REPUBLIKA NG PILIPINAS

TANGGAPAN NG SANGGUNIANG PANLUNGSOD

LUNGSOD NG BAKOLOD
-000-

CITY ORDINANCE NO. 1077

August 7, 2024

AN ORDINANCE PROHIBITING ACTS OF ONLINE SEXUAL ABUSE AND

EXPLOITATION OF CHILDREN (OSAEC) IN BACOLOD CITY WITH CORRESPONDING
PENALTIES, THEREAFTER PROVIDING A SUPPORTIVE ENVIRONMENT FOR THE
SURVIVORS, AND PROVIDING FUNDS THEREOF.

WHEREAS, Section 3, Article XV of the 1987 Philippine Constitution provides that the
state shall defend the rights of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development".

WHEREAS, RA 7610 or the "Special Protection of Children Against Abuse, Exploitation

and Discrimination Act" provides that it is hereby declared to be the policy of the State to provide
special protection to children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination;

WHEREAS, R.A No. 11930 or the "Anti-Online Sexual Abuse or Exploitation of Children
(OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act" declared it to be
the policy of the State to provide special protections to children from all forms or 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;

WHEREAS, R.A No. 9208 or the “Anti-Trafficking in Persons Act of 2003” as amended by
the Republic Act No. 10364 or the Expanded Anti-Trafficking Act of 2012, protects the child
against online sexual exploitation by declaring unlawful recruitment by any means for the
purpose of prostitution, pornography, sexual exploitation or maintain or hire a person to engage
in prostitution or pornography;

WHEREAS, R.A. No. 11862 or the Expanded Anti-Trafficking Act of 2022 was signed into
law by President Rodrigo Duterte on 23 June 2022 which provided for the definition of Online
Sexual Abuse of Exploitation of Children (OSEC) and Child Sexual Abuse and Exploitation
Material (CSEM) or Child Sexual Abuse Material (CSAM);

WHEREAS, Section 11 (i) of R.A. No. 11862 specifically provides that LGUs shall be
mandated to pass an Ordinance to combat trafficking in persons and other forms of exploitation
at the local level; and develop and implement a trafficking in persons preventive education
program aimed at educating and orienting the public about the crime and how it is perpetrated in
. current society, and the services available for victims and survivors;
City Ordinance No. 1077
August 7, 2024 Page 2

WHEREAS, Section 33 of R.A. 11930 or the Anti Online Sexual Abuse and Exploitation of
Children Law provides that Local Governments shall pass an Ordinance to localize efforts
against OSAEC and CSAEM, take into account local culture and norms, institutionalize
community based initiatives that address OSAEC and CSAEM at the barangay level, establish
OSAEC and CSAEM prevention programs that aims to educate families against OSAEC and
CSAEM and provide a holistic local program for rehabilitation and reintegration under the local
services welfare and development office including support and protection for victims and
survivors.

WHEREAS, the City of Bacolod has and continues to demonstrate exemplary child
friendly governance;

WHEREAS, the internet has been a positive catalyst for innovation, education, and
economic growth, however, it has also enabled those who would harm children by making it
easier for them to produce, access and share sexual abuse materials; to find like-minded
offenders; and reduce their risk of detection;

WHEREAS, as connectivity expands, and with 59% of Filipino children connecting to the
internet without supervision, so too do sexual crimes, exploitations and abuses committed
against children where online tools and/or services are used;

WHEREAS, the Philippine Kids Online Survey found that 90% of Filipino children can
access the internet whenever they want or need to, and 59% connect to the internet without
supervision. It also revealed that 2 in 10 children are vulnerable to be victims of child online
sexual abuse and exploitation;

WHEREAS, in 2018 alone, 600,000 sexualized photos of Filipino children were bartered
and traded, making the Philippines as one of the top global sources of child sex abuse materials;

WHEREAS, in 2018, the Department of Justice Office of Cybercrime received 579,006

cyber tips for the online sharing, re-sharing, and selling of child sexual abuse images and videos;

WHEREAS, in 2019, 418,422 cybertips were recorded, but in 2020, it has seen 260%
increase since the start of the lockdown;

WHEREAS, it will enhance local governance and strengthen child protection if survivors
are capacitated for leadership development, advocacy and participation;

WHEREAS, the adoption of stronger legislative measures in support of online safety of

children in the City of Bacolod will pave the way for the protection and development of the child;

NOW THEREFORE, BE IT ORDAINED, by the Sangguniang Panlungsod of Bacolod, in

session assembled that:

Section 1. Short Title — This Ordinance shall be known as the “An Ordinance Prohibiting Online
Sexual Abuse and Exploitation of Children in Bacolod City” or “Anti-OSAEC Ordinance”.

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August 7, 2024 Page 3

Section 2. Scope and Application — This Ordinance covers all households, internet and allied
business establishments, private business establishments, government agencies and its facilities
within the City of Bacolod.

Section 3. Declaration of Policy — The City of Bacolod hereby declares as policy that:

a. Each child is protected against the ill-effects of and the dangers of unsafe internet use
and prevent online abuse and sexual exploitation;
b. Families, parents and guardians and their children are educated and well-informed about
positive parenting, specifically, guiding their children on the use and the adoption of
internet or online-offline safety behaviors;
c. Persons in government offices and other public and private institutions are educated on
OSAEC as it evolves and how to respond to technology-based trafficking in persons and
are capacitated to respond according to their mandates;
d. Online businesses and other allied services/enterprises, such as, but not limited to data
providers, money transfers, IT equipment providers and internet installers are compliant
to existing laws and its provisions in ensuring online safety.

Section 4. Definition of Terms — For the purpose of this Ordinance, the following terms and
phrases shall mean:

a. “Child” refers to a person below eighteen (18) years of age or over but is unable to fully
take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

A child shall also refer to:

a.1 A person regardless of age who is presented, depicted or portrayed as a child defined
herein;

a.2 Computer-generated, digitally or manually crafted images or graphics of a person who

is represented or who is made to appear to be a child as defined herein.

b. “Child sexual abuse” refers to any form of communication through any platform r format,
or any physical interaction between a child and any person when the child is being used
for any act or activity inducing sexual stimulation or for the purpose of sexual gratification
or in pursuit of the desire to have carnal knowledge of the child, regardless of the gender
of the perpetrator or the victim, or the consent of the victim.

c. “Child sexual exploitation” refers to any of the following acts even if consent appears
to have been granted by the child:

a. 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;
b. Actual sexual intercourse with a child or children with or without consideration;

a
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August 7, 2024 Page 4

c. Employing fraud, machination, undue influence, intimidation, threat or deception

by any person to commit sexual abuse or sexual intercourse with a child or
children; or
d. 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.

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. For purposes of this Act, CSAEM may
interchangeably be referred to as CSAM

e. “Internet café or kiosk” refers to an establishment that offers or proposes to offer

services to the public for the use of its computer/s or computer system for the purposes of
accessing the internet, computer games or related services.

f. “Online Sexual Abuse and Exploitation of Children (OSAEC)” refers to the usage of
digital or analog communication and ICT as means to abuse and exploit children sexually,
which includes cases in which contact child abuse or exploitation offline is combined with
an online component. This can also include the production, dissemination, and
possession of CSAEM or CSAM; 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.

g. “Sexual Abuse or exploitation material” refers to any online or offline representation,

whether visual, audio or written combination thereof, by electronic, mechanical, digital,
optical, magnetic or any other means, of child engaged or involved in real or simulated
explicit sexual activities.

In the online platform, sexual abuse or exploitation material shall include visual or
audio or written materials or a combination thereof which is distributed via email, text
message, instant messaging, chat rooms, peer-to-peer file sharing networks, social
media platforms, and unencrypted and encrypted communication apps or traded on
password-protected sites, bulletin boards and forums.

h. “Videotaped In-Depth Interview (VIDI)” shall mean a video recorded “inquiry or

proceeding conducted by duly trained members of a multidisciplinary team or
representatives of law enforcement or child protective services for the purpose of
determining whether child abuse has been committed.”

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August 7, 2024 Page 5

Trauma-Informed Care is an organizational structure and treatment framework that

involves understanding, recognizing, and responding to the effects of all types of trauma
and seeking to employ practices that do not traumatize or re-traumatize (National Child
Traumatic Stress Network, 2020).

j- Network of Care - refers to a Trauma-Informed Network of Government and Private

Facilities and Service providers within a region, offering Programs and Services for OSEC
Survivors and their Families with a protocol that facilitates efficient and effective
communication, coordination and collaboration in service delivery.

_ Foster Care refers to the provision of planned temporary substitute parental care to a child
by a foster parent. While Foster Child refers to a child placed under foster care. Foster
Family Care License refers to the document issued by the DSWD authorizing the foster
parent to provide foster care. Foster Parent refers to a person, duly licensed by the
DSWD, to provide foster care.

Kinship Care is the full-time care of a child by a relative or another member of the
extended family.

. survivor Network- an all-inclusive program for members in the Philippines from different
case types of violence like child sexual abuse, commercial sexual exploitation, and online
sexual exploitation of children, who desire and pursue safe communities through justice
systems that protect the most vulnerable.

Local Survivor Group - A group of survivors in a specific region who have come together
for a cause and to support one another.

. Survivor Leadership- Survivors are individuals with experience and expertise to offer.
Survivors can use their experience and expertise in a leadership capacity to empower and
work with fellow survivors and the community. Survivor Leadership means survivors are
engaged as leaders who can shape programs or projects through their direct contribution;
and survivors are impacting and leading the movement against violence and slavery.

Section 5. Prohibited Acts — The following are considered acts of online sexual abuse and
exploitation of children and it shall be unlawful for any person to commit any of the following act:

a. Online child sexual abuse material - accessing, possessing, producing and/or distributing
images and/or videos of child sexual abuse;
b. Grooming of children for sexual purposes — developing a relationship with a child to
enable their sexual abuse and/or exploitation, either online or offline;
Live-streaming sexual abuse of children — using online video applications to view, and
sometimes interact with the sexual abuse of children live;
Sextortion: coercing and blackmailing children for sexual purposes- producing and/or
utilizing sexual images and/or videos depicting a child, for the purposes of sexual,
financial or other personal gains;
Other unlawful or prohibited acts as provided under the Republic Act No. 9775 or “Anti-
Child Pornography Act of 2009, Republic Act No. 11862 or the “Expanded Anti-Trafficking

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August 7, 2024 Page 6

in Persons Act of 2022” and Republic Act No. 11930 or the “Anti Online Abuse and
Exploitation of Children Law”

Section 6. Responsibility of Mall Owners/Operators and Owners or Lessors of other

Business Establishments — All mall owners/operators and owners or lessors of the other
business establishments shall notify the PNP- Bacolod or the NBI within 48 hours from obtaining
facts and circumstances that child sexual abuse or exploitation is being committed in their
premises. Provided, that public display of any form of child sexual abuse or exploitation within
their premises is a conclusive presumption of the knowledge of the mall owners/operators and
owners or lessors of other business establishments of the violations of this Act: Provided further,
that a disputable presumption of knowledge by mall owners/operators and owners or lessors of
other business establishment should know or reasonably know that a violation of this Ordinance
is being committed in their premises.

Photo developers, information technology professionals, credit card companies and

banks and any person who has direct knowledge of any form of child sexual abuse or
exploitation activities shall have the duty to report any suspected child sexual abuse or
exploitation materials or transactions to the proper authorities within 48 hours from discovery
thereof.

Any willful and intentional violation of this provision shall be subject to the penalty
provided under Section 21 of this Ordinance.

Section 7. Mandatory Seminar for Internet Café, Kiosks and Money Remittance Centers. All
internet café and kiosks, as well as money remittance centers should undergo a Seminar or
Orientation on Online Sexual Exploitation and Abuse of Children (OSAEC) as a requirement prior
to the issuance of a business permit, regardless of the kind of application whether it is new or for
renewal.

Section 8. Mandatory Services to Victims of Child Sexual Abuse or Exploitation — The

Department of Social Services and Development (DSSD) shall ensure that the child who is a
victim of any form of child sexual abuse or exploitation is provided appropriate care, custody and
support for their recovery and reintegration in accordance with existing laws.

The child and his/her family shall be entitled to protection as well as to the rights and
benefits of witnesses under Republic Act No.6981, otherwise known as ‘The Witness Protection,
Security and Benefit Act.”

To ensure recovery, rehabilitation and reintegration into the mainstream of society

concerned government agencies and the barangays shall make available the following services
to victims of any form of child sexual abuse or exploitation:

i. Emergency shelter or appropriate housing;

i. Alternative family-based care like Foster care and Kinship Care
ii. Counselling;
City Ordinance No. 1077
August 7, 2024 Page 7

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;
Medical and/or psychological services;
Vi. Livelihood and skills training;
vii. Educational assistance; and
viii. Support services to survivor empowerment, leadership development, advocacy and
participation

Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the child victims shall be adopted and carries out.

Section 9. Council and Composition — The members of the City Inter-Agency Council Against
Online Sexual Abuse and Exploitation of Children shall be composed of the same members of
the Local Council for the Protection of Children.

The Local Chief Executive shall convene the Council within two (2) months from the
effectivity of this Ordinance. The Council shall meet once a month or as often as necessary in
the performance of their functions. They may also add members as deemed necessary for the
effective functioning of the council.

Section 10. Functions of the Council — The Council shall have the following responsibilities:

Monitor and document cases of OSAEC in the City;

Coordinate with local agencies and non-government organizations to immediately
respond and address the issues and problems attendant to OSAEC;
Develop mechanism to ensure timely, coordinated and effective response to cases of
OSAEC;
Encourage and support local government units initiatives which addresses OSAEC;
Recommend the cancellation of licenses of establishment, which violate the provisions of
this ordinance and ensure its effective prosecution;
Undertake an information campaign against OSAEC through the establishment of an
Information and Education Team;
Recommend the services for the prevention, rescue, recovery, rehabilitation and
reintegration support to victims of OSAEC;
Strengthen, activate and mobilized committees and organizations and specials bodies in
the barangay level to prevent and suppress OSAEC;
Recommend the utilization of funds appropriated under this ordinance to the City Budget
Office;
Conduct information campaign- capacity building;
Establish international linkages and develop proper foreign coordination;
Exercise all the powers and perform such other functions necessary to attain the purpose
and objectives of this Ordinance.

Section 11. Secretariat — The Department of Social Services and Development Office (DSSD)
shall serve as the Secretariat of the Council and for this purpose shall assign a
City Ordinance No. 1077
August 7, 2024 Page 8

permanent/detailed social worker, particularly assigned to OSAEC concerns, to perform the

following functions;

i. Facilitate the regular and special meetings of the Council once a month or as may be
necessary in the performance of its mandate under this Ordinance;
ii. Receive communication, concerns and complaints and coordinate with the Council
members or pertinent local agencies to address the same;
ii. Coordinate with agencies in the performance of the Council's functions;
iv. Coordinate with the Regional Network of Care for technical assistance and services
responsive to the needs of OSAEC survivors and their non-offending families;
v. Consolidate and submit regular reports to the Council in relation to its functions;
vi. Perform such other functions as the Council will assign.

Section 12. Programs for Victims of Child Sexual Abuse or Exploitation — The Council shall
develop and implement the necessary programs that will prevent any form of child sexual abuse
or exploitation, as well as protect, heal and reintegrate the child into the mainstream of society.
Such programs shall include but not limited to the following:

1. Provision of mandatory services including counselling, free legal services, medical or

psychological services, livelihood and skills training and educational to the
assistance
child pursuant to Section 8 of this Ordinance;
2. Sponsorship of a national research program on any form of child sexual abuse or
exploitation and other acts covered by the law and the establishment of a data collection
system for monitoring and evaluation purposes;
3. Provision of necessary technical and material support services to appropriate government
agencies and non-governmental organizations (e.g Mostly financial support for training,
needs of MDTs and network of care);
4. Sponsorship of conferences and seminar to provide venue for consensus building
amongst the public, the academe, government, nongovernmental and international
organizations including the regional network of care;
5. Promotion of information and education campaign;
6. Survivor Empowerment, Leadership Development, Advocacy and Participation; and
7. Establishment of a survivor network and local survivor support group.

As assessed and recommended by the local social worker, the programs mentioned above shall
also be provided to immediate family members of the child victim ONLY when they are not the
offending party and that there is no indication of bias in favor of the perpetuator.

Section 13. Multi-disciplinary Case Management. In the handling and management of cases
of child victims, the approach should be multi-disciplinary, and a multi-disciplinary case
conference (MDCC) shall be conducted.

a. Multi-disciplinary Case Management brings together more than two groups of disciplines
or professionals from different backgrounds and specializations and areas of expertise to
organize and carry out work to address the holistic needs of the child survivor (and his/her
family). It is a collaborative process of assessment, planning, implementation and review.

|
City Ordinance No. 1077
August 7, 2024 Page 9

(e.g law enforcers, social workers; from the local and from the residential facility,
psychologist, teachers and etc).

Multi-disciplinary Case Conference (MDCC) is a forum by which professionals having a

b.
major role in the handling of online child abuse and exploitation cases can share their
professional knowledge, information or concern on the child(ren). The case conference
analyzes risks and recommends actions to be taken in relation to the welfare planning of
the child(ren) and the family. All the information and discussions would be kept
confidential.

Section 14. Trainings — Regular trainings and seminars shall be held to enable the members of
the Council to function efficiently. Similar trainings shall also be provided to the following officials
and volunteers for the purpose of equipping them with the necessary knowledge and skills to
prevent and suppress OSAEC in their area of jurisdiction or to assist in the monitoring,
investigation and prosecution of cases of OSAEC:

(i) Law enforcement officials

(ii) Social workers
(iii) Teachers and parents
(iv) Barangay based volunteer groups such as women and youth groups.
(v) Child Development Workers
(vi) Barangay Council for the Protection of Children
(vii)Other stakeholders.

Section 15. Trauma-Informed Care for Frontliners — In partnership with medical authorities
and educational institutions, a program for counselling and stress management shall be
developed for social workers and other frontline OSAEC responders.

Section 16. Establishment of a Healthy and Child Friendly Space — Through this ordinance,
Unity shall establish a Local Child Protection and Response Center
the Local Government
(LCPRC) that shall serve as a refuge for child victims in general. It shall provide for:

a. Temporary shelter for abused children

b. Interview rooms
c. Office for the City Local Council for the Protection of Children and its Secretariat

i. The LCPCR shall be provided with adequate personal and administrative staff to effectively
serve the best interest of children.

ii. The LCPCR shall also serve as an assessment center shall serve as to address the gap in the
provision of comprehensive and timely assessments for OSEAC survivor placement as the basis
for other partners in the Network of Care to provide case management.

a. The primary role of assessment centers is to provide a safe and temporary home for
newly rescued OSEC survivors where they can receive specialized services and support
for the start of their recovery.
City Ordinance No. 1077
August 7, 2024 Page 10

b. The staff of the center are composed of a team of professionals (social worker,
psychologist, counselor, medical doctor, and nurses) and paraprofessionals (house
parents, security personnel and administrative support staff) who provide critical care,
specialized services and comprehensive assessment to newly rescued OSEC survivors.
These staff members are expected to intentionally care for the children during their whole
stay in the assessment center whilst employing trauma-informed care to support survivors
in the recovery and development of attachment skills.

c. Concurrently, a case management team composed of the center social worker,

psychologist, nurse and medical doctor, alongside a law enforcement officer and lawyer,
are designated to complete an individualized assessment of the child and his/her family.

d. The critical assessments undertaken at the center include, but are not limited to:
psychological assessment; medical assessment; psychosocial assessment and; family
assessment. The comprehensive assessments of the child and his/her family are critical
in determining the permanency plan for the child, be it reunification with relatives or
reintegration through other avenues such as: foster care; independent living; or adoption.

e. Through this center, the process of transitioning a child to a permanent placement option
is expected to be fast-tracked rather than extending the child's stay long-term inside the
shelter.
f.
In the absence of a LCPCR or its equivalent center, a specific room in the LGU shall be
established in accordance with the requirements of a child friendly space that shall serve the
purpose of promoting the best interest of child victims.

Section 17. Video In-Depth Interview (VIDI) of the Child — to facilitate the proper assessment of
the survivor and further support the prosecution of OSAEC Cases, there should be established at
least one (1) room specifically designed to conduct VIDI pursuant to Rule 28 and 29 of the Rules
on the Examination of the Child Witness. Considering the requirements of a Child Friendly
Space, the room shall be adequately established with the proper personnel and equipment such
as but not limited to one-way mirrors, cameras, recorders, etc.

In the absence of a LCPCR, or a fully equipped facility or room, the VIDI may be conducted in
the room assessed by the social worker to be fit for child interview pursuant to the requirements
of a child friendly space, with a VIDI Mobile Kit.

There shall also be established a multi-disciplinary team (MDT) that shall conduct VIDI on the
child composed of the following: social worker, properly trained police officer/investigator,
psychiatrist/psychologist/licensed physician. The MDT shall be adequately trained in conducting
VIDIs to ensure that they have a child protective mindset and that evidence derived from the
same will be admissible in Court.

Section 18. VIDI Mobile Kit — The Local Police Station, Local Social Welfare and Development
Office and the LCPRC shall be provided with VIDI Mobile Kits which shall be comprised of the
following:
City Ordinance No. 1077
August 7, 2024 Page 11

1. Video Camera with Charger and Case

2. Tripod
3. Laptop with Charger and Case
4. Storage Media (SD Card and Flash Drives)
5. Extension Cord
6. Forms and Support Documents Folder
Informed Consent Form
Handling Log Sheet
Interview Guide and Script
Sample Joint Affidavit of Interviewer and Social Worker
Poooco
Blank Acknowledgment Receipts

Section 19. Local Anti-OSAEC Prevention and Awareness Programs — There shall be
established a robust prevention and awareness program involving all sectors in the community to
combat OSAEC. The Local Government shall declare a day in September as Anti-OSAEC Day to
increase awareness against the crime, and in line with the celebration of Family Month.

Section 20. Applicability of Other Relevant

National Law and Legal Principles — The
provisions of R.A. No. 11862, R.A. 11930, R.A. 9775 and other relevant laws shall be applied in
cases pertinent to (i) duties of internet content host, (ii) Confiscation and Forfeiture of the
Proceeds, Tools and Instruments Used in Child Sexual Abuse or Exploitation, and (iii) Duties of
an Information and Communication Technology Service Provider (ICT SP).

More importantly, the confidentiality of all proceedings and the privacy of the child shall be given
utmost protection pursuant to existing laws, rules and regulations.

Section 21. Penalties — Without prejudice to penalties and fines as may be provided by other
relevant laws, the following penalties for violations of any provisions of the Ordinance are hereby
imposed as follows:

a. First Offense: The offender violating the Ordinance shall be penalized with a fine of Three
Thousand Pesos (Php 3,000.00) and undergo a mandatory OSAEC Seminar;
b. Second Offense: The offender violating the Ordinance shall be penalized with a fine of
Four Thousand Pesos (Php 4,000.00) and undergo a mandatory OSAEC Seminar; and
c. Third Offense: The offender violating the Ordinance shall be penalized with a fine of Five
Thousand Pesos (Php 5,000.00) and undergo a mandatory OSAEC Seminar and
imprisonment.

Business establishments found to have violated any of the provisions of this Ordinance shall be
subjected to suspension (1st and 2nd offense) or revocation (3rd offense and more) of business
permits.

This Ordinance shall not preclude the prosecution of a case under Republic Act No. 11930 or the
AntiOSAEC Law by the Department of Justice National Prosecution Office, which shall have
control over whether to file an OSAEC Offense under this Ordinance or the Law. It should be
noted, however, that Section 21 of Article Ill of the Philippine Constitution states that “if an act is
City Ordinance No. 1077
August 7, 2024 Page 12

punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.”

Section 22. Funding — A minimum annual amount of Five Hundred Thousand Pesos
(500,000.00 Php) shall be allocated for the expenses for implementation of this Ordinance.

The operation and activities of the Council and establishment of the LCPRC shall be
considered as related to gender and development projects of the City and the funding therefore
shall be part of the 5% gender and development fund for every year.

The funding, however, shall not be limited to the abovementioned source for so long as
other sources may be available as permitted by law.

Partnership with NGOs, CSOs, and private enterprises/individuals is encouraged for the
implementation of the Ordinance.

Section 23. Repealing Clause — The provisions of previous local enactments, resolutions,
memoranda, circulars, and other issuances inconsistent with this Ordinance are hereby repealed
or modified accordingly.

Section 24. Separability Clause — Should any portion of this Ordinance be declared ultra vires
or unconstitutional by competent authority, the remainder not so affected shall continue to be in
full force and effect as it is susceptible to enforcement and application.

Section 25. Effectivity. This Ordinance shall take effect upon its approval, fifteen (15) days after
its publication in a newspaper of general circulation in the City.

CARRIED BY THE VOTE OF:

Affirmative:
Councilors: Jude Thaddeus A. Sayson, Israel P. Salanga, Cindy T. Rojas, Em L.
Ang, Vladimir S. Gonzalez, Al Victor A. Espino, Jason Isidro 8
Villarosa, Claudio Jesus Raymundo A. Puentevella, Simplicia Z.
Distrito, Celia Matea R. Flor, Psyche Marie E. Sy, Danna Marie C.
Barzo.

Negative: None.

Absent: None.

Official Leave : Councilor Lady Gles Gonzales-Pallen.

Official Travel: None.

Main Author: Councilor Celia Matea R. Flor .

City Ordinance No. 1077
August 7, 2024 Page 13

Co-Authors : Councilors Al Victor A. Espino, Jude Thaddeus A. Sayson, Cindy T.

Rojas, Em L. Ang, Vladimir S. Gonzalez, Renecito S. Novero, Jason
Isidrio S. Villarosa, Claudio Jesus Raymundo A. Puentevella, Simplicia
Z. Distrito, And Psyche Marie E. Sy

Passed : August 7, 2024 (110% Regular Session of the 11" Council).

Comments: Passed.
Councilor Renecito S. Novero was not around when this City
Ordinance was passed.

EL 3 1 N
Vice Mayor
Presiding Officer
ATTESTED:

ATTY. TPETIERRE |
Secretary to the Sanggunian

APPROVED: _Au cust 19,2029 ALFREDQ ABELARDO B. BENITEZ

City Mayor A

VCP/CGT lit SP LEGISL ATR

SERVICES SECTION
OTE: Aged fy Tina: 2.04

“A CERTIFIED PHOTOCOPY
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 Republika Ng Pilipinas
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
Lungsod ng Bacolod

CERTIFICATION

This is to certify that CITY ORDINANCE NO. 1077 passed by the Sangguniang
Panlungsod of the City of Bacolod on August 7, 2024, entitled:

AN ORDINANCE PROHIBITING ACTS OF ONLINE SEXUAL ABUSE AND

EXPLOITATION OF CHILDREN (OSAEC) IN BACOLOD CITY WITH CORRESPONDING
PENALTIES, THEREAFTER PROVIDING A SUPPORTIVE ENVIRONMENT FOR THE
SURVIVORS, AND PROVIDING FUNDS THEREOF.

was published in Negros now Daily on September 13, 2024 and posted on September 10, 2024
in the following conspicuous places in the City of Bacolod, to wit:

1 Bulletin Board of the Sangguniang Panlungsod

2" Floor Bacolod City Government Center
Old City Hall (Araneta-Luzuriaga Streets)
Bacolod Public Plaza
City Health Office
Hall of Justice
North (Burgos) Public Market
South (Libertad) Public Market
PNOOR®N
Central Market

Bacolod City, Philippines, September 16, 2024.

ATTY. VICE RRE Ili

Secreta ay ggunian—7.2

VCPI/Iit
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