Posts tagged ‘child’

New law to fight child pornography

On 17 November 2009, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9775, also known as the “Anti-Child Pornography Act of 2009”.

The law makes it a criminal act to (a) employ or use a child to perform in child pornography, (b) create or produce any form of child pornography and child pornography materials, (c) offer, sell or promote child pornography or child pornography materials, (d) possess, download, reproduce or purchase them for sale or distribution, (e) publish, post, transmit, distribute, exhibit or broadcast any form of child pornography or child pornography materials, (c) knowingly view, access, obtain or possess even for personal use child pornography materials, or (d) attempt to commit child pornography by luring or grooming a child.

A child is defined as one who is below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

The depiction of a child in child pornography or child pornography materials, regardless of age, or the child’s representation as such in digitally or manually crafted images, undeveloped films, videotapes, movies, drawing, cartoons, paintings, sculpture, audio, real time Internet communications, in written texts or materials, and similar means fall within the ambit of the penalties provided for by the law.

Under pain of imprisonment and/or fine, Internet service providers (ISPs) and Internet content hosts are required to prevent access or transmittal of child pornography materials and to preserve evidence for the purpose of investigation and prosecution by concerned authorities.

And with (a) Internet cafés, (b) private and public educational institutions, (c) public and private offices; and (d) service providers, such as telephone companies, are required to install blocking system or software to prevent transmittal of or access to child pornography materials.

The law also created an Inter-Agency Council Against Child Pornography.

You may also view the full text of the law  by clicking here.

Use of father’s surname of illegitimate children

Illegitimate children, as a general rule, shall use the surname and shall be under the parental authority of their mother. But pursuant to the ”Act Allowing Illegitimate Children to Use the Surname of their Father” (R. A. 9255 – approved: 24 February 2004), which amended Article 176 of the Family Code, illegitimate children may however use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. The father however has the right to institute an action before the regular courts to prove non-filiation during his lifetime.