secretariat shall be

headed by an Executive Director and shall be appointed by the Secretary of Justice, upon
the recommendation of the IACAT. The Executive Director shall be under the direct
supervision of the Secretary of Justice.
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Section 96. Qualifications of the Executive Director of the Secretariat. – 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.
Section 97. Functions of the Executive Director of the Secretariat. – The Executive
Director shall be under the supervision of the IACAT, through the Secretary of Justice,
and shall perform the following functions:
(a) Act as the administrative officer of the Secretariat;
(b) Advise and assist the IACAT Co-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 the Act;
(k) Attend regular and/or special meetings convened by the IACAT; and
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(k) Perform other duties as the IACAT Co-Chairpersons may assign.
Article 3
Referral Pathway for OSAEC and CSAEM Cases
Section 98. Development of Protocols. – There shall be an organized and unified

referral pathway for reporting, detecting, investigation, prosecuting, and providing
aftercare assistance and support in OSAEC and CSAEM cases. The NCC-OSAEC-
CSAEM shall develop a system and a set of child-sensitive, gender-responsive, disability-
inclusive, culture-sensitive, and safe protocols, including appropriate manual or
guidelines, for referring OSAEC and CSAEM cases.
Section 99. Feedback Mechanism. — The NCC-OSAEC-CSAEM shall, in consultation

with the child victim-survivors, develop a child-sensitive, gender-responsive, disability-
inclusive, culture-sensitive, and safe feedback mechanism for child victim-survivors who
have accessed its services via this pathway.
Article 4
OSAEC and CSAEM Database
Section 100. Database Guidelines.— The NCC-OSAEC-CSAEM shall develop

guidelines for 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.
Section 101. Data Privacy. — The NCC-OSAEC-CSAEM shall implement security

measures pursuant to Section 20 of R.A. No. 10173 (Data Privacy Act of 2012) for the
protection of personal data in the database.
Section 102. Structures and Mechanism for Reporting of Cases of OSAEC and
CSAEM. —
(a) Each Member of the NCC-OSAEC-CSAEM shall submit a quarterly report to the
NCC-OSAEC-CSAEM on cases or incidents of OSAEC-CSAEM handled by their
respective agencies for consolidation by the Secretariat, and shall form part of the
yearly report of the NCC-OSAEC-CSAEM to the IACAT. The quarterly report shall
be submitted every 15th day of the month after each quarter.
(b) For member agencies whose report will come from their regional, provincial, city or
local offices, such as, but not limited to the Philippine National Police, National
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Bureau of Investigation, Department of Justice, and Department of Social Welfare

and Development, the following reporting mechanism shall be observed:
(1) Philippine National Police (PNP) – the Women and Children Protection Desk
(WCPD) in all city and municipal police stations shall be responsible for the
reporting of the incidence of OSAEC and CSAEM to the Women and Children
Protection Center (WCPC) in Camp Crame, every quarter, or as often as may
be required by the latter.
The WCPC shall consolidate the data, and submit the same to the NCC-
OSAEC-CSAEM every 15th of the month after each quarter.
The PNP Anti-Cybercrime Group shall also submit its report on the same
period either directly to the NCC-OSAEC-CSAEM.
(2) National Bureau of Investigation (NBI) - The Anti-Cybercrime Division and Anti-
Human Trafficking Divisions of the National Bureau of Investigation (NBI), shall
prepare their respective reports on a quarterly basis, or as often as necessary,
and submit their report to the NCC-OSAEC-CSAEM every 15th of the month
after each quarter.
(3) Department of Social Welfare and Development (DSWD) - The LSWDO in all
cities and municipalities shall be responsible for the reporting of the cases of
OSAEC and CSAEM to the Regional Offices of the DSWD, every quarter, or
as often as may be required by the latter. The DSWD shall consolidate the
data in its Database of Cases, and submit the same to the NCC-OSAEC-
CSAEM every 15th of the month after each quarter.
(4) Department of Justice (DOJ) – All DOJ Prosecution Offices shall be

responsible for the reporting of the OSAEC and CSAEM cases to the DOJ,
every quarter, or as often as may be required by the latter. The DOJ shall
consolidate the data, and submit the same to the NCC-OSAEC-CSAEM, every
15th of the month after each quarter.
(5) Other Concerned Agencies shall likewise submit their reports on their anti-
OSAEC-CSAEM programs or cases handled by them to the NCC-OSAEC-
CSAEM every 15th of the month after each quarter.
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(c) The NCC-OSAEC-CSAEM shall consolidate all reports in a unified database. For
uniformity of data or information that will be submitted pursuant to this Section, the
NCC-OSAEC-CSAEM shall develop a standard reporting template.
Section 103. Harmonization and Standardization of Databases. – To ensure efficient

data collection, the NCC-OSAEC-CSAEM through the Secretariat shall undertake
measures to harmonize and standardize relevant databases, especially as regards
minimum data requirements, definitions, reporting formats, data collection systems, and
data verification systems. It shall make sure that such databases shall have, at the
minimum, the following information:
(a) The number of cases of OSAEC and CSAEM, sorted according to status of cases,
including the number of cases being investigated, submitted for prosecution,
dropped, and filed and/or pending before the courts and the number of convictions
and acquittals;
(b) The number of reported incidents of OSAEC and CSAEM received by the agencies
that are not yet investigated;
(c) The profile/information on each case;
(d) Data on OSAEC and CSAEM victims and the accused/defendants, disaggregated
by age, sex, ethnicity, and type of disability, if any.
To facilitate compliance with the requirements of the Data Privacy Act and other
applicable laws and regulations, the member agencies of the NCC-OSAEC-CSAEM shall
designate the specific unit and the accountable officer for their respective databases on
OSAEC-CSAEM.
Section 104. Agency-based Monitoring and Data Collection System. – All

government agencies tasked under the law to undertake programs and render assistance
to address OSAEC and CSAEM shall develop their respective monitoring and data
collection systems, and databases, for purposes of ensuring efficient collection and
storage of data on OSAEC and CSAEM cases under investigation by the DOJ or law
enforcement authorities, and OSAEC and CSAEM incidents reported to or received by
other agencies. Concerned agencies shall designate the unit or office accountable for
such data collection systems and submit data to the NCC-OSAEC-CSAEM for integration.
Article 5
Roles and Responsibilities of NCC-OSAEC-CSAEM Members
and Other Relevant Agencies
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Section 105. Common Roles and Responsibilities. — Consistent with their mandates,
all NCC-OSAEC-CSAEM member agencies and other relevant agencies shall have the
following additional common roles and responsibilities:
(a) Include or formulate policies and develop programs supportive and consistent with
the objectives of the Act;
(b) Enhance the capability of its officers and personnel involved in OSAEC and CSAEM
issues through appropriate training and staff support programs;
(c) Undertake information, education and advocacy campaigns against OSAEC and
CSAEM, in coordination with the Department of Education, whenever appropriate;
(d) Coordinate with, and tap existing structures and resources for addressing children's
welfare and concerns;
(e) Ensure sufficient appropriations for the effective implementation of the Act and
provision of mandatory services; and
(f) Document best practices as basis for policy formulation and program development.
Section 106. Specific Roles and Responsibilities of NCC-OSAEC-CSAEM Member

Agencies. – The following national government agencies, which are member agencies
of the IACAT, shall have the following specific roles and responsibilities, among others:
(a) Department of Justice (DOJ)

(i) Ensure the immediate investigation and prosecution of persons for violation of
the Act, in accordance with the Rules of Criminal Procedure and other
applicable laws, rules and regulations;
(ii) Develop appropriate procedural rules and/or guidelines for the handling and
prosecution of OSAEC and CSAEM cases;
(iii) Designate and train prosecutors who shall investigate and prosecute OSAEC
and CSAEM cases;
(iv) Conduct capability-building activities in all levels of the National Prosecution
Service (NPS) so as to ensure as far as practicable that there are prosecutors
at the national level and in each provincial and city level of the NPS who have
specialized training in the investigation and prosecution of OSAEC and
CSAEM cases;
(v) Establish a mechanism for free legal assistance and medico-legal services for
OSAEC and CSAEM victims and survivors, in coordination with the DSWD,
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CHR, Integrated Bar of the Philippines (IBP), Department of Health (DOH),

local government hospitals, and other NGOs and volunteer groups;
(vi) Provide witness protection and benefit to victims of OSAEC and CSAEM, their
families, and their witnesses, subject to the qualifications and requirements
prescribed by existing laws;
(vii) Conduct, in coordination with other concerned stakeholders, training and
continuing education programs, specifically for DOJ prosecutors, lawyers, and
state counsels, public attorneys, NBI agents and other law enforcement
officers on the proper investigation and prosecution of OSAEC and CSAEM
cases and related topics such as the use of electronic and/or digital evidence
in trial and computer forensics;
(viii) Receive, evaluate, process and investigate claims for compensation of victims
of OSAEC and CSAEM through the Board of Claims subject to the provisions
of R.A. No. 7309 and other existing laws, rules and regulations;
(ix) Review existing programs on the protection of OSAEC and CSAEM victims
and their families and recommend to the NCC-OSAEC-CSAEM, whenever
appropriate, the institution of new policies and measures for their
enhancement;
(x) Conduct, as the Central Authority of the Republic of the Philippines, and in
coordination with the DFA, negotiations for mutual legal assistance and
extradition treaties with other countries to address cases of OSAEC and
CSAEM and related crimes; and
(xi) Coordinate with and/or seek assistance from the Anti-Money Laundering
Council (AMLC) on cases of OSAEC and CSAEM with possible money
laundering underpinnings.
(b) Department of Social Welfare and Development (DSWD)

(i) Assist the LSWDOs in the conduct of rescue operations in cooperation with
LEAs;
(ii) Provide, through its Field Offices, psycho-social counseling, temporary shelter
and other support services to victims of OSAEC and CSAEM and their families,
in the absence or unavailability of such services at LSWDO;
(ii) Develop programs and other support interventions, such as skills training and
livelihood service, whenever appropriate, to facilitate the recovery and
reintegration of OSAEC and CSAEM victims into their families and
communities;
(iii) Provide technical assistance and conduct capability building activities for
social welfare officers/social workers of LGUs, Local Chief Executives, Local
Legislators, and NGOs;
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(iv) Accredit NGOs that provide programs and services to ensure that they meet
the standards set by the Department; and
(v) Provide temporary shelter and psycho-social services to foreign nationals who
are victims of OSAEC and CSAEM, as confirmed by the Bureau of
Immigration.
(vi) [Direct LGUs to submit a report to the DSWD regional office]
(c) Department of Foreign Affairs (DFA)

(i) Make available its resources and facilities overseas to provide appropriate
services for Filipino victims and survivors of OSAEC and CSAEM;
(ii) Explore means to further enhance its assistance in eliminating OSAEC and
CSAEM activities through closer networking with government agencies, non-
government organizations, and other institutions in the country and overseas,
particularly in the formulation of policies and implementation of relevant
programs;
(iii) Actively participate in bilateral, regional and international initiatives and
cooperative arrangements aimed at suppressing OSAEC and CSAEM,
tracking, arresting and prosecuting offenders, and assisting victims of OSAEC
and CSAEM;
(iv) Further improve and enhance the security and reliability of Philippine-issued
passports, visas and travel documents in order to curtail OSAEC and CSAEM
perpetrated through the use of fraudulent identification;
(v) Integrate into the training and pre-departure orientation seminars for Foreign
Service personnel a training module on Anti-OSAEC and -CSAEM.
(d) Department of Labor and Employment (DOLE)

(i) Ensure the strict implementation of and compliance with existing
laws, rules and guidelines relative to localemployment;
(ii) Report cases of OSAEC and CSAEM, involving employers and labor
recruiters;
(iii) Make available existing livelihood programs to qualified families of OSAEC and
CSAEM child victim-survivors;
(iv) Conduct public awareness programs and activities among employers and
employees in the private sector, to prevent victimization and to suppress
OSAEC and CSAEM.
(e) Department of the Interior and Local Government (DILG)

(i) Conduct a systematic information dissemination, advocacy, and prevention
campaigns against OSAEC and CSAEM in coordination with pertinent national
government agencies and non-government organizations (NGOs);
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(ii) Advocate and encourage the LGUs to issue directives, guidelines or

ordinances regulating the establishments within their jurisdictions, and in
coordination with the DSWD, develop model ordinances to prevent and
suppress OSAEC and CSAEM;
(iii) Assist the NCC-OSAEC-CSAEM in monitoring the implementation of
the Act by LGUs;
(iv) Assist the LGUs in strengthening, activating and mobilizing existing child-
focused committees, councils, including Barangay Councils for the Protection
of Children (BCPCs), similar organizations, and special bodies at the local level
to prevent and suppress OSAEC and CSAEM; and
(vi) Institutionalize a comprehensive, gender sensitive and child-friendly
curriculum in the Philippine Public Safety College on the investigation and
handling of OSAEC and CSAEM cases.
(vii) [Monitoring of LCAT VAWC]
(viii) [Direct LGUs to submit report]
(f) Department of Education (DepEd)

(i) Ensure the implementation of anti-OSAEC and anti-CSAEM policy in schools
through its Learner Rights and Protection Office (LRPO);
(ii) Integrate in the appropriate subject areas, core messages on OSAEC and
CSAEM in the elementary and secondary levels, by providing lesson exemplar,
with emphasis on their implications and social costs to persons and country;
(iii) Issue directives to the schools and related organizations to ensure strict
implementation of the law by including anti-OSAEC and anti-CSAEM
preventive and responsive measures in the Child Protection Policy;
(iv) Conduct seminar workshops for the effective implementation of the Act;
(v) Submit quarterly reports to the NCC-OSAEC-CSAEM on cases of OSAEC and
CSAEM within schools;
(vi) Immediately report cases of OSAEC and CSAEM to police authorities;
(vii) Provide opportunities for victims of OSAEC and CSAEM in the educational
mainstream through the basic education, curricula, or alternative learning
systems; and
(viii) Provide education and raise consciousness among schoolchildren in order to
discourage the use and buying of CSAEM.
(g) Department of Health (DOH)

(i) Make available its resources and facilities in providing free medical and
psychosocial services to victims of OSAEC and CSAEM which shall, at all
times, be held confidential;
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(ii) Conduct capability-building activities for health service professionals in

handling OSAEC and CSAEM cases; and
(iii) Assist in the conduct of a systematic information dissemination, advocacy, and
prevention campaigns against OSAEC and CSAEM.
(h) Department on Information and Communications Technology (DICT)

(i) Issue set standards, including standards on child online safeguarding policies,
to institutionalize the monitoring and periodic reporting mechanisms of ISPs
and OCHs;
(ii) Coordinate closely with all the NCC-OSAEC-CSAEM member agencies for
effective detection and investigation of suspected OSAEC and CSAEM
offenders;
(iii) Issue directives, set standards, and promulgate rules and regulations, for
effective public and private partnership initiatives against OSAEC and CSAEM;
(iv) Formulate and implement plans and programs to encourage the use of ICT in
support of efforts and initiatives of the NCC-OSAEC-CSAEM;
(v) Assist government agencies in formulating and implementing policies,
programs and the NCC-OSAEC-CSAEM's campaign against OSAEC and
CSAEM;
(vi) Coordinate with the concerned government agencies, LGUs and other NGOs
for the enhancement of investigation, reporting, rescue techniques; and
(vii) Disseminate guidelines to all its network members on policies and programs
addressing issues on OSAEC and CSAEM.
(viii) Provide cybersecurity assistance to NCC-OSAEC-CSAEM in the development
of systems and applications related to the implementation of the Act;
(ix) Assist in the conduct of a systemic information dissemination advocacy and
prevention campaign against OSAEC and CSAEM in relation to security and
cyberspace;
(x) Provide technical expertise in developing databases—
(i) Department of Migrant Workers (DMW)

(i) Provide free legal assistance and counsel to families of Overseas Filipino
Workers (OFWs) with child victims of OSAEC-CSAEM and pursue legal action
against their offenders and represent their interests in any criminal
investigation or prosecution; and
(ii) Establish a mechanism with all responsible officers in the Foreign Service to
ensure coordination, through the fastest means of communication available,
the discovery and other relevant information on victims of OSAEC-CSAEM.
(iii) Provide social welfare services to families of Overseas Filipino
Workers(OFWs) with child victims of OSAEC-CSAEM in other countries,
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through the DSWD Social Welfare Attaché and social workers posted in foreign
countries, in coordination with the Labor Attaches, and the officials of the
Philippine Embassy and Consular Offices, which services may include, but not
be limited to stress management, repatriation and other appropriate
psychosocial interventions for their protection and welfare.
(j) Department of Tourism (DOT)

(i) Formulate and implement in coordination with local government units and other
relevant government agencies measures to prevent and stop sex tourism and
other activities of tourism establishments that might contribute to OSAEC and
CSAEM.
(k) Department of Transportation (DOTr)

(i) Develop a comprehensive program and awareness campaign to assist all
transportation sectors, including Transport Network Vehicle Services (TNVS),
and transportation personnel, such as airline flight attendants, airport agents,
taxi and bus drivers, and passenger boat crew in identifying victims, and
reporting incidents, of OSAEC- CSAEM;
(ii) Provide guidelines for the land, sea and air transport providers to train their
personnel in OSAEC-CSAEM matters; and
(iii) Standardize guidelines for monitoring OSAEC-CSAEM in every port.
(l) Philippine Overseas Employment Administration (POEA)

(i) Implement pre-employment orientation seminars (PEOS), including orientation
on OSAEC-CSAEM, and accredit NGOs and other service providers
conducting PEOS.
(ii) Formulate a system of providing free legal assistance to OSAEC-CSAEM
victims especially those committed in relation to trafficking.
(iii) Create a blacklist of recruitment agencies, illegal recruiters and persons facing
administrative, civil and criminal complaints for trafficking in relation to OSAEC-
CSAEM.
(iv) Conduct counseling services for Filipinos including orientation on the Act and
this IRR and other forms of exploitation and reporting mechanisms and
services available to victims and survivors of OSAEC-CSAEM.
(m) Bureau of Immigration (BI)

(i) Adopt measures for the apprehension of suspected OSAEC and CSAEM
offenders, both at the place of arrival and departure;
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(ii) Establish networks with LGUs for the effective apprehension of foreign
nationals suspected to be OSAEC and CSAEM offenders and their cohorts;
and
(iii) Develop and distribute materials containing advisory and other pertinent
information to enhance awareness against OSAEC and CSAEM.
(n) Philippine Coast Guard (PCG)

(i) Conduct regular inspections, surveillance, investigation, and arrest of
individuals or persons suspected to be engaged in OSAEC-CSAEM at sea.
(ii) Coordinate with other LEAs to secure concerted efforts for effective
investigation and apprehension of suspected OSAEC-CSAEM offenders.
(iii) Establish a system to receive complaints and calls to assist OSAEC-CSAEM
victims and conduct rescue operations.
(iv) Provide capacity-building programs to its regional, city, and municipal units, in
coordination with other concerned agencies, in ensuring wide understanding
and application of the Act at the local level.
(v) Encourage and support initiatives against OSAEC-CSAEM from the national
to the local levels.
(o) Philippine National Police (PNP)

(i) Undertake surveillance and investigation of persons suspected to be engaged
in OSAEC and CSAEM upon its own initiative or when public interest may
require and file appropriate charges against OSAEC and CSAEM offenders;
(ii) File the appropriate cybercrime warrant and implement the same to include
rescue and other appropriate law enforcement operation in coordination with
the local government units and their LSWDOs, or DSWD offices whenever
applicable;
(iii) Conduct capability-building activities specifically for PNP-ACG personnel on
handling OSAEC and CSAEM cases to include the continuous strengthening
of the capability of digital forensic examiners through participation in
internationally accredited trainings and certifications and procurement of
updated software licenses, hardware, and networking services;
(iv) Provide technical assistance and support in the investigation of cases which
covers regional and international borders and to foster cooperation and
coordination with other local or foreign law enforcement agencies; and
(v) Develop guidelines or manuals in the conduct of OSAEC and CSAEM
investigation.
(p) Philippine Commission on Women (PCW)
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(i) Assist the NCC-OSAEC-CSAEM in the formulation and monitoring of gender-

responsive policies addressing the issue of OSAEC and CSAEM, in
coordination with relevant government agencies;
(ii) Assist in the development of gender responsive documentation system in
coordination with other agencies and the National Statistical Coordination
Board (NSCB) through its monitoring of the situation of women and girls
particularly on OSAEC and CSAEM; and
(iii) Assist the NCC-OSAEC-CSAEM in the formulation of prevention and
reintegration programs.
(q) Commission on Filipinos Overseas (CFO)

(i) Provide pre-departure registration services for Filipino emigrants, including
Filipino spouses and other partners of foreign nationals.
(ii) Conduct pre-departure counseling services for Filipinos in intermarriages and
bi-national couples including orientation on the Act and this IRR and other
forms of exploitation and reporting mechanisms and services available to
victims and survivors of OSAEC-CSAEM.
(iii) Maintain a watch list database of foreign nationals with a history of domestic
violence, involvement in OSAEC-CSAEM, child abuse, and sexual abuse.
(iv) Develop a system of accreditation of NGOs that may be mobilized for purposes
of conducting pre-departure counseling services for Filipinos in intermarriages
and bi-national couples.
(v) Ensure that the counselors shall have the minimum qualifications and training
of guidance counselors as provided for by law.
(vi) Supervise the operation of a hotline facility, against OSAEC-CSAEM that
responds to emergency or crisis calls from victims, their families, and the
general public, in coordination with the IACAT.
(vii) Assist in the conduct of information campaigns against OSAEC-CSAEM in
coordination with LGUs, the Philippine Information Agency (PIA), and NGOs
(r) National Commission on Indigenous Peoples (NCIP)

(i) Develop a program for the prevention of OSAEC-CSAEM in indigenous
persons and in indigenous cultural communities, in coordination with the NCC-
OSAEC-CSAEM.
(ii) Educate and train indigenous persons and in indigenous cultural communities
about OSAEC-CSAEM, which cannot be the subject of settlement in
accordance with tribal customs.
(s) National Bureau of Investigation (NBI)
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(i) Investigate persons and establishments suspected to be engaged in OSAEC

and CSAEM activities, upon its own initiative and as public interest may
require, and file appropriate charges against OSAEC and CSAEM offenders;
(ii) Develop a protocol in handling OSAEC and CSAEM cases;
(iii) Conduct raid and rescue operation in coordination with the appropriate local
government units and their social welfare and development offices;
(iv) Strengthen the capability of NBI agents/investigators and personnel, and
upgrade the facilities of the units handling OSAEC and CSAEM and other
computer crimes cases;
(v) Provide technical assistance and capability building support on the gathering
preservation and chain of custody of electronic and digital evidence, whenever
properly requested in investigation and prosecution of OSAEC and CSAEM
cases;
(vi) Coordinate with all the Council member agencies, and share intelligence
information when necessary; and
(vii) Foster cooperation and coordination with international police organizations
and law enforcement agencies of other countries in the detection and
apprehension of OSAEC and CSAEM offenders, within or across national
borders.
(t) Philippine Center on Transnational Crime (PCTC)

(i) Serve as the focal point in international law enforcement coordination on
OSAEC and CSAEM, particularly with the INTERPOL;
(ii) Liaise with INTERPOL for the provision of technical assistance in the conduct
of investigation of OSAEC and CSAEM cases with transnational dimension;
and
(iii) Undertake strategic researches on the structure and dynamics of OSAEC and
CSAEM with transnational crime dimension, predict trends and analyze given
factors for the formulation of individual and collective strategies for the
prevention and detection of OSAEC and CSAEM, and the apprehension of
criminal elements involved.
(u) Council for the Welfare of Children (CWC)

(i) Integrate in the national action plans for children, strategies to address OSAEC
and CSAEM, and ensure the adoption of such frameworks by the national
government agencies, local government units and other stakeholders;
(ii) Formulate and implement advocacy campaigns against OSAEC and CSAEM;
(iii) Integrate the indicators on OSAEC and CSAEM within the Child-Friendly Local
Governance Audit (CFLGA); and
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(iv) Actively advocate and participate in international and regional discussion and
initiatives on OSAEC and CSAEM, and include the same in all of its
international commitments and policy pronouncements.
(v) National Authority for Child Care (NACC)

(i) Advocate for and protect the rights of children under alternative child care
programs and/or adoption against OSAEC-CSAEM.
(ii) Train NACC Social Workers and develop capable, responsive and trauma-
informed counseling services for children under the jurisdiction of the NACC
who are victims of OSAEC and CSAEM.
(iii) Extend training and programs to the Heads and social workers of child caring
agencies and other facilities extending care to children, including local, city,
and municipal social workers.
(iv) Conduct information dissemination programs to educate the public on
alternative child care programs and the legal process of adoption.
(v) Develop and implement a comprehensive updated database of all children
under the jurisdiction of the NACC, the prospective adoptive parents, adoptive
parents, and/or foster parents, including monitoring inter-country adoption
cases
(vi) Foster cooperation and coordination between and among local and
international authorities for the protection of children under the jurisdiction of
NACC against OSAEC and CSAEM.
(w) Anti-Money Laundering Council (AMLC)

(i) Share the results of the investigation as may be allowed under Republic Act
No. 9160 or the Anti-Money Laundering Act of 2001, as amended, and its rules
and regulations to assist the NCC-OSAEC-CSAEM for the purpose of
prosecuting offenders alleged to have committed such activities;
(ii) Assist in the investigation of money laundering related to OSAEC-CSAEM
cases, including in the freezing or confiscation or properties related thereto.
Section 107. Roles of Non-Government Organizations. – The NGOs, which are

member agencies of the IACAT, shall have the following roles:
(a) Assist government agencies in formulating and implementing policies, programs
and advocacy campaigns against OSAEC and CSAEM;
(b) Develop and disseminate information, education and communication (IEC)
materials against OSAEC and CSAEM;
(c) Conduct capability‐building activities for stakeholders and share their experiences
and expertise in handling OSAEC and CSAEM cases;
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(d) Coordinate with concerned government agencies and local officials whenever they
undertake programs and activities for the prevention, investigation and prosecution
of OSAEC and CSAEM cases;
(e) Coordinate with concerned government agencies and local officials whenever they
undertake programs and activities for the rescue, recovery and reintegration of the
victims of OSAEC and CSAEM and for provision of support services for their
families;
(f) Document best practices and models in combating OSAEC and CSAEM;
(g) Conduct researches and studies related to OSAEC and CSAEM;
(h) Disseminate information guidelines to all its network members, local and
international, on policies and programs addressing issues on OSAEC and CSAEM;
(i) Consult and coordinate anti-OSAEC and -CSAEM efforts of other accredited NGOs
and civil society organizations (CSOs) in accordance with the sector they represent
(i.e. children and women) and report the same to the IACAT through the NCC-
OSAEC-CSAEM Secretariat; and
(i) Perform such other tasks as may be agreed upon by the IACAT.
Section 108. Roles and Responsibilities of Other Relevant National Government

Agencies. — Consistent with their mandates under existing laws, the following agencies
shall:
(i) Integrate OSAEC and CSAEM issues in their strategy and program formulation;
(ii) Implement programs and services for the prevention and suppression of OSAEC
and CSAEM as well as for the protection of OSAEC and CSAEM victims;
(iii) Assist the NCC-OSAEC-CSAEM in the conduct of information dissemination and
training to frontline government agencies, NGOs and the general public; and
(iv) Ensure sufficient appropriation for the effective implementation of the Act, especially
with regard to the provision of mandatory services.
They shall likewise have the following roles and responsibilities:
(a) National Telecommunications Commission (NTC)

(i) Issue directives, set standards, and promulgate rules and regulations to
institutionalize the monitoring and periodic reporting mechanisms against
OSAEC and CSAEM by the ISPs;
(ii) Protect consumers against the misuse of telecommunications facilities that
promote the proliferation of OSAEC and CSAEM, and incorporate appropriate
prevention measures in the service standards for the information and
telecommunications providers;
(iii) Issue directives, set standards, and promulgate necessary procedural rules for
the preservation of evidence and/or log retention in coordination with the DOJ;
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(iv) Assist government agencies in formulating and implementing policies,

programs and the Inter-Agency-Committee campaign against OSAEC and
CSAEM; and
(v) Enlist the assistance of the telecommunication, broadcast and ICT sectors in
the effective monitoring, reporting and investigation of OSAEC and CSAEM
cases.
(b) Optical Media Board (OMB)

(i) Integrate the provisions of the Act in regulating optical media establishments
including the process of granting or renewal of licenses for specific periods, or
to deny, suspend, or cancel the same, for violations of the Act;
(ii) Conduct inspections, by itself or in coordination with other concerned
agencies, of establishments or entities under its jurisdiction for the detection of
optical media-related activities that would constitute OSAEC and CSAEM;
(iii) Apply for or obtain search warrants from any court of law, or take into
preventive custody any optical media and/or material or equipment, including
parts, accessories and paraphernalia used for the mastering, manufacture or
replication of optical media containing OSAEC and CSAEM, including those
media that are pandered as OSAEC and CSAEM;
(iv) Act as complainant in the criminal prosecution of violators of the Act in relation
to RA No. 9239 or the "Optical Media Act of 2003";
(v) Hear and resolve administrative cases, impose administrative sanctions
including but not limited to the imposition of fines and penalties; confiscation
of optical media; and suspension, non-renewal or cancellation of the license to
operate and/or closure of establishments or entities that violate the provisions
of the Act in relation to RA No. 9239;
(vi) Share data on OSAEC and CSAEM with other law enforcement agencies;
(vii) Assist government agencies in formulating and implementing policies and
programs and the NCC-OSAEC-CSAEM in its campaign against OSAEC and
CSAEM;
(viii) Coordinate with the concerned government agencies, LGUs and other NGOs
for the enhancement of investigation and reporting of OSAEC and CSAEM
cases; and
(ix) Disseminate guidelines to all its network members, local and international, on
policies and programs addressing issues on OSAEC and CSAEM.
(c) Department of Science and Technology (DOST)

(i) Support the NCC-OSAEC-CSAEM in capacity-building activities particularly in
its programs and projects to supplement the law enforcement aspect of the Act;
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(ii) Provide the assistance in the development of child-friendly materials as part of

its information dissemination campaign against OSAEC and CSAEM. Also
support the NCC-OSAEC-CSAEM in developing internet control measures
and cyberspace regulations;
(iii) Foster and promote the development of online-safety and knowledge-based
product technologies to deter OSAEC and CSAEM and help provide software
and hardware support in coordination with other funding agencies
(international and local) for the development of education/information modules
for children/students, teachers, parents, and the general public;
(iv) Provide technical assistance in the interconnection, sharing of databanks, and
other cooperative action of government agencies in handling OSAEC and
CSAEM cases.
(d) Commission on Human Rights

(i) Conduct advocacy and training programs relating to anti-OSAEC and CSAEM,
among the AFP, PNP and the academic institutions;
(ii) Investigate and recommend for prosecution violations of the Act;
(iii) Provide legal and financial assistance to victims of OSAEC and CSAEM;
(iv) Integrate anti-pornography efforts in the Barangay Human Rights Action
Center (BHRAC); and
(v) Monitor government compliance to international human rights treaty
obligations related to the suppression/elimination of OSAEC and CSAEM,
particularly the Convention for the Suppression of Traffic in Persons and
Exploitation of the Prostitution of Others, the Convention on the Elimination of
All Forms of Discrimination Against Women, the Convention on the Rights of
the Child, the Convention on the Protection of Migrant Workers and Members
of Their Families, and the UN Convention Against Transnational Organized
Crimes including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children.
(f) Philippine Information Agency (PIA)

(i) Enhance public awareness on OSAEC and CSAEM, pertinent laws and
possible actions to prevent victimization and re-victimization by developing
communication advocacy plans, as well as facilitate the printing and
distribution of appropriate information materials;
(ii) Facilitate training seminars through the provision of technical knowledge and
skills training to media practitioners to ensure the widest possible information
dissemination, and optimize public awareness and participation in the battle
against OSAEC and CSAEM, as well as to protect the privacy rights of victims
and their family members;
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(iii) Assist in the conduct of a systematic information dissemination, advocacy, and

prevention campaigns against OSAEC and CSAEM.
(g) National Privacy Commission (NPC)

(i) Advise the NCC-OSAEC-CSAEM in the formulation of policies in the
campaign against OSAEC and CSAEM that ensure data privacy and
protection;
(ii) Advise government agencies on data privacy and protection in the
formulation and implementation of policies and against OSAEC and CSAEM;
and
(iii) Provide training on data privacy and protection for the NCC-OSAEC-CSAEM
and government agencies when necessary.
Section 109. Assistance of Other Agencies and Institutions. -- In implementing the

Act and this IRR, the IACAT, the NCC-OSAEC-CSAEM and the relevant agencies may
seek and enlist the assistance of NGOs, people's organizations (POs), civic organizations
and other volunteer groups.
Section 110. Roles and Responsibilities of LGUs.— The LGUs in all levels, consistent
with their respective mandates under the Local Government Code, shall have the
following duties and responsibilities:
(a) Monitor and regulate the establishment and operation of internet cafés and kiosks
or similar establishments in order to prevent violation of the provision of the Act;
(b) Monitor and document cases of OSAEC and CSAEM in their areas of jurisdiction,
through their respective LSWDOs;
(c) Effect the cancellation of licenses of establishments which violate the provisions of
the Act;
(d) Undertake education and information campaigns to prevent and suppress OSAEC
and CSAEM;
(e) Assist, coordinate and partner with NGOs within their jurisdiction to support LGUs
enhance their resources or technical capabilities to implement anti-OSAEC-CSAEM
programs;
(f) Support the establishment of national databases, in coordination with the DOJ and
the DSWD, through the regular submission of reports by their respective LSWDOs;
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(g) Establish and support community-based initiatives which address OSAEC and
CSAEM;
(h) Establish OSAEC and CSAEM prevention programs that aim to educate families
against OSAEC and CSAEM
(i) Provide basic social services for the prevention, rescue, recovery, rehabilitation and
reintegration under the LSWDO, including after care support services to victims of
OSAEC and CSAEM;
(j) Through PESO, in coordination with the DOLE, assist and refer families of child
victim-survivors of OSAEC and CSAEM for local and overseas employment,
whether private or public, as part of the reintegration programs of the government;
(k) Enact and implement ordinances to localize efforts against OSAEC and CSAEM,
taking into account local culture and norms;
(l) Coordinate with the NCC-OSAEC-CSAEM and the DILG to ensure uniformity and
consistency between the local ordinances or issuances and these Rules;
(m) Ensure the participation of the Sangguniang Kabataan (SK), and the allocation of
sufficient funds from the SK funds and resources for the initiatives against OSAEC
and CSAEM at the barangay level;
(n) Strengthen, activate and mobilize existing child-focused committees, councils,

similar organizations, and LGUs at the provincial, city, municipal and barangay
levels to prevent and suppress cases;
(o) Assist in the filing of cases; and
(p) Coordinate with, refer, and endorse to the DSWD and/or other relevant agencies of
government all cases of OSAEC depending on the victim’s needs.
The Leagues of Provinces, Municipalities and Cities shall recommend measures and
ensure the implementation of the LGUs’ roles and responsibilities.
LGUs may seek and enlist the assistance of NGOs, POs, civic organizations, and other
volunteer groups and ensure to provide or include in their annual budget/appropriation
funds for the implementation of programs and initiatives against OSAEC-CSAEM.
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Article 6
Duties and Responsibilities of the Private Sector
Section 111. 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; Provided, That internet intermediaries which
already have in their existing terms of service or service agreements substantially
similar prohibitory provisions on contents, products, and services relating to OSAEC
and CSAEM, shall be deemed compliant under this provision;
(2) Preserve within six (6) months from the date of the transaction extendible for another
six (6) months, upon notice by the competent authority 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 from the date of the transaction, 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 the
Act: Provided, finally, That the preservation period provided under the law governing
foreign corporations doing business in the Philippines or the period provided under
the Act, whichever is longer, shall prevail.
“Notice” herein shall mean a written preservation request from the competent
authority, which states the following:
(a) That it is issued pursuant to Section 9 of the Act and Section xx of this IRR;
(b) Name of the issuing competent authority;
(c) Profile Uniform Resource Locator (URL) of the account under investigation,
whenever appropriate;
(d) Internet Protocol (IP) Address used by the account under investigation for the
commission of OSAEC or CSAEM, as the case may be;
(e) E-mail address, username, and/or registered name used by the account under
investigation, whenever appropriate and available;
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(f) Estimated period or range of date as to when the account under investigation
was allegedly used for the commission of OSAEC or CSAEM, as the case may
be;
(g) Time and/or Time Zone when the account under investigation was allegedly
used for the commission of OSAEC or CSAEM, as the case may be;
(h) Reference to the specific provision of the Act alleged to be violated;
(i) Name and signature of the authorized official in accordance with the rules of
the concerned competent authority;
(j) Date on which the Notice was signed; and
(k) Such other facts as may be necessary to show the relevance of the request to
the investigation and/or prosecution;
(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; Provided finally, That
the period may be extended further, at a single instance, by another twenty-four (24)
hours, upon the written request of the Internet Intermediary when: (a) the information
in the Notice provided to the Internet Intermediary is incomplete, in such a case the
additional period shall run upon submission of the complete information; or (b) for
valid and reasonable cause, as when additional time is essential to enable the
Internet Intermediary to complete a review of the report due to high volume and/or
considerable length of the subject content/ pieces of content.
“Notice” herein shall mean written notice from any competent authority or private
citizen, which states the following:
I. If the Notice is issued by a competent authority:
(a) That it is issued pursuant to Section 9 of the Act and Section xx of this
IRR;
(b) Name of the issuing competent authority;
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(c) Specific internet addresses, URLs, websites or any contents to be

blocked/removed/taken down;
(d) Date and time, including Time Zone, when the specific internet
addresses, URLs, websites or any contents to be blocked/removed/taken
down was last accessed by the competent authority;
(e) Reference to the specific provision of the Act alleged to be violated;
(f) Name and signature of the authorized official in accordance with the rules
of the concerned competent authority;
(g) Date on which the Notice was signed; and
(h) Such other facts as may be necessary to justify the request for
blocking/removal/take down.
II. If the Notice is issued by a private citizen:
(a) Specific internet addresses, URLs, websites or any contents to be

(b) Date and time, including Time Zone, when the specific internet
addresses, URLs, websites or any contents to be blocked/removed/taken
down was last accessed by the private citizen who issued the Notice; and
(c) Such other facts as may be necessary to justify the request for
blocking/removal/take down.
Internet intermediaries may adopt and implement automated systems and dedicated
channels where they can receive the subject Notices for Blocking/Removal/Take
Down.
(4) Report to the Department of Justice-Office of Cybercrime (DOJ-OOC), within three

(3) days, the internet address, URLs, 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-OOC of such reporting: Provided, further, That
whatever relevant evidence otherwise not prohibited by law to be shared shall
nevertheless be reported to the DOJ-OOC.
“Report” herein shall mean written notice from internet intermediaries, which states
the following:
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(a) That the report is pursuant to Section 9 of the Act and Section xx of this IRR;
(b) Specific internet addresses, URLs, websites or any contents
(c) Date when the specific internet addresses, URLs, websites or any contents
were blocked/removed/taken down;
(d) Date and time when the Notice, which includes the specific internet addresses,
URLs, websites or any contents, was submitted to the internet intermediaries
for blocking/removal/take down;
(e) Name of the competent authority or private citizen who reported the specific
internet addresses, URLs, websites or any contents for blocking/removal/take
down to the internet intermediaries;
(f) For foreign internet intermediaries, that appropriate reports had already been
filed with the corresponding entity tasked by its government to receive
cybercrime, OSAEC and/or CSAEM reports, if applicable;
(g) Name and signature of the internet intermediaries’ authorized official executing
the Report; and
(h) The date on which the Report was signed.
The internet intermediaries shall also furnish the DICT and NTC with copies of
reports for submission under this section;
(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 Act 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 the Act; or
(iii) Conducted the streaming or live-streaming of child sexual exploitation.
The subpoena addressed to the internet intermediary concerned must state the
following:
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(a) That it is issued pursuant to Section 9 (a)(6) of the Act and Section xx of this
IRR;
(b) Name of the issuing authority/agency;
(c) That it is issued pursuant to investigation/prosecution of a person who gained
or attempted to gain access to an internet site, internet asset or internet
application which contains any form of CSAEM, facilitated the violations of the
Act, or conducted the streaming or live-streaming of child sexual exploitation,
as the case may be;
(d) Profile link of the IP address, e-mail address, username, and/or registered
name used by the account under investigation, whenever appropriate and
available;
(e) Estimated period or range of date when the account under investigation was
allegedly used for the commission of OSAEC or CSAEM, as the case may be;
(f) Time and Time Zone when the account under investigation was allegedly used
for the commission of OSAEC or CSAEM, as the case may be;
(g) Type of requested computer data (i.e., subscriber's or registration information
and/or traffic data);
(h) Facts necessary to show the relevance of the request to the
prosecution/investigation or on violations of the Act;
(i) Name and signature of the authorized official in accordance with the rules of
the competent authority; and
(j) Date when the subpoena is signed.
In complying with the subpoena issued pursuant to this Section, foreign internet
intermediaries may attach a written Certification stating that the information
contained in its submission is accurate as culled from the records of the company.
Such Certification may be considered in lieu of the personal appearance of foreign
internet intermediaries for purposes of attesting to the genuineness and authenticity
of the covered submissions under this Section.
(6) Develop, establish and install mechanisms or measures designed to prevent, detect,
respond or report violations of the 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 the Act which may include the installation of available technology, program, or
software to ensure that access to or streaming of violations of the Act will be
removed, blocked or filtered.
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The internet intermediaries shall consult with the NTC, DICT, and DOJ-OOC in
updating, developing, establishing, and installing OSAEC and CSAEM mechanisms
and measures herein;
(7) Coordinate with the 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 the Act. The DOJ-OOC, NTC, AMLC, BSP
and DICT shall, in coordination with the internet intermediaries, collectively
determine the criteria through which the latter can be fairly assessed if they have
reasonably complied with its duties under the Act without prejudice to other duties
and responsibilities under other laws.
(8) Adopt the child online safeguarding policy by the DICT under RA 10929 or the Free
Internet Access in Public Spaces Act in creating 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.
Nothing in this section may be construed to require internet intermediaries to engage in

the monitoring of any user, subscriber, or customer, or the content of any communication
of any such person.
These duties and obligations shall be without prejudice to other duties and obligations
that may be imposed upon internet intermediaries in other laws.
The foregoing undertakings shall form part of the requirements for all internet
intermediaries when applying for the necessary registration, permits, and/or licenses
before the concerned government agency in the Philippines.
Any person who violates this Section, which is penalized under Section 9 of the Act, shall
suffer the penalty of prision mayor in its medium period and a fine of not less than One
Million and 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
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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.
Section 112. 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 the Act.
“Notice” herein shall mean the same Notice described under Subsection 3 of the
immediately preceding Section;
(3) Maintain logs of each and every subscriber and the IP address assigned to each
and every subscriber at a given date and time, within the retention period prescribed
in Section ___ of these Rules or the particular ISP’s latest internal protocols,
whichever is longer. To accomplish this purpose, ISPs shall within six (6) months
from the effectivity of these Rules, upgrade their existing internet protocols or install
or adopt the necessary technology that shall allow them to specifically identify
individual subscribers and the IP addresses that correspond to each of them;
(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;
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(5) Adopt and integrate child protection standards in their corporate governance
practice and processes; and
(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."
Nothing in this section may be construed to require internet intermediaries to engage in

the monitoring of any user, subscriber, or customer, or the content of any communication
of any such person.
These duties and obligations shall be without prejudice to other duties and obligations
that may be imposed upon internet intermediaries in other laws.
The foregoing undertakings shall form part of the requirements of all ISPs when applying
for the necessary registration, permits, and/or licenses before the concerned government
agency in the Philippines.
Million and two Hundred Thousand Pesos (P1,200,000.00) but not more than Two Million
Section 113. 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, in accordance
with the suspicious transaction reporting mechanism, under Republic Act No. 9160,
otherwise known as the “Anti-Money Laundering Act of 2001”, as amended.
Law enforcement agencies investigating violations of the 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
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established that there is reasonable ground to believe that the transactions to be

examined involve prohibited activities under the Act.
The term “financial intermediaries” shall mean persons or entities whose principal
functions include the lending, investing or placement of funds or evidence of indebtedness
or equity deposited with them, acquired by them, or otherwise coursed through them
either for their own account or for the account of others.
Notwithstanding the provisions of Republic Act No. 1405, entitled "An Act Prohibiting
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 the 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 the Act.
Violations under Sections 4 and 5 of the 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 AMLC and the DILG shall promulgate the necessary rules and regulations for the
implementation of this provision in accordance with the Act, which shall include, among
others, the guidelines to determine suspicious activity and indicators that OSAEC- and
CSAEM-related activities are being conducted.
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Section 114. 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 the Act that are being committed within their
premises: Provided, That there is a prima facie knowledge that a violation of the 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, including participation in the Safer Internet Day for Children
Philippines pursuant to Presidential Proclamation No. 417, series of 2018.
The foregoing undertakings shall form part of the requirements of all internet hotspots,
cafes, or kiosks when applying for the necessary permits before the concerned local
government unit.
Section 115. Hotels, Motels, Transient Dwellings, or any Analogous Living Spaces.
– Pursuant to Section 9 (d) (1) in relation to Section 3 (o) of the Act, all owners, lessors,
sub-lessors, operators, and managers of hotels, motels, residential homes,
condominiums, dormitories, apartments and dwellings offered for transient use, , or any
analogous living spaces shall notify the NCC-OSAEC-CSAEM, within twenty-four
(24)hours from obtaining facts and circumstances, of any violations of the Act that are
being committed in their premises.
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The foregoing undertakings shall form part of the requirements of all hotels, motels,
transient dwellings, or any analogous living spaces when applying for the necessary
permits before the concerned local government unit.
Article 7
Implementation at Sub-National and Local Levels
Section 116. Additional Function of Sub-national and Local Bodies. – The existing
Regional Inter-Agency Committee Against Trafficking in Persons and Violence Against
Women and Children (RCAT-VAWC) as well as the Local Committee against Trafficking
in Persons and Violence against Women and Children (LCAT-VAWC) established at the
provincial and city/municipality levels shall have the additional function of coordinating
and monitoring policy and programs against OSAEC-CSAEM at the regional and local
levels; Provided That, the Barangay Child Protection Council (BCPC) through the local
social workers and in coordination with the barangay officials shall identify communities
and families that are vulnerable to OSAEC for purposes of providing appropriate
interventions. They shall also recommend the passage of ordinances to implement local
programs and interventions on anti-OSAEC and anti-CSAEM.
Section 117. Preparation and submission of reports. – The existing sub-national

structures shall prepare and submit annual reports on local initiatives against OSAEC-
CSAEM according to the following schedule:
(a) From municipal/component city to provincial local committee, if present; or from

municipal/component city social welfare and development office to provincial social
welfare and development office: Every 15th of November.
(b) From provincial/HUC provincial social welfare and development office to DSWD
Field Office: Every 30th of November.
(c) From DSWD Field Office to NCC-OSAEC-CSAEM Secretariat: Every 15th of
December.
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The IACAT in coordination with the IACVAWC shall develop standard annual report
templates and additional guidelines to ensure timely compliance.
Section 118. Technical Assistance and Functionality of Local Structures. – The

DSWD and DILG shall provide technical assistance to LGUs in strengthening the LCAT-
VAWC, BCPC, and other similar local structures in combating OSAEC-CSAEM.
Section 119. Assistance of Other IACAT Member Agencies and NGOs. – The other
member agencies including other NGOs shall likewise extend assistance to local
government units in strengthening sub-national and LCAT-VAWCs, especially in building
local capacity on developing programs against OSAEC-CSAEM. They shall report to the
NCC-OSAEC-CSAEM Secretariat such assistance and support to local governments for
inclusion in the annual and other reports to the IACAT and ensure to provide or include
in their annual budget/appropriation funds for the implementation of programs and
initiatives against OSAEC-CSAEM.
Article 8
Anti-OSAEC and Anti-CSAEM Task Forces and Special Law Enforcement Units
Section 120. Specialized Anti-OSAEC and Anti-CSAEM Task Forces and/or Units. –
(a) Members of the IACAT may establish specialized anti-OSAEC and -CSAEM task-
forces or units to implement its mandate under the Act. These specialized units shall:
(1) Exclusively handle cases or reports involving OSAEC and CSAEM;

(2) Develop expertise of its respective members by through the conduct of
capacity-building and continuous review and updating of training programs for
its members;
(3) Coordinate with the other task forces;
(4) Ensure the implementation of the specific roles and responsibilities of the
member agency concerned under the Act and these rules and regulations;
(5) Assist in the establishment of similar units in local areas, as may be necessary,
and coordinate with these local task forces.
(b) The member agencies shall continually assess and review the operations of these
task-forces. The amount necessary for the operation of these specialized units shall
be funded by the concerned member agencies and may be supplemented by the
NCC-OSAEC-CSAEM.
Section 121. Sharing of Information and Conduct of Typology Workshops. – These

specialized task forces and units shall periodically conduct sharing of information
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sessions, typology workshops and similar activities to allow the exchange of experiences
and practices in the conduct of surveillance, interdiction, arrest, investigation and
prosecution of OSAEC and CSAEM cases among the members of various task forces,
specialist units and prosecutors toward enhancing strategies and mechanisms to combat
OSAEC and CSAEM.
Article 9
Capacity Building
Section 122. Capacity Building Framework and Human Resource Development

program. -- The NCC-OSAEC-CSAEM shall develop and implement an integrated
human resource development program for all government officials and personnel dealing
with OSAEC and CSAEM. Such plan shall be pursued within the human rights based
approach and in a child- and gender-sensitive framework. For this purpose, the NCC-
OSAEC-CSAEM shall allocate resources to implement the program.
Section 123. Continuous Development and Updating of Manuals, Guidelines and

Other Similar Instruments. – The NCC-OSAEC-CSAEM, in coordination with other
relevant agencies, LGUs and partner NGOs, shall continuously develop manuals,
guidelines and other similar instruments as may be necessary to enhance victim
identification procedures, protection and assistance to victims, and investigation and
prosecution of cases, and strengthen inter-agency collaboration.
RULE VII
PROHIBITED ACTS AND PENALTIES
Article 1
Prohibited Acts and Penalties
Section 124. 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;
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(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 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;
(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;
(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 the 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;
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(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:
The investigation or prosecution of offenses under the Act shall be without prejudice to
appropriate investigation and prosecution mechanisms under Republic Act No. 9208,
otherwise known as the “Anti-Trafficking in Persons Act of 2003,” as amended by RA
11862, and other related laws.
Section 125. Penalties. — Per Section 10 of the Act, the following offenses shall be
penalized as follows:
(a) Any person who violates Section 4, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i)
and (j) of the 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 the 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 the 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 more than One million
pesos (P1,000,000.00).
(d) Any person who violates Section 4, paragraph (p) of the 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).
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(e) Any person who violates Section 4, paragraph (q) of the 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 the 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 the 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 the 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 the 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 the Act that are penalized with life imprisonment, the frustrated
commission of the acts prohibited under Section 4 of the Act shall be punishable with the
penalty one degree lower than that prescribed under the Act. Attempted commission of
the acts prohibited under Section 4 of the Act shall be punishable with the penalty two (2)
degrees lower than that prescribed under the Act.
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Any person found guilty of violating Section 9 of the 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 the 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.
Article 2
Application of Penalties and Other Sanctions
Section 126. 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 127. Alien Offenders. — If the offender is a foreigner, the offender shall be
criminally prosecuted immediately. The trial prosecutor shall apply for a precautionary
hold departure order (PHDO) to prevent the foreigner from leaving the country, if
necessary. Thereafter, the offender shall be deported after serving sentence and will be
permanently barred from re-entering the Philippines.
Section 128. Applicability of Juvenile Justice and Welfare Act, as Amended. – (a) 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 Welfare Act of
2006”, as amended, and the child shall be accorded the appropriate treatment and
services under the said law. (b) 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 the Act and in
existing laws. The law enforcers shall conduct further investigation to determine the
Page 75 of 82
persons responsible in the grooming of the child victim and/or the persons who received
the CSAMs.
Section 129. Effect of Consent of the Child Victim-Survivor. — The consent of the
child victim-survivor is not material or relevant and shall not be available as a defense in
the prosecution of the unlawful acts prohibited under the Act.
Section 130. Syndicated and Large-Scale Violations of R.A. 11930. — Any violation
of the 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 the Act.
Section 131. Protection of a Good Samaritan. — Any person who has the
responsibility of reporting cases under the Act and this IRR, 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 to the DOJ-OOC 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 132. Safe Harbor Exception. — Access, possession and recording of any
CSAEM of any person for the purpose of complying with the duties under the 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.
Rule VIII
Final Provisions
Article 1
Appropriations and Other Funding Sources
Page 76 of 82
Section 133. Appropriations.— The amount necessary to implement the provisions of

the Anti-OSAEC and Anti-CSAEM Act shall be included in the annual General
Appropriations Act.
Section 134. Establishment of Endowment Fund. – The IACAT shall establish an

Endowment Fund which shall be self-sustaining and shall consist of contributions,
donations, grants, or loans from domestic and foreign source to develop and implement
the necessary programs that will prevent and form of child sexual abuse or exploitation,
and for the protections, healing and reintegration of the child into the mainstream of
society.
It shall be managed by the NCC-OSAEC-CSAEM.
The use and disbursement of the Endowment Fund shall be subject to the approval of at
least two-thirds (2/3) of the members of the Council and shall be governed by existing
government accounting and auditing rules and regulations.
Section 135. Inclusion in Agency Appropriations. – The heads of department,

agencies concerned and LGUs shall include in their annual appropriations the funding
necessary to implement programs and services required by the Act and these rules and
regulations.
National government agencies and local government units may include the programs,
projects and activities required to carry out their mandate under the law and these rules
and regulations in their annual Gender and Development (GAD) Plan and Budget, in
accordance with the GAD Planning and Budgeting Guidelines issued by the PCW with
concerned agencies.
Section 136. Funding for Mandatory Services. – The LGUs shall ensure the inclusion
of funds in the Local Investment Plan to ensure the full implementation of the Mandatory
Services for victims of OSAEC and CSAEM and their families. Likewise, the LGUs are
further mandated to integrate the Mandatory Services in their Annual Gender and
Development (GAD) Plan.
Article 2
Miscellaneous
Section 137. Transitory Provisions.— The mandates, office and funding of the existing
Inter-Agency Council Against Child Pornography (IACACP) under Republic Act No. 9775,
Page 77 of 82
otherwise known as the "Anti-Child Pornography Act of 2009," shall remain until the
effectivity of the Act.
Upon the effectivity of the 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 the Act, the existing budget or funds of the
IACACP shall be utilized by the NCC-OSAEC-CSAEM. 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 138. Suppletory Application of Relevant Laws and Rules. – The RA 9208 or
the Anti-Trafficking in Persons Act, as amended, and its Implementing Rules and
Regulations, the Revised Penal Code, as amended, the Rules of Court, other laws and
IRRs, shall be suppletorily applicable to these Rules.
Section 139. Saving Clause. – All judicial decisions and orders issued, as well as
pending actions relative to the implementation of Republic Act No. 9775, otherwise known
as the “Anti-Child Pornography Act of 2003,” prior to its repeal shall remain valid and
effective.
Section 140. Amendment. – These Rules may be amended, modified or supplemented

by the IACAT when necessary for effective implementation and enforcement of RA
11930.
Section 141. Separability Clause. — If any part of these Rules is declared

unconstitutional or invalid, the other provisions not affected thereby shall continue to be
in full force and effect.
Section 142. Effectivity. — This IRR shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in a newspaper of general circulation.
Page 78 of 82
Annex “A”
Table of Offenses and Penalties
Offense Penalty
Imprisonment Fine
Sec. 4(a)–(j), Sec. 10 par. 1(a) Life imprisonment Not less than
P2,000,000
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.
To produce, direct, manufacture, facilitate,

or create any form of CSAEM, or participate
in the production, direction, manufacture,
facilitation or creation of the same.
To offer, sell, distribute, advertise, promote,

export, or import, by any means, any form
of CSAEM.
To knowingly publish, transmit and

broadcast, by any means, any form of
CSAEM.
To permit or influence the child to engage,

participate or assist in any form of CSAEM.
To produce, direct, create, hire, employ or

pay a facilitator to stream or livestream acts
of child sexual abuse or exploitation.
To stream or live-stream acts of, or any form

of, child sexual abuse and exploitation.
To recruit, transport, transfer, harbor,

provide, or receive a child or to induce or
Page 79 of 82
Offense Penalty
Imprisonment Fine
influence the same, for the purpose of

violating this Act.
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.
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.
Sec. 4(k)–(l), Sec. 10 par. 1(b) Reclusion Not less than

temporal in its P1,000,000 but
To knowingly benefit from, financial or maximum period not more than
otherwise, the commission of any of the (17 years and 4 P2,000,000
offenses of this Act. months and 1 day
to 20 years) to
To provide a venue for the commission of Reclusion
prohibited acts under this section such as Perpetua (20
dens, private rooms, cubicles, cinemas, years to 40 years)
houses, private homes, or other
establishments.
Sec. 4(m)–(o), Sec. 10 par. 1(c) Reclusion Not less than

temporal in its P800,000 but not
To engage in the luring or grooming of a maximum period less than
child: Provided, That grooming taking place (17 years and 4 P1,000,00
offline as a prelude to violations under this months and 1 day
Act shall also be penalized. to 20 years)
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.
Page 80 of 82
Offense Penalty
Imprisonment Fine
To engage in pandering as defined under

this Act.
Sec. 4(p), Sec. 10 par. 1(d) Reclusion Not less than

To willfully subscribe, join, donate to, or medium period more than
support an internet site that hosts OSAEC (14 years, 8 P800,000
or the streaming or live-streaming of child months and 1 day
sexual abuse and exploitation. to 17 years and 4
months)
Sec. 4(q), Sec. 10 par. 1(e) Reclusion Not less than

To advertise, publish, print, broadcast or minimum period more than
distribute, or cause the advertisement, (12 years and 1 P500,000
publication, printing, broadcasting or day to 14 years
distribution by any means of any brochure, and 8 months)
flyer, or any material that promotes OSAEC
and child sexual abuse or exploitation.
Sec. 4(r), Sec. 10 par. 1(f) Reclusion Not less than

temporal P300,000
To possess any form of CSAEM: Provided, (12 years and 1
That possession of three (3) or more day to 20 years)
CSAEMs is prima facie evidence of the
intent to sell, distribute, publish or
broadcast.
Sec. 4(s), Sec. 10 par. 1(g) Prision mayor in Not less than
its maximum P200,000 but not
To willfully access any form of CSAEM. period more than
(10 years and 1 P300,000
day to 12 years)
Sec. 4(t), Sec. 10 par. 1(h) Prision mayor in Not less than
its medium period P100,000 but not
To conspire to commit any of the prohibited (8 years and 1 more than
Page 81 of 82
Offense Penalty
Imprisonment Fine
acts stated in Sec. 4 of this Act. day to 10 years) P200,000
Sec. 6, Sec. 10 par. 1(i) Life imprisonment Not less than

P5,000,000 but
To commit syndicated and large-scale not more than
violations of this Act P20,000,000
Sec. 9, Sec. 10 par. 4 Prision mayor in 1st offense: Not

its medium period less than
For internet intermediaries, ISPs, PSPs, (8 years and 1 P1,200,000 but
internet hotspots, cafés, kiosks, to violate day to 10 years) not more than
their respective duties and responsibilities P2,000,000
Subsequent
offense: Not less
than P2,000,000
but not more than
P3,000,000 and
revocation of its
license or
franchise to
operate and the
immediate
closure of the
establishment,
when applicable.
Page 82 of 82

Document

Uploaded by

Document

Uploaded by

CR: NBOO-2023-04-12-001

Republic of the Philippines

FOR : ALL DILG REGIONAL DIRECTORS AND THE BARMM-

SUBJECT : REQUEST FOR COMMENTS AND INPUTS ON THE PRE-FINAL

DATE : April 12, 2023

Provision Feedback Basis of Feedback

DENNIS D. VILLASEÑOR, MNSA, CESO IV

cc: OSCAR F. VALENZUELA

Encl: Pre-final draft of the RA 11930 IRR

“Matino, Mahusay at Maaasahan”

THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11930,

Section 2. Objective. — These rules and regulations are hereby promulgated to

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

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

(1) A person regardless of age who is presented, depicted or portrayed as a child

(2) Computer-generated, digitally or manually crafted images, or graphics of a

(1) Child sexual abuse with consideration whether monetary or nonmonetary

(3) Employing fraud, machination, undue influence, intimidation, threat or

(f) Child victim-survivor refers to a child victim of OSAEC and CSAEM;

nongovernment organizations (NGOs), professional associations, foundations,

(h) Competent authority refers to law enforcement authority, investigating authority,

(i) Computer refers to an electronic, magnetic, optical, electrochemical, or other data

(j) Computer data refers to any representation of facts, information, or concepts in a

(l) Grooming refers to predatory conduct, act, or pattern of acts, of establishing a

(m) Image-based sexual abuse (ISA) refers to a form of technology-facilitated sexual

(t) Internet intermediaries refer to persons or entities that provide infrastructure,

(1) Internet service providers;

(z) NCC-OSAEC-CSAEM refers to the National Coordination Center against OSAEC

(aa) Non-Government Organization (NGO) refers to a non-stock, non-profit

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

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

(hh) Service providers refer to entities or individuals, duly-licensed by the DSWD,

(ii) Self-generated refers to content that is produced by and feature children;

(mm)Subscriber’s information or Registration information refers to any information

subscriber that is available on the basis of the service agreement or

(nn) Tourism establishments refer to facilities, services and attractions involved in

face-to-face reporting mechanisms that are child-sensitive, gender-responsive, disability-

Section 7. Action on the reported OSAEC and CSAEM incident by barangay

Section 8. Action of law enforcement agencies on a reported case of OSAEC and

Section 9. Taking of statements of persons in possession of information about a

Section 10. Objectives of a law enforcement operation. A law enforcement operation

(a) Rescue, protect and assist the child victim-survivor;

Section 11. General guidance in the conduct of law enforcement operations. – To

The law enforcement officers in coordination with the DSWD/LSWDO/accredited NGO

Section 17. Cooperation of Law Enforcement Agencies in OSAEC and CSAEM

(a) Identifying and locating the property and/or asset;

SECTION 20. Creation of a Registry of Blacklisted Aliens. — The NCC-OSAEC-

(b) Those aliens reported to or being monitored by Philippine law enforcement

Section 25. Role of the Department of Information and Communications

Section 29. Authority of Law Enforcement Agencies to Retain Computer Data. –

Section 30. Application for the interception of communications; Requirements. –

Section 31. Effective period of order to intercept communications. – The order

(a) Name, date of birth, and PhilSys number, if available.

(c) Place of residence, temporary lodging, employment, and school attendance.

(i) Complete criminal history; and

(j) Recent photograph.

The following procedure shall govern the updating of the Registry:

(1) Each year, if the offender is sentenced with prision mayor;

Section 39. Extra-territorial jurisdiction; Requirements. – The Philippines shall

Section 40. Prohibition. – No prosecution may be commenced against a person under

Section 41. Extradition. – The extradition of an accused or a convicted person for an

(a) Taking of evidence or obtaining voluntary statements from persons;

(c) Effecting service of judicial documents;

Section 47. Execution of Requests for Assistance; Limitations. – A request for

(1) Offended party;

Section 52. Commencement of the inquest proceedings. – Where a person is lawfully

Section 53. Commencement of preliminary investigation. – A preliminary

Section 59. Presentation of Child’s Statement as Evidence. – “The Rule on

Section 62. Appointment of Special Prosecutors. – The DOJ shall appoint or

Section 64. Non-Dismissal of Cases on the Basis of an Affidavit of Desistance. –

(a) An application/petition for issuance of freeze order;

(5) Agents of investigating law enforcement agencies; and

Section 69. Overall policy on victim prevention, protection and assistance. –

Section 71. No liability for Wiretapping and/or illegal interception. – Victims of

Section 72. Non-disclosure of personal circumstances. – The name and personal

Section 73. Prohibition against victim-blaming. – Persons, agencies or organizations