Anti-Child Pornography Act of 2008
FOURTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Second Regular Session
S
E N A T E
S. No. 2317
Prepared jointly by the Committees on Youth, Women and Family Relations and Justice and Human Rights with Senators Madrigal, Escudero, Zubiri and Lapid as authors thereof
AN ACT
PROHIBITING CHILD PORNOGRAPHY, IMPOSING PENALTIES FOR THE COMMISSION
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-Child Pornography Act of 2008.”
SEC. 2. Declaration of State Policy. – It is the policy of the State to:
a. Guarantee the rights of every Child from all forms of neglect, cruelty and other conditions prejudicial to their development;
b. Protect every Child from all forms of exploitation and abuse, including but not limited to:
(1) the exploitative use of children in pornographic performances and materials; and, (2) the inducement or coercion of children to engage in pornography through whatever means; and
c. Comply with the country’s [two] international treaties concerning the rights of children, namely, the Convention on the Rights of the Child, [and] the [Second] Optional Protocol ON [to] the Convention on the Rights of the Child ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY, THE CONVENTION ON THE WORST FORM OF CHILD LABOR, AND THE CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME.
SEC. 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as follows:
Child – refers to the following:
(1) A person as defined under the United Nations Convention On The Rights Of The Child;
(2) A person, regardless of age, who is unable to fully take care of HIMSELF OR HERSELF [oneself] because of PHYSICAL OR mental disability or condition;
(3) When applicable, a person, regardless of age, who is presented, depicted or believed to be a Child as defined herein; and
(4) When applicable, computer generated, digitally created or manually crafted images or graphics of a person who is represented or is made to appear to be a Child as defined herein.
Child Pornography – refers to any visual, written material or audio representation, whether or not it is made by electronic or mechanical means, or an actual presentation of a Child:
(1) Engaged in real or simulated explicit sexual activity; or
(2) Showing his or her sexual parts or anal region, WHETHER FULLY OR PARTIALLY COVERED BUT ARE DETECTABLE OR IDENTIFIABLE, AND the dominant characteristic of which depicts a sexual purpose.
(3) SHOWING THE DEPICTION OF SEXUAL PARTS OR THE ANAL REGION WHICH DISPLAY OR BRINGS FORTH NOTICE TO THE GENITAL OR PUBIC AREA OF CHILDREN IN ORDER TO EXCITE LUSTFULNESS OR SEXUAL STIMULATION TO THE VIEWER.
(4) SHOWING A VISUAL DEPICTION OF ANY KIND, INCLUDING A DRAWING, CARTOON, SCULPTURE, OR PAINTING, THAT DEPICTS AN IMAGE THAT IS, OR APPEARS TO BE, OF A MINOR ENGAGING IN GRAPHIC BESTIALITY, SADISTIC OR MASOCHISTIC ABUSE, OR SEXUAL INTERCOURSE, INCLUDING GENITAL-GENITAL, ORAL-GENITAL, ANAL-GENITAL, ORAL-ANAL, WHETHER BETWEEN PERSONS OF THE SAME OR OPPOSITE SEX. Visual, written material or audio representation shall include, but not be limited to, writings and pictures, books, magazines, billboards, tabloids, comics, posters, cards, calendars, decals, stickers, paintings, photographs, television shows, motion pictures, computer graphics, OPTICAL MEDIA AS DEFINED UNDER REPUBLIC ACT NO. 9239 or any electronic or other means, including the use of information technology such as mobile phones and the internet.
Actual presentation shall include, among others, the live performance or showing of a Child engaged in real or simulated explicit sexual activity, or the depiction, EXHIBITION OR SUGGESTIONS for a sexual OR LEWD purpose, of the sexual parts or anal region of the Child.
HYPERLINK "http://www.atis.org/tg2k/_internet_service_provider.html"
Internet Service Provider (ISP) – refers to a company which provides
internet access and related services. An Internet Service Provider
usually has multiple access methods that include, but are not
limited to: (1) dial-up; (2) wireless and local area network (Wi-Fi/LAN);
(3) Digital Subscriber Line (DSL); (4) broadband; and (5) cable
modem.
Person – refers to any natural or juridical entity.
DSWD [Department] – refers to the Department of Social Welfare and Development [(DSWD)] INCLUDING THE SOCIAL WORKERS OF THE LOCAL GOVERNMENT UNITS (LGUS) AND THE NON-GOVERNMENT ORGANIZATIONS (NGOS), IF DULY CERTIFIED.
DOJ – refers to the Department of Justice.
PNP – refers to the Philippine National Police.
NBI – refers to the National Bureau of Investigation.
NGOs – refer to non-government organizations known to be actively working with and on behalf of children and youth, particularly for their protection against exploitation and abuse.
DEPICTION – REFERS TO THE MANNER OF GENERATING DATA FROM WHICH A VISUAL IMAGE, WHETHER STILL OR MOVING CAN BE GENERATED.
BUSINESS ESTABLISHMENT – AN ESTABLISHMENT, WHETHER A PUBLIC OR PRIVATE STRUCTURE, WHERE BUSINESS IS CONDUCTED, GOODS ARE MADE, STORED, OR PROCESSED, OR WHERE SERVICES ARE RENDERED.
SEC. 4. Unlawful or Prohibited Acts. – It shall be unlawful for any person to commit any of the following acts:
To induce, use, coerce or recruit a Child in the production of Child Pornography;
To produce CHILD PORNOGRAPHY, through any means, including, BUT NOT LIMITED TO, the use of OPTICAL MEDIA, computer graphics, cellular phones or other electronic devices, or mechanical means [any Child Pornography];
To publish, offer, transmit, sell, distribute, broadcast, export and import CHILD PORNOGRAPHY through any means[, Child Pornography]; To possess or knowingly access OR, WITH REASONABLE KNOWLEDGE, KNOWINGLY ACCESS any Child Pornography, with or without the intent to publish, sell, distribute and broadcast;
E. TO ATTEMPT TO INDUCE, USE, COERCE OR RECRUIT A CHILD IN THE PRODUCTION OF CHILD PORNOGRAPHY;
F. TO ATTEMPT TO PRODUCE, THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED TO, THE USE OF OPTICAL MEDIA, COMPUTER GRAPHICS, CELLULAR PHONES OR OTHER ELECTRONIC DEVICES, OR MECHANICAL MEANS ANY CHILD PORNOGRAPHY;
G. TO CONSPIRE TO COMMIT ANY OF THE PROHIBITED ACTS STATED IN THIS LAW. CONSPIRACY TO COMMIT CHILD PORNOGRAPHY SHALL BE COMMITTED WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT CONCERNING THE COMMISSION OF ANY OF THE PROHIBITED ACTS UNDER THIS SECTION AND DECIDE TO COMMIT IT;
H. FOR A PARENT, LEGAL GUARDIAN OR PERSON HAVING CUSTODY OR CONTROL OF A CHILD TO KNOWINGLY PERMIT SUCH CHILD TO ENGAGE, PARTICIPATE OR ASSIST IN CHILD PORNOGRAPHY;
I. FOR FILM DISTRIBUTORS, THEATERS, AND TELECOMMUNICATION COMPANIES BY THEMSELVES OR IN COOPERATION WITH OTHER ENTITIES, TO DISTRIBUTE CHILD PORNOGRAPHY; AND
J. TO MAIL, SHIP, TRANSPORT IN DOMESTIC OR FOREIGN COMMERCE ANY VISUAL DEPICTION OF CHILD PORNOGRAPHY.
Provided, That no person shall be convicted under paragraphs (b), (c) and (d) of this Section if the act allegedly constituting the offense IS [shall] CLEARLY AND CONVINCINGLY ESTABLISHED TO BE DONE [be] exclusively for a legitimate purpose related to the administration of justice, science, medicine or education. FAILURE TO ESTABLISH CLEARLY AND CONVINCINGLY THE FOREGOING LEGITIMATE PURPOSES WILL GIVE RISE TO THE PRESUMPTION THAT THE ACT CONSTITUTES CHILD PORNOGRAPHY.
SEC. 5. Prosecution of Cases. – Any person who has knowledge of the commission of any of the offenses under this Act, including but not limited to the Child, parents, siblings, legal guardian, ASCENDANTS, COLLATERAL RELATIVES WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY, SOCIAL WORKER OR REPRESENTATIVE OF THE DSWD, A LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER, NGO, BARANGAY OFFICIALS, [the Department, or] LAW ENFORCERS [police officers], OR AT LEAST THREE (3) CONCERNED RESPONSIBLE CITIZENS WHO HAVE PERSONAL KNOWLEDGE may file a complaint for the prosecution of the case.
SEC. 6. Appointment of Special Prosecutors. – The DOJ shall appoint or designate Special Prosecutors to prosecute cases for violation of this Act.
SEC. 7. Jurisdiction. – Jurisdiction over cases for violation of this Act shall be vested in the FAMILY [Juvenile and Domestic Relations] Court which has territorial jurisdiction over the place where the offense or any of its essential elements was committed PURSUANT TO REPUBLIC ACT NO. 8369.
[Supreme Court Circular A.M. No. 004-07-SC dated 21 November 2000 or the Rule on Examination of a Child Witness, and its amendments or revisions thereto, shall be applied in the prosecution of cases for violation of this Act.]
SEC. 8. Responsibility of Internet Service Providers. – All Internet Service Providers (ISPs) shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that Child Pornography is being committed using its server or facility. Nothing in this Section may be construed to require an Internet Service Provider (ISP) to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person: Provided, That no Internet Service Provider (ISP) shall be held civilly liable for damages on account of any notice given in good faith in compliance with this Section.
All Internet Service Providers (ISPs) shall install available technology, program or software to ensure that access to or transmittal of Child Pornography will be blocked or filtered.
The National Telecommunications Commission (NTC) shall promulgate within six (6) months from the effectivity of this Act the necessary [implementing] rules and regulations FOR THE IMPLEMENTATION OF THIS PROVISION which shall include, among others, the installation of filtering software that will block access to or transmission of Child Pornography.
SEC. 9. RESPONSIBILITY OF MALL OWNERS/OPERATORS AND OWNERS OR LESSORS OF OTHER BUSINESS ESTABLISHMENTS. – ALL MALL OWNERS/OPERATORS AND OWNERS OR LESSORS OF OTHER BUSINESS ESTABLISHMENTS SHALL NOTIFY THE PNP OR THE NBI WITHIN SEVEN (7) DAYS FROM OBTAINING FACTS AND CIRCUMSTANCES THAT CHILD PORNOGRAPHY IS BEING COMMITTED IN THEIR PREMISES: PROVIDED, THAT PUBLIC DISPLAY OF CHILD PORNOGRAPHY WITHIN THEIR PREMISES IS A CONCLUSIVE PRESUMPTION OF THE MALL OWNERS/OPERATORS AND OWNERS OR LESSORS OF OTHER BUSINESS ESTABLISHMENTS’ KNOWLEDGE 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 ESTABLISHMENTS IS ESTABLISHED, IF THROUGH THE EXERCISE OF ORDINARY DILIGENCE, MALL OWNERS/OPERATORS AND OWNERS OR LESSORS OF OTHER BUSINESS ESTABLISHMENTS SHOULD KNOW OR REASONABLY KNOW THAT VIOLATIONS OF THIS ACT ARE BEING COMMITTED IN THEIR PREMISES.
SEC. 10 [9]. Confidentiality. – AT ANY STAGE OF THE INVESTIGATION, PROSECUTION AND TRIAL OF AN OFFENSE UNDER THIS ACT, LAW ENFORCEMENT OFFICERS, PROSECUTORS, JUDGES, COURT PERSONNEL AND MEDICAL PRACTITIONERS, AS WELL AS PARTIES TO THE CASE, SHALL RECOGNIZE THE RIGHT TO PRIVACY OF THE CHILD, THE IMMEDIATE FAMILY OF THE CHILD AND THE ACCUSED. TOWARDS THIS END, LAW ENFORCEMENT OFFICERS, PROSECUTORS AND JUDGES TO WHOM THE COMPLAINT HAS BEEN REFERRED MAY, WHENEVER NECESSARY TO ENSURE A FAIR AND IMPARTIAL PROCEEDING, AND AFTER CONSIDERING ALL CIRCUMSTANCES FOR THE BEST INTEREST OF THE PARTIES, ORDER A CLOSED-DOOR INVESTIGATION, PROSECUTION OR TRIAL. THE NAME AND PERSONAL CIRCUMSTANCES OF THE CHILD, THE CHILD’S IMMEDIATE FAMILY OR OF THE ACCUSED, OR ANY OTHER INFORMATION TENDING TO ESTABLISH THEIR IDENTITIES AND SUCH CIRCUMSTANCES OR INFORMATION SHALL NOT BE DISCLOSED TO THE PUBLIC. IN CASES WHEN PROSECUTION OR TRIAL IS CONDUCTED BEHIND CLOSED-DOORS, IT SHALL BE UNLAWFUL FOR ANY EDITOR, PUBLISHER, AND REPORTER OR COLUMNIST IN CASE OF PRINTED MATERIALS, ANNOUNCER OR PRODUCER IN CASE OF TELEVISION AND RADIO, PRODUCER AND DIRECTOR OF A FILM IN CASE OF THE MOVIE INDUSTRY, OR ANY PERSON UTILIZING TRI-MEDIA FACILITIES OR INFORMATION TECHNOLOGY TO CAUSE PUBLICITY OF ANY CASE OF CHILD PORNOGRAPHY.
[The right to privacy of the Child and his or her family shall be ensured at all times in whatever stage of the investigation or judicial proceedings. The name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall not be published or caused to be published in whatever form.]
SEC. 11[10]. Care, Custody and Treatment of a Child Victim. – The DSWD [Department] shall ensure that the Child who is a victim of Child Pornography is provided appropriate care, custody and support for their recovery and reintegration in accordance with existing laws.
THE CHILD AND HIS FAMILY SHALL BE ENTITLED TO PROTECTION AS WELL AS TO THE RIGHTS AND BENEFITS OF WITNESSES UNDER REPUBLIC ACT NO. 6981, OR “THE WITNESS PROTECTION, SECURITY AND BENEFIT ACT”.
THE CHILD SHALL ALSO BE CONSIDERED AS A VICTIM OF A VIOLENT CRIME DEFINED UNDER SECTION 3(D) OF REPUBLIC ACT NO. 7309, OR “AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER PURPOSES” SO THAT THE CHILD MAY CLAIM COMPENSATION THEREIN.
SEC. 12[11]. Penalties and Sanctions. – The following penalties and sanctions are hereby established for offenses enumerated in this Act:
Any person found guilty of committing any of the acts enumerated in Section 4 (a) shall suffer the penalty of imprisonment of RECLUSION PERPETUA [not less than six (6) years and one (1) day but not more than twelve (12) years] and a fine of not less than One million five hundred thousand pesos (Php 1,500,000.00) but not more than Two million pesos (Php 2,000,000.00).
Any person found guilty of committing any of the acts enumerated in Section 4 (b), [and] (c) AND (J) shall suffer the penalty of imprisonment OF RECLUSION PERPETUA [for a period of not less than three (3) years and one (1) day but not more than six (6) years] and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00). Any person found guilty of committing the act defined in Section 4 (d) shall suffer the penalty of imprisonment of not less than one (1) year but not more than three (3) years and a fine of not less than One hundred thousand pesos (Php 100,000.00) but not more than Three hundred thousand pesos (Php 300,000.00).
Any Internet Service Providers found guilty of willfully and knowingly failing to comply with the notice and installation requirements under Section 8 shall suffer the penalty of a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00) for the first offense. In case of a subsequent offense, the penalty shall be a fine of not less than One million pesos (Php 1,000,000.00) but not more than Two million pesos (Php 2,000,000.00) and forfeiture of its license to operate.
E. ANY MALL OWNER/OPERATOR AND OWNER OR LESSOR OF OTHER BUSINESS ESTABLISHMENTS FOUND GUILTY OF WILLFULLY AND KNOWINGLY FAILING TO COMPLY WITH THE NOTICE REQUIREMENTS UNDER SECTION 9 SHALL SUFFER THE PENALTY OF A FINE OF NOT LESS THAN ONE MILLION PESOS (PHP1,000,000.00) BUT NOT MORE THAN TWO MILLION PESOS (PHP2,000,000.00) FOR THE FIRST OFFENSE. IN THE CASE OF A SUBSEQUENT OFFENSES THE PENALTY SHALL BE A FINE OF NOT LESS THAN TWO MILLION PESOS (PHP2,000,000.00) BUT NOT MORE THAN THREE MILLION PESOS (PHP3,000,000.00) AND FORFEITURE OF ITS LICENSE TO OPERATE AND IMMEDIATE CLOSURE OF THE ESTABLISHMENT.
F[e]. Any person found guilty of committing the act defined in Section 9 shall suffer the penalty of imprisonment of not less than one (1) month but not more than six (6) months and a fine of not less than Thirty Thousand Pesos (Php 30,000.00) but not more than Fifty Thousand Pesos (Php 50,000.00).
G[f]. If the offender is an ascendant, parent, guardian, stepparent or collateral relative within the THIRD [second] degree of consanguinity or affinity, OR ANY PERSON HAVING CONTROL OR MORAL ASCENDANCY OVER THE CHILD, the penalty provided herein shall be RECLUSION PERPETUA [imposed in its maximum period]. PROVIDED, THAT THE CUSTODY OVER THE CHILD SHOULD BE REMOVED FROM THESE OFFENDERS.
H[g]. If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner, member of the board of directors, and/or any responsible officer, who participated in the commission of the crime or shall have knowingly permitted or failed to prevent its commission.
I[h]. If the offender is a foreigner, he or she shall be immediately deported after the complete service of his or her sentence and shall forever be barred from entering the country. J. ANY PERSON FOUND GUILTY OF A CONSPIRACY TO COMMIT ANY OF THE ACTS ENUMERATED IN SEC. 4 OF THIS ACT SHALL BE PUNISHED BY A PENALTY ONE DEGREE LOWER THAN THE PENALTY IMPOSED FOR THE SAME ACT: PROVIDED, THAT THE FACT THAT AN OFFENDER IS AN ASCENDANT, PARENT, GUARDIAN, STEPPARENT OR COLLATERAL RELATIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY OR ANY PERSON HAVING CONTROL OR MORAL ASCENDANCY OVER THE CHILD WILL BE AN AGGRAVATING CIRCUMSTANCE FOR THE OFFENDER. K. ANY PERSON FOUND GUILTY OF ATTEMPTING TO COMMIT ANY OF THE ACTS ENUMERATED IN SEC. 4 OF THIS ACT SHALL BE PUNISHED BY A PENALTY TWO DEGREES LOWER THAN THE PENALTY IMPOSED FOR THE SAME ACT: PROVIDED, THAT IF THE OFFENDER IS AN ASCENDANT, PARENT, GUARDIAN, STEPPARENT OR COLLATERAL RELATIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY OR ANY PERSON HAVING CONTROL OR MORAL ASCENDANCY OVER THE CHILD, THE PENALTY SHALL BE ONE DEGREE LOWER THAN THE PENALTY IMPOSED FOR THE SAME ACT.
SEC. 13[12]. Confiscation and Forfeiture of the Proceeds Derived from Child Pornography. – In addition to the penalty imposed under this Act, the court shall order the confiscation and forfeiture, in favor of the government, of all proceeds and properties derived from and used in the commission of the offenses under Section 4 (a), (b), (c), (d) and (e) of this Act.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly by the offender or these have been concealed, removed, converted, or transferred to prevent the same from being found or forfeited, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or instrument of the offense.
All proceeds derived from AS WELL AS THE SALE OF PROPERTIES USED FOR THE COMMISSION OF the offense of Child Pornography shall accrue to the special account of the DSWD [Department] which shall be used exclusively for the proper implementation of this Act.
SEC. 14[13]. Lead Agencies. – The COUNCIL FOR THE WELFARE OF THE CHILDREN (CWC) [Department of Social Welfare and Development (DSWD) and the Department of Justice (DOJ)] shall be the lead AGENCY [agencies] to monitor the compliance of the provisions of this Act. The DSWD, DOJ, NATIONAL TELECOMMUNICATIONS COMMISSION (NTC), OPTICAL MEDIA BOARD (OMB), PNP Child and Women’s Desk AND LOCAL GOVERNMENT UNITS shall be the lead law enforcement AGENCIES [agency] to enforce and implement the provisions of this Act.
SEC. 15. CHILD PORNOGRAPHY AS A TRANSNATIONAL CRIME. – PURSUANT TO THE CONVENTION ON TRANSNATIONAL ORGANIZED CRIME, THE DOJ MAY EXECUTE THE REQUEST OF A FOREIGN STATE FOR ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF CHILD PORNOGRAPHY BY: (1) CONDUCTING A PRELIMINARY INVESTIGATION AGAINST THE OFFENDER AND, IF APPROPRIATE, TO FILE THE NECESSARY CHARGES IN COURT; (2) GIVING INFORMATION NEEDED BY THE FOREIGN STATE; AND (3) TO APPLY FOR AN ORDER OF FORFEITURE OF ANY PROCEEDS OR MONETARY INSTRUMENT OR PROPERTY LOCATED IN THE PHILIPPINES USED IN CONNECTION WITH CHILD PORNOGRAPHY IN THE COURT: PROVIDED, THAT IF THE DOJ REFUSES TO ACT ON THE REQUEST OF THE FOREIGN STATE, IT MUST INFORM THE FOREIGN STATE OF ANY VALID REASON FOR NOT EXECUTING THE REQUEST OR FOR DELAYING THE EXECUTION THEREOF: PROVIDED, FURTHER, THAT THE PRINCIPLES OF MUTUALITY AND RECIPROCITY SHALL, FOR THIS PURPOSE, BE AT ALL TIMES RECOGNIZED.
SEC. 16. EXTRADITION. – THE DOJ, IN CONSULTATION WITH THE DEPARTMENT OF FOREIGN AFFAIRS (DFA), SHALL ENDEAVOR TO INCLUDE CHILD PORNOGRAPHY AMONG EXTRADITABLE OFFENSES IN FUTURE TREATIES.
SEC. 17[14]. Funding. – The funding requirement for the proper implementation of this Act shall be included in the allocation of the Department under the General Appropriations Act.
SEC. 18[15]. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, [the Department,] the CWC, DSWD, OMB, DOJ, NTC and other relevant government agencies and NGOs, after due deliberation and consultations, shall promulgate the necessary rules and regulations for the implementation of this Act which shall include, among others, the education and awareness on the adverse effects of Child Pornography.
SEC. 19. SUPPLETORY APPLICATION OF THE REVISED PENAL CODE. – THE REVISED PENAL CODE SHALL BE SUPPLETORILY APPLICABLE TO THIS ACT.
SEC. 20[16]. Separability Clause. – If any part of this Act is declared unconstitutional or invalid, the other provisions not affected thereby shall continue to be in full force and effect.
SEC. 21[17]. Repealing Clause. – All laws, decrees, rules and regulations or parts thereof inconsistent with this Act are hereby repealed, modified or amended accordingly.
SEC. 22[18]. Effectivity. – This
Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2)
newspapers of general circulation. Approved,
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WITH APPROVED COMMITTEE AMENDMENTS AS OF SEPTEMBER 9, 2008
