Friday, August 12, 2005

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Binuo ang KONTRA-BUSAL noong 1999 upang tutulan ang paggaga sa malayang pamamahayag ng rehimeng Estrada. ito'y binubuo ng mga indibidwal na artista't manunulat at mga manggagawang pangkultura na naniniwalang ang lahat ay may karapatang magpahayag ng kani-kanilang opinyon at pananaw sa pamamagitan ng anumang pormang sining. In addition, naniniwala rin ang mga miyembro nito na "art is a weapon 4 social change".

Ngayong 2005, sa ilalim ng rehimeng GMA, ang buong mamamaya'y di lamang nakakaranas ng pang-ekonomyang pagsasamantala. Umiigting ang pampulitikang panunupil ng rehimen at ang tumitinding paggaga nito sa malayang pamamahayag, hindi lamang sa sektor ng mga artista't manunulat kundi pati sa mga mamamahayag ay dapat nang agresibong tutulan. Muling bubuuin ang KONTRA-BUSAL. isang alyansa ng mga artista't manunulat, mamamahayag at mga manggagawang pangkultura na naniniwalang ang lahat ay may karapatang magpahayag ng kani-kanilang opinyon at pananaw KAHIT na ito'y "unorthodox or even hateful to the prevailing climate of opinion".--philippine supreme court ruling-- Naniniwala rin ang alyansa na ang karapatang ito'y may kaakibat na responsabilidad. Responsabilidad na dapat pagsilbihan, hindi ang sarili o ang iilan, kundi ang mas nakararami, ang sambayanan.

No Need for Anti-Terror Bill

If only the government of the Philippines would enact laws on
conventions that the country is treaty-bound to comply with, there
would be no need to legislate an anti-terrorism bill (ATB). Passing
the ATB will only replicate existing international humanitarian laws
and laws on crimes against humanity, a UP law professor says.

BY DABET CASTAÑEDA
Bulatlat

Several treaties and conventions already signed by the Philippines in
past years are more than enough to cover so-called terrorist acts thus
making the proposed anti-terrorism bill (ATB) now in Congress
redundant.

A University of the Philippines law professor who testified at the
recent House Committee on Justice hearing on the ATB said Congress
only needs to enact enabling laws to implement the treaties that
government is duty-bound to implement without even passing the
proposed ATB.

Harry Roque, professor of Public International Law at the UP College
of Law, in his attestation to the committee hearing on Aug. 3 proposed
to enact the country's treaty obligations specifically relating to the
Geneva Conventions of 1951, additional protocols as well as the rules
on the means and methods of warfare, and possibly a legislation to
implement crimes against humanity as they exist in customary law.

Crimes against humanity, as defined by the United Nations
International Crimes Tribunal for the Former Yugoslavia (ICTFY) and
the UN tribunal for Rwanda, are widespread or systematic attacks
against civilian population.

No enabling laws

Roque, who is also a member of the prosecution team in connection with
the impeachment complaint against President Gloria Macapagal-Arroyo at
the House, cited specific treaty obligations that the country has
signed for which no enabling laws have been enacted. These include the
various conventions on torture, genocide, against the taking of
hostages, the physical protection of nuclear materials, on the
suppression of unlawful acts against the safety of fixed platforms
located at the continental shelf, on the marking of planting
explosives with the purpose of detection, on the suppression of
terrorist bombings and on the suppression of financing terrorism.

"We are parties to these conventions and we are duty-bound to enact
local enabling legislations to such," he said.

Roque told the committee, chaired by Rep. Simeon Datumanong (second
district, Maguindanao), also said these existing laws and norms in the
international community are adequate enough in dealing with what is
known today as "modern-day terrorism."

A bill specifically dealing with terrorism is not needed for the
simple reason that even the international community has not precisely
defined "terrorism," he said.

Roque's attestation prompted some members of the justice committee to
suggest that they wait for the UN to provide an accurate definition of
terrorism by September.

Rep. Rozzano Rufino Biazon (lone district, Muntinlupa) also suggested
that the committee look into the laws that are needed to be passed and
that can substitute for the ATB.

The committee is expected to fast track its deliberations on the ATB
as the bill has been certified as urgent by the president after the
Feb. 14 bombings in Makati, the country's financial district.

Meanwhile, the justice committee faces tougher days ahead as it starts
the hearings on the Macapagal-Arroyo impeachment on Aug. 10.

Skirting an agreement

Roque also said that the country needs to legislate on the
international humanitarian law to penalize persons who do not comply
with the Comprehensive Agreement on the Respect for Human Rights and
International Humanitarian Law (CARHRIHL), a rights agreement between
the Government of the Republic of the Philippines (GRP) and the
National Democratic Front of the Philippines (NDFP). The agreement was
signed in 1998.

Revolutionary movements worldwide consider the CARHRIHL a breakthrough
it being the only human rights agreement signed by parties engaged in
a civil war.

However, Roque said the CARHRIHL is "just an agreement in principle to
observe but if any of them would breach the agreement there are no
provisions on how to deal with the breach."

On the contrary, human rights lawyer Edre Olalia said in a separate
interview, that there is such provision as stated in Part 5 of the
agreement. The provision states that both parties shall receive
complaints of human rights and international humanitarian law,
investigate such cases and recommend specific actions toward these.

Olalia, who is also a legal consultant of the NDFP, said that both the
GRP and NDFP have, in fact, created last year the Joint Monitoring
Committee (JMC) to determine if both parties comply with its
provisions. They have set up a Joint Secretariat (JS) which is tasked
to document violations of both parties.

"In principle, there is a system and a structure to address violations
of the agreement. In practice, however, the JMC is being limited to
accepting complaints," Olalia said. Since its operations started, 386
complaints have been filed against military, police, paramilitary and
other agents of the GRP while eight cases have been lodged at the NDFP
Section.

Olalia also said there is no need to legislate laws to ensure
adherence to the CARHRIHL it being a bicameral agreement entered into
by the two belligerent parties in the context of the peace
negotiations. Bulatlat

Thursday, May 26, 2005

NATIONAL COMMISSION FOR CULTURE AND THE ARTS-CULTURE SUMMIT '05 INCIDENT

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Tuesday, May 24, 2005

Concerned Artist of the Philippines

24 May 2005

Dear colleagues,

This is to reiterate that the group of Concerned Artists of the Philippines (CAP) who were at the Culture Summit yesterday are NOT trouble makers and did not go to the venue to disrupt the convention, contrary to what was announced by Ms. Cecille Guidote and Ms. Gigi David to the plenary. Fact is, we were rough handled by KALAHI Arnis martial artists and hotel security personnel and bodily dragged away from the convention hall.

Particular to the claim of Ms. David that she was strangled by one of our artists, our photos will prove that Ms. David was the one who squeezed tight the cheeks of one of our artists. We also take this opportunity to register our indignation over the violence wrought on our physical beings and our right to expression. We were armed only with our props--2 masked and some painted kraft paper, a megaphone and 100 copies of statement. Even if our production is far behind the 6 million-peso budget of the NCCA’s Anti-corruption Conference, we do not deserve savagery, more so one instigated by a culture and arts institution In all honesty, we had planned to do a 5-minute lightning performance during lunch break. The technique is unconventional by mainstream standard, yet the artistry is legit and the messages are sane, analytical and valid.

Our artists went up to the 3rd floor lobby at about 12nn. They quietly put on their costumes and prepared their props, then waited outside the hall for the right timing-- not
during the speeches of speakers; in-between open forum participants.

After a few minutes, I noticed that the usherettes were “reinforced” by 2 arnis artists at the door. I constantly went in and out of the hall to relay to the performers what was going on inside. The waiting took quite awhile as, as much as possible, we would like to come in at a moment when no speaker would be interrupted.

At about 12:55pm, when I came out of the hall, I saw Ms. “Josie” with a hotel security pointing to our performers. At this point, we surmised that we have to make our move. Then Ms. David approached us asking, “Why are you doing this to our country?” She had to repeat the question several times as we were dumbfounded. Could not get the context of her question-- why were we doing WHAT to our country?

When several more hotel security closed in, that gave us the cue. The performers fixed the final touches of their props and prepared to enter the hall. Meanwhile, Ms. David was still at it--“Why are you doing this to our country?” but this time, her arms were raised to the side patintero style. At some moments, she changed dialogs -- “Maawa kayo sa Pilipinas!” (Huh?) “Nakakahiya sa mga foreigners sa loob.” (Now I get it.)

Then, as I gave the signal to “Go!” (not “sugod!” ha, as Ms. David claimed I shouted) -- all at the same time-- the arnis artists and hotel security pushed the group away from the door (closed by this time); grabbed our props; physically dragged us further away; Ms. David collapses by herself.

More security personnel came in; police was called; arnis warriors (this time) joined to support their 2 comrades. Our group held on to each other to protect each other.

Some arnis warriors held something by their hands which looked like flashlight (something hard). Then they gave a sudden strong push and/or pull and/or shove, after which one of our artists got a bloody brow (trauma from a hard object). It also sent our bodies out of balance, hitting and breaking the frames of paintings by the side. They were trying to wrestle our most expensive piece of technical equipment—the megaphone.

All this time, arnis and security personnel received encouragement from people (with NCCA convention ID) who were swarming around us shouting “bakit nyo ginugulo ang convention!” or “hwag nyong guluhin ang convention!” I wanted to freeze the scene and shout straight to their faces—HELLOW!

Obviously, the arnis warriors and security wanted us out of the venue as they were pushing us towards the stairs. No match—our artists are trained in performing arts not martial arts. It was during this time that a hotel security held me by the neck.

When our group was a half-step from the edge of the stair case, more colleagues physically closed in to our ranks, while their shouts of “huwag niyo silang sasaktan,” “pabayaan nyo silang magpahayag” became more aggressive. The relentless support pressured the arnis warriors and hotel security to use their logical senses, enough at least to stop the pushing, loosen their grips and, particular to the arnis warriors, run out of the scene.

The mix of people who were swarming around us by this time was unanimous-- sige, magpahayag na kayo. Presumably artists that they are, they must understand that, right at that moment, under the conditions we were subjected to, performing was not an easy task to do.

Then, Ms. Guidote talked with us about protocol and offered us a performance slot after the presentation of Anatomiya ng Korapsyon that evening. Obviously, she missed the strategy of our artistry.

She left us with Ms. Malou Jacob to talk more on the incident and its precedent. No problem with this as we maintain a warm and cordial relationship with Ms. Jacob. What was objectionable is that Ms. Guidote left us to go back to the session hall and announce to the body that CAP artists were trouble makers wanting to disrupt the convention.

True-- our position on corruption and culture are at opposite poles with those that the NCCA convention and the GMA administration espouse. This can be summarized as:
Corruption is not the cause of poverty. It is the country’s neocolonial ties with the US that is keeping the country underdeveloped.
The corruption-riddled scandal GMA administration has no moral authority to initiate anti-corruption drives; and
No anti-corruption drive which is initiated with the government will succeed because how political and economic power is gained and maintained is at the root of corruption.

Why did the NCCA prevent us from expressing these? At this point, I can only think of no. 3.

We trust in your understanding and continuous solidarity.
Thank you.

Sincerely,


Julie L. Po
Secretary general

CULTURE AND CORRUPTION

"How the media figure in the cultural equation is
something for metaphysics to unravel. In fact, the
summit seems too amorphous with its concerns --
corruption, poverty, pollution and violence -- as to
become too ambitious and messianic and thus prone to
lack of focus, distracted attention and dissipated
efforts."


This story was taken from www.inq7.net
Editorial : Culture and corruption

, May 23, 2005
Updated 10:19pmam (Mla time)

Inquirer News Service


THE CULTURE Summit organized by the National
Commission for Culture and the Arts (NCCA) is playing
to a packed audience of cultural workers at the Manila
Pavilion Hotel, but with hardly any fanfare or even
interest among the public and the media. The surprise
is that the media are pretty much in the consciousness
of the organizers, who decided on its theme, "The
Power of Arts and Media Education in Breaking the
Cycle of Corruption and Poverty."

How the media figure in the cultural equation is
something for metaphysics to unravel. In fact, the
summit seems too amorphous with its concerns --
corruption, poverty, pollution and violence -- as to
become too ambitious and messianic and thus prone to
lack of focus, distracted attention and dissipated
efforts.

Definitely the media's partnership with culture and
the arts in raising awareness about corruption and the
need to combat it is not debatable. Nobody would argue
against the need for a war on corruption. In fact, the
NCCA is perhaps the first government agency to come up
with a summit as a response to the agenda of President
Gloria Macapagal-Arroyo to stem corruption. For this,
credit should go to new NCCA Chair Ambeth Ocampo and
Executive Director Cecile Guidote-Alvarez.

But artists and cultural workers have reason to be
wary about any campaign against corruption led and
waged by the government, which, after all, is the
playground of the corrupt. This is not to say that the
government is totally corrupt. But if the President
and her men want to stamp out corruption, their wish
is their command. The solution is in their hands
because they -- or at least some of them -- are part
of the problem.

To be sure, in their preoccupation with the expressive
and the beautiful, artists and cultural workers
participate in the battle against corruption. Artists
provide visions of beauty and a purer world; they limn
an idealistic landscape and a purer environment that
all people could aspire to. In comprehending the
reaches of that beautiful vision painted by the
artist, people would thus be emboldened to fight
anything that would sully or pollute it. The artist is
the enemy of the corruptor whether or not fighting
corruption is part of the agenda of a sitting
president.

Therefore, for artists and cultural workers to take on
the agenda of the President to combat corruption may
risk co-opting the same people who fight corruption
through their pen, brush, kinesis, or expressive
instrument.

The danger is rife for the NCCA, which is unique among
government agencies for having volunteers and
private-sector participants. It is made up of 22
national committees covering the arts, cultural
education, cultural communities and cultural heritage.
The committees are mainly made up of volunteers and
leaders of different art and culture sectors. They are
understandably wary about any government attempt to
engage the arts and culture regime in the fight
against graft. They fear co-optation, and the fear is
legitimate.

Presidential sincerity

IN THE END the success of the war on corruption
depends on the sincerity of the Arroyo administration.
The arts and culture regime can only do so much in
raising awareness about the corruption. If the
administration doesn't deliver, then not all the
summitry in the world can stamp out the scourge.

But is the President really sincere? After several
postponements of the summit to accommodate the
President's tight schedule, after the NCCA leadership
formulated a summit program that looks too
complementary to the President's agenda, the word from
Malacañang is that she would not be able to make an
appearance at the event. Worse, Malacañang could not
even host the awarding of the Gawad Manlilikha ng
Bayan, the state awards for traditional or folk
artists. The awarding has been put on hold since
February because of the President's hectic schedule.
In the meantime, Darhata Sawabi, the Tausug weaver of
Sulu and one of the awardees, has died.

The President could find time to have photo
opportunities with Jerry Yan, the Viva Hot Babes,
Regine Velasquez and the latest show-biz freak, but
she has to defer meeting with artists and cultural
workers who are at least being polite and open to her
agenda for good government. At the very least, this
betrays her artistic preference, if not her management
style and priorities.

©2005 www.inq7.net all rights reserved

Wednesday, May 18, 2005

HOUSE BILLS ON CENSORSHIP

INTRODUCTION
by Pete Lacaba
plaridel.com
February 20, 2005

Five bills have been filed in the House of Representatives and are scheduled
for deliberation by the House committee on public information. The
committee, chaired by Cavite Representative and former broadcast reporter
Gilbert Remulla, will hold a public hearing to discuss the bills on
Tuesday, February 22, 2005, at 1:30 p.m., at Conference Room 5 of the R.V.
Mitra building, Batasan compound, Quezon City.

The following are the bills under consideration:

1. HB 445 - An Act Prohibiting the Publication of Lewd Photographs and Sex
Stories and Articles in Tabloid and Broadsheet Newspapers, Providing
Penalties Therefore and for Other Purposes (by Reps. M. E. Zamora, Codilla)

2. HB 2838 - An Act-Providing for the Creation of Local Print Media
Monitoring Board in All Municipalities and Cities, to Prevent the
Proliferation of Obscene Publications and for Other Purposes (by Rep.
Jaworski)

3. HB 1278 - An Act Prohibiting the Publication, Sale or Distribution,
Production, Importation and Exhibition of Obscene and Pornographic Materials
and the Demonstration, Performance or Exhibition in Public Indecent and
Sexual Acts and Providing Penalties for Violation Thereof (by Rep.
Villanueva)

4. HB 2031 - An Act Prohibiting the Publication, Sale, Distribution,
Importation and Exhibition of Obscene and Pornographic Materials and the
Performance or Exhibition of Indecent Acts in Public and Providing Penalties
for the Violation Thereof (by Reps. Buhain & Cayetano)

5. HB 2887 - An Act Prohibiting and Penalizing the Production, Printing,
Publication, Importation, Sale, Distribution and Exhibition of Obscene and
Pornographic Movies and Materials, and the Exhibition of Live Sexual Acts,
Amending for the Purpose Art. 201 of the Revised Penal Code (by Rep. Abante,
Jr.)

These are purportedly anti-pornography bills, but in essence they are
censorship measures that seek to provide government with prior-restraint
powers not only over the print media, but also over the "demonstration,
performance or exhibition in public" of works deemed to be pornographic,
obscene, indecent, or immoral. In effect, they would establish a government
superbody similar to the Movie and Television Review and Classification
Board--but one that would have authority over newspapers, magazines, books,
theater, and even art galleries.

The solutions that the new House bills offer are a throwback to the
martial-law period, during which we had the unlamented Print Media Council
and the Bureau of Standards for Mass Media, and during which there was also
an attempt to expand the powers of the film-and-television censorship board
to include "live entertainment." Even the martial-law regime was forced to
abolish the Print Media Council and the Bureau of Standards for Mass Media
at some point, and it had to back out of the attempt to clamp down on live
entertainment, in the face of strong opposition from concerned journalists,
artists, and cultural workers.

It seems to me that these new House measures are in violation of the clear
and categorical provision in our present Constitution that "no law shall be
passed abridging freedom of speech, of expression, and of the press."

They also go against the Philippine Supreme Court's ruling (in the Kapit sa
Patalim case, applicable not only to film but to all media of mass
communication) that "freedom of expression is the rule and restrictions the
exemption. The power to exercise prior restraint is not to be presumed,
rather the presumption is against its validity." In this same decision, the
Supreme Court stressed that the constitutional guarantees on freedom of
expression are not limited to the expression of safe and acceptable ideas,
but also extend to "unorthodox ideas, controversial ideas, even ideas
hateful to the prevailing climate of opinion."

One of the bills under consideration says in all seriousness: "Go also
believes in ART. But He created art for His HONOR and GLORY, hence, God's
art must reflect His beauty, His perfection, His goodness and His Holiness.
So-called art that runs counter to these criteria should be considered
IMMORAL. So-called 'art' that actually sparks and fuels the depraved evil
nature of human being is no art at all and should be declared IMMORAL and
ILLEGAL."

I don't know if the guy is taking the name of the Lord in vain. But to his
diatribe--reminiscent of the book-burning rhetoric of the Inquisition and
restrictive dicta of the Index Librorum Prohibitorum (Index of Prohibited
Books)--we must counterpose the views of Fr. Joaquin Bernas, SJ, priest,
lawyer, and respected constitutionalist:

"Law enforcement does not cover the entire spectrum of morality. A basic
principle of jurisprudence is that morals and law are differentiated in
character and are not coextensive in their functions. It is not the task of
the legislator to forbid everything that the moral law forbids or to command
under pain of punishment everything that the moral law commands."

ANU-ANO ANG MGA PANUKALANG BATAS NA DAPAT BANTAYAN AT/O TUTULAN?

 

The Concerned Artists of the Philippines is currently a member of the Technical Working Group that deliberates on HB 310 (Rep. Imee Marcos) and HB 386 (Rep. Roselle Barinaga). These are bills that propose to repeal Presidential Decree 1986 which created the Movie & Television Review & Classification Board (MTRCB). Amongst others, these bills plan to "classify as 'X' (which is "tantamount to a ban on a film's theatrical distribution") the motion pictures and materials, that in the judgment of MTRCB, clearly undermines the faith & confidence of the people in their government, and/or the duly constituted authorities". The bills also seek to put up a Managing Board in the MTRCB, all of whom shall be appointed by the President. Very fishy, indeed! That is why, after consultations with  cultural workers from the academe, film industry and cultural government institutions, the office of Bayan Muna Rep. Teddy Casino filed an alternative bill (HB 4080) that also proposes to repeal PD 1986 minus the fishy 'X' classification. In its stead is the use of the Miller's Doctrine as a test of obscenity and criteria for 'X' classification. The composition of the Managing Board in HB 4080 is specified as heads of the government institutions of cultural, artistic and educational concerns.

 

Bukod sa MTRCB Reorganization Bills na ito, may mga anti-SMUT, actually CENSORSHIP bills sa kongreso na dapat nating bantayan sapagkat maaaring sa umpisa'y kampanya ito laban sa pornograpiya..ang susunod na kabanata'y pampulitikang panunupil na pala. ito ay ang mga sumusunod:

 

HB 2887 (Rep. Bienvenido M. Abante Jr.): " An Act Prohibiting & Penalizing The Production, Printing, Publication, Importation, Sale, Distribution & Exhibition of Obscene & Pornographic Movie & Materials & The Exhibition of Live & Sexual Acts, Amending for the Purpose Article 201 of the Revised Penal Code"

 

HB 2031 (Rep. Eileen Buhain): " An Act Prohibitiung the Publication , Sale, Distribution, Importation,  & Exhibition of Obscene & Pornographic Materials & The Performance, Exhibition of Indecent Acts in Public and Providing Penalties for the Violation Thereof & for Other Purposes."

 

HB 1278 (Rep. Emmanuel Joel Villanueva): "An Act Prohibitiung the Publication , Sale,  or Distribution, Production, Importation,  & Exhibition of Obscene & Pornographic Materials & The Demonstration, Performance, Exhibition in Public Indecent  and Sexual Acts and Providing Penalties for Violations Thereof "

 

HB 2838 (Rep. Robert Jaworski Jr.): "An Act Providing for the Creation of Local Print Media Monitoring Board in All Municipalities and Cities, To Prevent the Proliferation of Obscene Publications and for Other Purposes"

 

HB 445 (Rep. Manuel Zamora): "An Act Prohibitiung the Publication of Lewd Photographs and Sex Stories and Articles in Tabloid and Broadsheet Newspapers, Providing Penalties Therefore and for Other Purposes "

 

Ang mga anti-Smut Bills  sa senado ay ang:

SB 480 (Sen. Sergio Osmena)

SB 753 (Sen. Manuel Villar)

SB 877 (Sen. Jinggoy Esrada)

SB 1186 (Sen. Ramon Magsaysay)

all of which variously call for the prohibition of the publication, sale, distribution,demonstration, performance, exhibition of lewd, indecent and pornographic materials and acts.

 

We really have to be vigilant in this particular campaign because it already happened to us once (remember the landmark case of Lino Brocka's Kapit Sa Patalim?). Do we want this to happen again?!

 

There are also 4 Bills seeking to regulate naman the showing of advertisements featuring sex & violence: HB 1294 (Rep. Darlene Antonin- Custodio)

                 HB 1623 (Rep. Rep. Roseller Barinaga)

                 HB 1891 (Rep. Glenda Ecleo)

                 HB 2006 (Rep. Catalino Figueroa)

 All supposedly ," in order to further protect children and curb the exploitation of women".

 

Recently, Rep. Gilbert Remulla announced that he would file a bill proposing to criminalize the act of spreading chismis thru text. This clearly is a violation of the people's rights to privacy and the right to freedom of _expression. We are thinking of including this in the campaign.  We are still verifying if he did file one.

House Bill No. 2838 Introduced by Hon. Robert "Dodot" Jaworski, Jr.

House Bill No. 2838 Introduced by Hon. Robert "Dodot" Jaworski, Jr.

REPUBLIC OF THE PHILIPPINES
House of Representatives

Thirteenth Congress First Regular Session

House Bill No. 2838 Introduced by Hon. Robert "Dodot" Jaworski, Jr.

EXPLANATORY NOTE

The proliferation of obscene materials may be attributed to the lack of local agencies, which monitor, initiate prosecution and receive complaints for violations of our law on obscenity. It has been observed that local enforcement agencies have not always been consistent in their campaigns against these obscene materials, which are practically available to anyone. And despite the seasonal campaigns of local enforcement agencies, particularly in the National Capital Region, we are yet to see people behind the proliferation of obscene materials prosecuted and dealt with accordingly by law.

The revised Penal Code in Article 201 paragraphs 2 and 3 imposes a penalty of prision correctional and fine to the Authors, editors, owners of the establishment responsible for the dissemination of obscene materials. Sufficient in form and substance, this provision of the law is, however, often ignored by those who find it worthy to desecrate the society's morality in exchange for gainful profits.

These local agencies will monitor all periodical publications, being published, sold and otherwise distributed in their respective jurisdiction; receive complaints from their constituents; initiate the prosecution and recommend the cancellation of business permits of establishments, for violations of the law on obscenity.

The early passage of this bill is earnestly sought.



House Bill No. 2838 Introduced by Hon. Robert "Dodot" Jaworski, Jr.

AN ACT PROVIDING FOR THE CREATION OF LOCAL PRINT MEDIA MONITORING BOARD IN ALL MUNICIPALITIES AND CITIES, TO PREVENT THE PROLIFERATION OF OBSCENE PUBLICATIONS AND FOR OTHER PURPOSES

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

SECTION 1. Title - This Act may be cited as the "Local Anti-Smut Campaign Act of 2004."

SEC. 2. Declaration of Policy. - it is hereby declared the policy of the State to protect its people especially the youth and women from immoral, obscene and pornographic materials for their physical, moral, spiritual, intellectual and social well-being.

SEC. 3. Local Print Media Monitoring Board-There is hereby created in every municipality and city of the country a Local Print Media Monitoring Board which shall:

(a) monitor all the periodical publications being distributed, disseminated, sold and made available within their respective jurisdiction;

(b) seek the assistance of local enforcement agencies to identify the publishers and persons responsible for the publication and proliferation of obscene materials;

(c) initiate the prosecution of all persons involved for violations of Article 201 of the Revised Penal Code as amended, and other related laws;

(d) receive complaints from its constituents regarding the proliferation of obscene materials within its jurisdiction and act accordingly on such complaints;

(e) recommend the cancellation of the business permits of those found violating the provisions of this Act, the provisions of Article 201 of the Revised Penal Code as amended, and related laws;

(f) perform such other acts necessary to carry out the objectives of this Act.

SEC. 4. Composition of the Local Print Media Monitoring Board. ­ The Local Print Media Monitoring Board (hereafter referred to as "the Board") shall be composed of the Municipality/City Mayor as it ex-officio Chairman, the Municipal/City Legal Officer as its ex-officio Secretary, the President of the liga ng mga barangay, the President of the pambayang pederasyon ng mga sangguniang kabataan, and a representative from the women sector of the locality as its members. The Board shall meet at least twice a month or as frequently as may be necessary to carry out its functions. Except for the representative from the women sector, no member shall receive additional compensation or emoluments whatsoever for this purpose. The Board may fix, subject to the approval of the local sanggunian, the per diem allowance of the representative of the women sector for every Board meeting actually attended.

SEC. 5. Mandatory Complimentary Copy of All Periodicals Publications. ­ All publishers of periodical publications, including newspapers, tabloids, magazines, comic books, and other similar printed materials, shall furnish all the Local Board complimentary copies of all their publications, where such publications are being printed, distributed, disseminated, sold or otherwise made available to the public, upon the effectivity of this Act.

SEC. 6. Certification of the Local Board. - Business permits of publishers of periodicals shall not be renewed by the local government unit concerned without the certification of the Board that said publishers complied with the provisions of this Act.

SEC. 7. Implementing Rules and Regulations. - The Department of Interior and Local Government shall promulgate the necessary rules and regulations to implement this Act.

SEC. 8. Penalty Clause. - Publishers found to have violated the provisions of Section 5 hereof shall be imposed a fine of not less than Twenty Five Thousand Pesos (P25,000.00) but not exceeding One Hundred Thousand Pesos (P100,000.00). The local government unit concerned may, upon the recommendation of the Board, suspend the business permit of the publisher, who fails to comply with the provisions of Section 5 hereof.

SEC. 9. Separability Clause. - should any part or provision of this Act is declared invalid or unconstitutional for any purpose, none of the other parts or provisions not otherwise affected shall remain valid and subsisting.

SEC. 10. Repealing Clause. - All laws, executive orders, decree, instructions, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.

Approved,

[Non-text portions of this message have been removed]

House Bill No. 2887 Introduced by Honorable BIENVENIDO M. ABANTE, JR. House Bill No. 2887 Introduced by Honorable BIENVENIDO M. ABANTE, JR.

Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City

THIRTEENTH CONGRESS First Regular Session

House Bill No. 2887 Introduced by Honorable BIENVENIDO M. ABANTE, JR.

EXPLANATORY NOTE

Jesus Christ declared that whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart (Matthew 5:28). If indeed our country is the ONLY (so-called) CHRISTIAN country in Asia, and if therefore we are TRUE BELIEVERS in Him, then we must submit to the Biblical injunction to:

GLORIFY GOD in our BODY and in our SPIRIT which are God's, for we are bought with a price (I Corinthians 6:20); do all things DECENTLY and in order (I Corinthians 14:40); and abstain from FLESHLY LUSTS which was against the SOUL (I Peter 2:11). Perhaps it is in this context that the Fundamental Law of our land declares that the State VALUES the DIGNITY of every HUMAN PERSON and shall PROMOTE the MORAL, SPIRITUAL and SOCIAL well-being of the youth, and has MANDATED Congress to give HIGHEST PRIORITY to the enactment of measures that PROTECT and ENHANCE the RIGHT of all the people to HUMAN DIGNITY. The Constitution even mandates educational institutions to STRENGTHEN ETHICAL and SPIRITUAL VALUES and DEVELOP MORAL CHARACTERS.

WE are living witnesses to broken homes and families, shattered dreams of parents and children, rising crimes against persons and chastity, unwarranted and/or early pregnancies, abortions, child abuse, and utter lack of respect to human values and dignity. The moral fibers of our society continue to disintegrate, and OBSCENITY and PORNOGRAPHY have greatly contributed to these ills of society. We must come back to a society where we have a moral foundation to stand and where the law is respected and obeyed.

A 13-year old girl got pregnant because she and her 14-year old boyfriend discovered her father's cache of pornography and they imitated the sexual acts portrayed in these materials. Studies showed that high percentage of high school students are actually doing sexually what they had seen in pornography. This only shows the "modeling" effect or "imitating-learning" effect as well as "triggering" effect that pornography has on human sexual behavior. Studies likewise showed that people exposed to pornography have greater acceptance of pre- and extramarital sex, and an enhancement of the belief that male and female promiscuity is natural. Further studies showed that most sex offenders emulate the acts they saw depicted in pornography and they use pornography depicting sex to arouse them preparatory to seeking a victim.

True, God also believes in ART. But He created art for His HONOR and GLORY, hence, God's art must reflect His beauty, His perfection, His goodness and His Holiness. So-called art that runs counter to these criteria should be considered IMMORAL. So-called "art" that actually sparks and fuels the depraved evil nature of human being is no art at all and should be declared IMMORAL and ILLEGAL. Nude erotic poses of man and woman do not reflect "art." There is no art in it. Such poses are in reality conceived of to arouse public interest with a view to EARN.

While freedom of speech and of the press guarantees the right to utter and publish whatever one pleases, yet, if for its blasphemy, obscene or scandalous character, the same may be curtailed under the police power of the State to promote the general welfare. Censorship of immoral or indecent pictures is not a violation of such freedom. Obscenity is utterly without redeeming social value, hence, it should be restrained.

Unless we act now with determination and dispatch, our children may no longer be able to recover from the DEVASTATING effect of obscenity and pornography. As the Bible tells us, withhold not good from them to whom it is due, when it is in the power of thine hand to do it (Proverbs 3:17). Let us not be judged by history that we, as legislators of our country, who should be examples of moral values have become apathetic and unconcerned to the cry of our people, particularly the youth, in bringing back moral values to our beloved country.

The immediate passage of this Bill therefore is earnestly prayed for.



HOUSE BILL NO. 2887 Introduced by Honorable BIENVENIDO M. ABANTE, JR.

AN ACT PROHIBITING AND PENALIZING THE PRODUCTION, PRINTING, PUBLICATION, IMPORTATION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC MOVIES AND MATERIALS, AND THE EXHIBITION OF LIVE SEXUAL ACTS, AMENDING FOR THE PURPOSE ART. 201 OF THE REVISED PENAL CODE.

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

Section 1. Title. - This act shall be known as the "ANTI-OBSCENITY AND PORNOGRAPHY ACT OF 2004."

Section 2. Declaration of Policy. - It is the policy of the State to give special value to the dignity of every human person and to promote and safeguard its integrity and the moral, spiritual and social well-being of its citizenry, especially the youth in general and women in particular, from the pernicious effects of obscenity and pornography.

To effectively enforce this policy, the government shall wage a relentless campaign against obscenity and pornography. Likewise, the government shall see to it that educational institutions are complying with their Constitutional mandate to "STRENGTHEN ETHICAL AND SPIRITUAL VALUES AND TO DEVELOP MORAL CHARACTER AND PERSONAL DISCIPLINE." ["Quoted/All-Caps" text found in Matrix. ‹ CSR]

Section 3. Definition of Terms. - As used in this Act, the following terms shall mean:

a.) Obscene. - Anything that is indecent, erotic, or offensive or contrary to good customs or religious beliefs, principles or doctrines, or which tends to corrupt or deprave the human mind, or is calculated to excite impure imagination or arouse prurient interest, or which violates the proprieties of language and human behavior, regardless of the motive of the producer, printer, publisher, writer, importer, seller, distributor or exhibitor, such as but not limited to:

1. showing, depicting or describing sexual acts; 2. showing, depicting or describing human sexual organs or the female breasts; 3. showing, depicting or describing completely nude human bodies; 4. describing erotic reactions, feelings or experiences on sexual acts; or 5. performing live sexual acts of whatever forms.

b.) Pornographic or Pornography. - Objects or subject of photography, illustrations, paintings, drawings, writings, literature, billboards, posters, movies, music records, video and VHS tapes, VCD, DVD, CD or laser disc, television shows or programs, magazines, newspapers, tabloids, newsletters and comic books calculated to excite or stimulate sexual drive or impure imagination, regardless of the motive of the author thereof.

c.) Materials. - Newspapers, tabloids, magazines, newsletters, literature, articles, writings and comic books regardless of the frequency and place of publication or circulation, whether its circulation is limited to subscribers, and whether printed in the Philippines or abroad; photographs, drawings, illustrations, "DRAWINGS, BILLBOARDS, AND POSTERS; MOVIES, TELEVISION SHOWS OR PROGRAMS, MUSIC RECORDS, VIDEO AND VHS TAPES, VCD, DVD, CD, LASER DISC, AND SIMILAR MATTERS, WHETHER PRODUCED IN THE PHILIPPINES OR ABROAD." ["Quoted/All-Caps" text found in Matrix. ‹ CSR]

d.) Sex. - The area of human behavior concerning sexual activity, sexual desires and instinct and their expressions.

e.) Sexual act. - Having sex or act of satisfying one's sex instinct.

f.) Magazine. - a paperback periodical publications of writings by different authors, often illustrated and with advertisement, whether printed in the Philippines or abroad.

g.) Comic book. - magazine consisting of narrative cartoon drawings.

Section 4. Punishable Acts. - The following acts are declared illegal and punishable:

a) Producing, importing or distributing obscene or pornographic movies;

b) Showing or exhibiting, or causing the showing or exhibition of, distributing or selling obscene or pornographic movies, in or by means of any of the materials, as may be applicable, as the terms are defined under this Act;

c) Printing, publishing, showing, exhibiting or advertising, or causing the printing, publication, showing exhibition or advertising of, anything obscene or pornographic, other than movies, in any of the materials, as may be applicable, as the terms are defined under this Act;

d) Printing, publishing, importing, selling or distributing, any magazine or comic books containing anything obscene or pornographic as the terms are defined under this Act;

e) Showing, exhibiting, selling or distributing obscene or pornographic movies in video or VHS tapes, VCD, DVD, CD, laser disc and similar materials, whether produced in the Philippines or abroad, in any restaurant, club, or other places open to the public, including private buildings, places or houses WHERE [³where² in Pete's email, "whether" in Matrix ‹ CSR] the viewers are not limited to the owners thereof and the members of "HIS FAMILY" ["Quoted/All-Caps" text found in Matrix. ‹ CSR];

f) Writing any obscene or pornographic article in any newspaper, tabloid, magazine, newsletter or comic books;

g) Performing, or allowing the performance of, live sex or sexual act in any place open to public viewing.

Section 5. Penalties. - The following penalties shall be imposed upon any person found guilty of committing any of the prohibited acts under Section 4 of this Act:

a.) For producing, importing or distributing obscene or pornographic movies, the penalty of imprisonment of not less than four (4) years nor more than five (5) years and a fine of not less than one Hundred Thousand Pesos (P100,000.00) nor more than Three Hundred Thousand Pesos (P300,000.00) shall be imposed.

b.) For showing, exhibiting, distributing or selling, or causing the showing, exhibition, distribution, or sale of obscene or pornographic movies in, or by means of, any of the materials, as may be applicable, as defined in this Act, the penalty of imprisonment of not less than six (6) years nor more than ten (10) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) nor more than One Million Pesos (P1,000,000.00) shall be imposed.

c.) For printing, publishing, showing, exhibiting, or advertising, or causing the printing, publication, showing, exhibition or advertisement of anything obscene or pornographic, other than movies in any of the materials, as may be applicable, as defined in this Act, the penalty of not less than five (5) years nor more than seven (7) years and a fine of not less than Four Hundred Thousand Pesos (400,000.00) nor more than Seven Hundred Thousand Pesos (P700,000.00) shall be imposed.

d.) For printing, importing, selling, or distributing any magazine or comic book containing anything obscene or pornographic, as defined in this Act, the penalty of imprisonment of not less than four (4) years nor more than five (5) years and a fine of not less than One Hundred Thousand Pesos (P100,000.00) nor more than Three Hundred Thousand Pesos (P300,000.00) shall be imposed.

e.) For showing, exhibiting, selling or distributing obscene or pornographic movies in video or VHS tapes, VCD, DVD, CD, laser disc or similar means whether produced, copied are recorded in the Philippines or abroad, in any department store, restaurant, club or other similar places open to the public, including private buildings, houses or places where the viewers are not limited to the owner thereof and members of his family, the penalty of imprisonment of not less than six (6) years nor more than then (10) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00 nor more than One Million Pesos (1,000,000.00) shall be imposed.

f.) For writing any obscene or pornographic articles in any newspaper, tabloid, magazine, newsletter or comic book, the penalty of imprisonment of not less than three (3) years nor more than five (5) years and a fine of not less than Fifty Thousand Pesos (50,000.00) nor made than Two Hundred Thousand Pesos (P200,000) shall be imposed.

g.) For performing, or allowing the performance of, any live sex or sexual act in any place open to public viewing, the penalty of imprisonment of not less than five (5) years nor more than seven years (7) and a fine more than Five Hundred Thousand Pesos (P500,000.00) shall be imposed.

In any case, if the offender is a juridical person, the President, General Manager, Members of the Board of Directors, Editor-in-Chief, Production, Sales, Marketing and Advertising, Departments'/Sections' Managers or Heads thereof, as the case may be, shall be criminally liable.

Any person found guilty of committing any of the acts punishable under this Act shall not be entitled to the benefits of the Probation Law.

Section 6. Witness Protection and Immunity from Prosecution. ­ Any person who provides material information, whether testimonial or documentary, necessary for the investigation or prosecution of any one committing any of the acts punishable under this Act and who testifies against such person shall be placed under the Witness Protection Program pursuant to Republic Act No. 6981 and shall be immune from any criminal prosecution, subject to the pertinent provisions of Presidential Decree No. 1732 otherwise known as Decree Providing Immunity from Criminal Prosecution to Government Witnesses and the pertinent provisions of the Rules of Court.

Section 7. Informant's Reward. - Any person who, having knowledge or information of any offense committed under this Act, shall disclose the same which may lead to the arrest and conviction of the offender shall be rewarded an amount to be determined through a policy guidelines to be promulgated by the Department of Justice in coordination with the Movie and Television Review and Classification Board within Sixty (60) days from the effectivity of this Act.

Section 8. Implementing Rules and Regulations. - Within sixty (60) days form the effectivity of This Act, the DOJ, DILG, MTRCB, VRB and other concerned government agencies shall jointly promulgate the implementing rules and regulations, as may be necessary to ensure the efficient and effective implementation of the provisions prevent the arrest, prosecution and conviction of any person committing an offense under this Act.

Section 9. Separability Clause. - If for any reason, any section or provisions of this Act, or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remaining provisions of this Act shall not be affected by such declaration and shall remain in force and effect.

Section 10. Repealing Clause. - The provisions of Article 201 of the Revised Penal Code is hereby repealed, and the provisions of other laws, decrees, executive orders, rules and regulations inconsistent with this Act are hereby repealed, amended or modified accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days after hits publication in at least two (2) national newspapers of general circulation.

Approved,

[Non-text portions of this message have been removed]

Tuesday, May 17, 2005

House Bill No. 2031 Introduced by Honorable EILEEN ERMITA-BUHAIN

Republic of the Philippines
HOUSE OF REPRESENTATIVES

THIRTEENTH CONGRESS
First Regular Session

House Bill No. 2031
Introduced by Honorable EILEEN ERMITA-BUHAIN


EXPLANATORY NOTE

This bill seeks to strengthen existing laws on obscenity and indecency by
prohibiting the publication, sale, distribution, importation and exhibition
of obscene and pornographic materials and the performance or exhibition in
public of certain indecent acts by providing stiffer penalties.

It is alarming to note that young people today have easy access to
pornographic and obscene literature, more known as smut, that are contained
in tabloids, magazines, newspapers and other publication being peddled in
the open, sometimes on street corners where children can easily buy these.
The proliferation of these materials should be a serious cause of worry for
our authorities given the numerous studies that point out to a high
correlation of exposure to pornography and incidence of sex crimes. Gender
studies also show that continued exposure to pornography especially of the
violent nature, had a negative effect on men that often lead to sex crimes.

While some may argue that obscenity and pornography are victimless crimes,
police records show otherwise. Statistics and documents from the police
authorities point out child-prostitution cases and/or child-abuse cases
committed by pedophiles stem from pornography involving minors. With the
internet technology now made easily accessible to these minors, one would
just speculate to what extent these would create on the moral fiber of our
people. Unless and until stiffer measures are instituted against these
abuses, society will bear the social costs.

In view of the foregoing premises, the approval of this bill is earnestly
sought.



House Bill No. 2031
Introduced by Honorable EILEEN ERMITA-BUHAIN

AN ACT PROHIBITING THE PUBLICATION, SALE, DISTRIBUTION, IMPORTATION AND
EXHIBITION OF OBSCENE AND PORNOGRAPHIC MATERIALS AND THE PERFORMANCE OR
EXHIBITION OF INDECENT ACTS IN PUBLIC AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as "The Anti-Obscenity and
Pornography Act of 2004."

SEC. 2. Declaration of Policy. It is hereby the declared policy of the State
to safeguard the morality of society, particularly the youth and women,
against the eroding influence of immoral doctrines, obscene and pornographic
materials, publications and indecent shows.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms
shall be defined as:

a. "Obscene and pornographic material" refers to any object in photography,
movies, videos, television, internet, printed materials, or in any other
format designed to stimulate sexual desire such as but not limited to:

(1) Explicit pictures or scenes depicting or describing homosexual, lesbian
and heterosexual sexual acts; masturbation, oral and anal sex, autoerotism;
excretion such as urination and edema materials; sadomasochistic sex,
bestiality, necrophilia, pedophilia, bondage and sex, sex with sacrilege;
sex acts between and among children;

(2) Lewd or libidinous depiction or description of the nudity of the human
region, buttocks, female breast below a point immediately above the top of
areola, male genitals in a discernibly turgid state, genitals in a state of
sexual stimulation; fondling or erotic touching of genitals, pubic region,
buttock or female breast;

(3) "Sex stories: such as columns, narrative or illustrated stories and
articles contained in newspapers graphically depicting sexual acts;

(4) Lewd depiction and description of sexual paraphernalia such as
life-sized rubber dolls, dildos, artificial vagina, vibrators, or sexual
gadgets of any kind; and

(5) Still photographs of movies whether domestic or foreign, having sexual
contents, and previously or subsequently rated "R" or "X" by the Movie and
Television Review and Classification Board (MTRCB).

b. "Indecent act" refers to public display of the naked persons or persons
performing live sexual acts, normal or perverted, actual or simulated which
under contemporary community standards are patently offensive.

c. "Material" refers to any printed or written article, statue or figure,
recording, transcription or reproduction by mechanical, chemical or
electrical means;

d. "Person" refers to any natural or juridical entity;

e. "Knowingly" means having actual or constructive knowledge of obscene
and/or pornographic contents of the subject matter. Failure to inspect the
contents of such subject matter shall not be accepted as an excuse and will
not exempt any person from criminal liability under this Act;

f. "Distribute" means to send, transmit, or pass through electronic devices
or to transfer possession with or without consideration of any kind.

SEC. 4. Unlawful of Prohibited Acts. -a) It shall be unlawful for any person
to publish, sell, distribute and import obscene and pornographic materials
defined in Section 3 of this Act, in whatever form, such as but not limited
to writings or pictures, books, magazines, tabloids, comics, newspapers,
posters, cards, calendars, decals, stickers, paintings, photographs, motion
pictures;

b) It shall likewise be unlawful for any person to portray, depict, perform
or exhibit any indecent act in public, or in places of public accommodation,
or coerce, intimidate or fraudulently induce another into doing such
indecent acts; and

c) It shall be unlawful for any person to force another to listen, read or
view obscene and pornographic materials in any public place.

SEC. 5. Penalties. - Any person who violates any provision of this Act or
any regulation hereunder shall, upon conviction, be imposed the following
penalties;

a) If the offender is the producer, financier, promoter, importer, writer,
publisher, editor or printer of any of the indecent act or obscene and
pornographic material herein above described, he shall be punished by a
prison sentence of prision correctional or a fine of not less than
P300,000.00 but not more than P500,000.00. In case of non-payment of fine,
subsidiary imprisonment shall be imposed at the rate of P500.00 per day.

If the offense is committed by a corporation, partnership, association or
any other juridical entity, the penalty provided herein shall be imposed on
the president, managing director, managing partner, or chief operating
officer, whichever the case may be: Provided, that if the offender is a
foreigner, he shall, after service of sentence or payment of the fine, be
subject of deportation and forever barred from entry into the country.

b) If the offender is a demonstrator, performer, actor or exhibitor in any
demonstration, performance or exhibition involving indecent act defined in
Section 3 of this Act, he shall be punished by a prison sentence of arresto
menor or a fine of not less than P30,000.00 nor more than P50,000.00, at the
discretion of the court. In case of non payment of fine, subsidiary
imprisonment shall be imposed a the rate of P300.00 per day.

In case the demonstrator, performer, actor or exhibitor is below eighteen
(18) years of age, he or shall be considered as a victim of child abuse
pursuant to the provisions of Republic Act No. 7610, otherwise known as the
"Special Protection of Children Against Abuse, Exploitation and
Discrimination Act," and shall be placed immediately under the protective
custody of the Department of Social Welfare and Development.

SEC. 6 Duties of Government Agencies Concerned. - In addition to the law
enforcement agencies responsible for monitoring and implementing the
provisions of existing laws on pornography, the following government
agencies are hereby mandated to provide assistance and support to ensure the
effective implementation of this Act:

a) Philippine Information Agency (PIA);
b) Movie and Television Review Classification Board (MTRCB); and
c) Videogram Regulatory Board (VRB).

The said agencies shall, in addition to their regular functions, exercise
the following duties:

1) Monitor all the publications, materials and shows that fall within their
respective jurisdiction;

2) Seek the assistance of local government units to identify the publishers
and persons responsible for the proliferation of obscene and pornographic
materials;

3) Initiate the prosecution of all persons involved for violation of this
Act and Article 201 of the Revised Penal Code, as amended, and other related
laws;

4) Receive complaints from the general public anent the proliferation of
obscene materials within its jurisdiction and act accordingly on such
complaints;

5) Recommend the cancellation of the business permits of those found
violating the provisions of this Act, the provisions of Article 201 of the
Revised Penal Code, as amended, and other related laws; and

6) Perform such other acts necessary to carry out the objectives of this
Act.

SEC. 7. Disposition of Materials. - Any prohibited material including tools,
instruments, facilities and equipment used in the production of obscene and
pornographic materials shall, after lawful seizure and final conviction of
the offender, be forfeited in favor of the government and destroyed in the
presence of the representatives of the Department of Justice, Philippine
National Police, and any one from the religious, civic or youth
organizations of such place in the manner as the court may order: Provided,
however, That when the accused is acquitted, the materials seized shall
nevertheless be forfeited in favor of the Government and destroyed:
Provided, further, That if the acquittal results from a finding that the
materials seized are not obscene or pornographic under this Act, the
materials shall be returned to the accused.

SEC. 8. Implementing rules and Regulations. - Within ninety (90) days after
the effectivity of this Act, the Philippine National Police, Department of
Justice, Philippine Information Agency, Movie and Television Review and
Classification Board, Videogram Regulatory Board, after consultations with
the concerned non-government organizations, shall promulgate the necessary
rules and regulations for the implementation of this Act.

SEC. 9. Separability Clause. - If any part of this Act is declared
unconstitutional or invalid, the other provisions not affected thereby shall
be considered valid and shall continue to be in full force and effect.

SEC. 10. Repealing Clause. - All laws, decrees, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days
following its complete publication in the Official Gazette or in at lest two
(2) national newspapers of general circulation.

Adopted,

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House Bill No. 1278 INTRODUCED BY HON. EMMANUEL JOEL J. VILLANUEVA

House Bill No. 1278
INTRODUCED BY HON. EMMANUEL JOEL J. VILLANUEVA

AN ACT PROHIBITING THE PUBLICATOIN, SALE OR DISTRIBUTION, PRODUCTION,
IMPORTATION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC MATERIALS AND THE
DEMONSTRATION, PERFORMANCE OR EXHIBITOIN IN PUBLIC INDESCENT AND SEXUAL ACTS
AND PROVIDING PENALTIES FOR VIOLATION THEREOF

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

SECTION 1. Title - This act shall be known as the "Anti-Obscenity and
Pornography Act of 2002."

SECTION 2. Declaration of Policy - It is hereby a declared policy of the
State to safeguard the morality of society, particularly the youth and
women, against the eroding influence of immoral doctrines, obscene and
pornographic publications and indecent shows.

SECTION 3. Definition of Terms - As used in this Act the following shall
mean:

a. "Indecent" shall mean any acts or scenes which are contrary to law or
which are objectionable on either legal and/or moral grounds.

b. "Obscene" shall mean any material or act or matter which is (1) offensive
to morality and decency or visually erotic, indecent and lewd; (2) likely to
corrupt and deprave by regarding or describing sex indecently; (3) if
considered as a whole, its predominant appeal is to prurient, shameful or
morbid interest in nudity, sex, excretion, sadism or masochism; (4) it goes
substantially beyond customary limits of candor in describing or
representing such matters; and (5) it is utterly without redeeming social
importance and constitute a public nuisance.

c. "Pornography" any obscene object in pornography, movies, videos,
television, magazines, printed materials and live shows designed to
stimulate sexual desire such as, but not limited to:

1. Live sex shows whose participant (either heterosexual or homosexual)
copulate or perform sexual acts normal, oral, and anal on stage;

2. Explicit picture or scenes depicting or describing homosexual and lesbian
acts; heterosexual acts (in couplings, ménage a trios, orgies) normal, oral
or anal; masturbation of male or female, including the practice of
autoerotism; excretion such as urination and edema materials;
sadomasochistic sex such as whippings, beatings, chainings, slashing and the
like; bestiality (sex between humans and animals) and necrophilia (sex with
the dead); bondage and sex;

3. Depiction or description of sex mixed with sacrileges;

4. Explicit pictures or scenes depicting or describing in sex acts with
other children or with adults;

5. Lewd, licentious, libidinous, lustful depiction or description of the
body, of human male or female genitals, pubic region, buttocks, female
breast below a point immediately above the top of the areola, human male
genitals in a discernibly turgid state, human genitals in a state of sexual
stimulation and fondling of erotic touching of human genitals, pubic region,
buttock or female breast;

6. Lewd depiction and description of sexual paraphernalia such as life-sized
rubber dolls, dildos, artificial vagina, vibrators or sexual gadgets of any
kind.

d. "Material" shall mean any book, magazine, newspaper or other printed or
written materials or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction of any
article, equipment or machine.

e. "Person" shall mean any natural person or juridical entities like
partnerships, firms, associations, corporations or other similar entities.

f. "Knowingly" shall mean having actual or constructive knowledge of the
obscene and/or pornographic contents of the subject matter; failure to
inspect the contents of such subject matter shall not be accepted as an
excuse and will not exempt any person from criminal liability under this
Act.

g. "Distribution" shall mean to transfer possession with or without
consideration of any kind.

SECTION 4. Unlawful Acts

a. It shall be unlawful for any person to portray, depict, or present any of
the indecent and obscene acts defined in section 3 of this Act, in writings
or in pictures, books, magazines, tabloids, comics, newspapers, posters,
cards, calendars, decals, stickers, painting, photographs, motion pictures,
or video tape shows, displayed, sold or distributed in public, or in place
of public accommodation.

b. It shall be unlawful for any person to coerce, intimidate or fraudulently
induce another into performing indecent acts for the purpose of pornography.

c. It shall be unlawful for any person to force another to listen, read or
view pornographic material in any place of employment, education, home or
public place.

SECTION 5. Penalties. - The following penalties shall be imposed upon any
person who shall commit any of the acts enumerated in section 3 and 4
hereof:

1. If the offender is the producer, financier, promoter, importer, writer,
publisher, editor or printer of any of the materials hereinabove described,
he shall be punished by a fine of not less than Five Hundred Thousand Pesos
(P500,000) not more than One Million Pesos (P1,000,000) or by imprisonment
of not less than 20 years but not more than 30 years or both such fine and
imprisonment at the discretion of the court.

If such producer, financier, promoter, importer or printer is a judicial
person, its president, manager, director or head shall be made liable
thereby.

If such producer, financier, promoter, importer or printer is an alien, he
shall be deported immediately after service of sentence and power barred
from entry in the country.

2. If the offender is the demonstrator, performer, actor or exhibitor in any
demonstration, performance, or exhibition involving any one of the indecent
and sexual acts defined in section 3 and 4 of this Act, he shall be punished
by a fine of not less than Two hundred Fifty Thousand Pesos (P250,000) or
imprisonment or both at the discretion of the court: Provided, however, that
in the case of the demonstrator, performer, actors or exhibitor is below
eighteen (18) year of age, he or she shall be considered on offended party
pursuant to the provisions of Republic Act No. 7610 or the "Special
Protection of Children Against Abuse, Exploitation and Discrimination Act,"
and shall be placed immediately under the protective custody of the
Department of Social Welfare and Development.

If such demonstrator, performer, actor or exhibitor is an alien, he shall be
deported immediately after service if sentence and forever barred from entry
in the country.

This section shall not apply if the portrayal, depiction, representation or
description has legitimate judicial, educational, scientific, cultural or
medical or otherwise official purpose.

SECTION 6. Disposition of Materials. - Any prohibited materials including
tools, instruments, facilities and equipment used in the production thereof,
shall, after lawful seizure and final conviction of the offender, be
forfeited in favor of the government and destroyed in the presence of the
representatives of the Department of Social Welfare and Development,
Department of Justice, Philippine National Police and of religious, civic
and youth organizations of such place in a manner as the court may
prescribe: Provided, however, that when the accused is acquitted, the
materials seized shall nevertheless be forfeited in favor of the Government
and destroyed: Provided, further, That if the acquittal results from a
funding that the materials seized are not obscene under this Act, the
materials shall be returned to the accused.

SECTION 7. Separability Clause. - If any provisions of this Act is declared
unconstitutional, the other provisions not affected thereby shall continue
to be in full force and effect.

SECTION 8. Repealing Clause. - Article 201 of the Revised Penal Code, as
amended, is hereby further amended and all laws, decrees, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed
or amended accordingly.

SECTION 9. Implementing Rules and Regulations. - The concerned agency shall
promulgate the necessary rules and regulations for the implementation of
this Act.

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days
following its complete publication in Official Gazette or in at least two
(2) new national newspapers of general circulation in the Philippines.

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House Bill No. 445 by Rep. Manuel "Way Kurat" E. Zamora

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
THIRTEENTH CONGRESS

House Bill No. 445
Introduced by Rep. Manuel "Way Kurat" E. Zamora


EXPLANATORY NOTE

This is a measure filed during the 11th and the 12th Congresses. Though it
remains unlegislated up to this time, it has become, without a shadow of
doubt, more relevant than ever. Hence, this refiling.

Press freedom does not entail publishing materials offensive to society's
moral standards. If the time-honored principle enshrined in the Constitution
is allowed to go wayward toward this unwanted end, we can only expect a
society governed by the basest of human moods and dispositions. A benchmark
of decency must therefore be maintained if the freedom of the press is to be
fully entrusted to media's responsibility. This is already contained in
court rulings. We cannot let go of any selfish acts designed to rake profits
for the media and their owners but inimical to society's interests.

It is for this reason that this bill was filed. It seeks to prohibit the
publication of lewd photographs and articles in newspapers-be they
broadsheet or tabloid.

This measure was conceptualized in view of the proliferation of newspapers
seemingly designed not to report about the news but rather to disseminate
obscene materials without any social relevance in the guise of press
freedom. Masked by amateurish efforts to give incisive and meaningful views,
the only things that stand out if you take a peek at them are their sex
motivated columns and the equally explicit and demeaning photos of women
enticing the reader to sexually fantasize. Oftentimes, pictures of a man and
a woman in the act of copulation are also featured. The rationale is
obvious: sex sells and publishers do not mind if the publication is
offensive as long as they amass a fortune out of it.

If only to ensure press freedom, this proposal does not seek the total ban
of such materials. There is always a right place for everything. What is
being avoided is the evolution of our dailies into a smut dominated medium
of information. We should keep those materials away from the easy perusal
and consumption of the young if only to ensure a sane and sexually and
morally-sound citizenry in the future.

This legislative measure's approval is timely, beneficial and necessary.



House Bill No. 445
Introduced by Rep. Manuel "Way Kurat" E. Zamora

AN ACT PROHIBITING THE PUBLICATION OF LEWD PHOTOGRAPHS AND SEX STORIES AND
ARTICLES IN TABLOID AND BROADSHEET NEWSPAPERS, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES

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

SECTION 1. The publication of lewd photographs and sex stories and articles
in tabloid and broadsheet newspapers is hereby prohibited.

SEC. 2 Definition of Terms.

a. "Lewd photographs" as used in this Act shall include:

1. All nude or scantily-dressed photographs of a woman or a man, or two or
more members of the same or opposite sex, inviting indecent, vulgar, lustful
and obscene interpretations from the reader;

2. All photographs of a woman or a man, or two or more members of the same
or opposite sex, simulating, engaged in or performing any sexual act
including, but not limited to, the following:

a. copulation
b. oral sex
c. homosexual sex
d. sodomy
e. necrophilia
f. pedophilia
g. bestial sex
h. masturbation
i. display or use of known sexual devices

3. Still photographs of movies whether domestic or foreign, having sexual
contents, and previously or subsequently rated R or X by the MTRCB.

Provided; That such published photographs shall not have been captioned to
promote any event of cultural, educational, entertainment or social
significance.

b. "Sex stories" as used in this Act shall include all columns, narrative
and illustrated stories, and articles contained in newspapers graphically
depicting any of the sexual acts enumerated in Sec. 2.a.2 of this Act.

SEC. 3. Violators of this Act shall suffer the following penalties:

a. The publisher and editors of the newspaper shall be liable to a fine of
not less than P50,000.00 nor more than P100,000.00 for the first offense.

b. The publisher and editors of the newspaper shall be liable to a fine of
not less than P100,000.00 nor more than P200,000.00 and a prison sentence of
prision mayor for the second offense. The court shall also order the
immediate closure of the publication.

Provided; That when there are two or more publishers of the newspaper, they
shall be held solidarily liable.

SEC. 4. All laws and regulations inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SEC. 5. This Act shall take effect upon its approval.

Approved,

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