Article 153Act No. 3815, Sec./Art. 153

Tumults and other disturbances of public order-Tumultuous disturbance or interruption liable to cause disturbance.-The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishments, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed 200 pesos shall be imposed upon those persons who in violation of the provisions contained in the last clause of article 85 shall bury with pomp the body of a person who has been legally executed.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(a) "Child" refers to a person below eighteen (18) years of

age

or

over,

but

is

unable

to

fully

take

care

of

himself/herself from abuse, neglect, cruelty, exploitation

or

discrimination

because

of

a

physical

or

mental

disability or condition.

For the purpose of this Act, a child shall also refer to:

(1) a person regardless of age who is presented, depicted

or portrayed as a child as defined herein; and

(2) computer-generated, digitally or manually crafted

images or graphics of a person who is represented or who

is made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation,

whether visual, audio, or written combination thereof, by

electronic, mechanical, digital, optical, magnetic or any

other means, of child engaged or involved in real or

simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:

(i) sexual intercourse or lascivious act including, but not

limited to, contact involving genital to genital, oral to

genital, anal to genital, or oral to anal, whether between

persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts,

pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

(d) "Internet address" refers to a website, bulletin board

service, internet chat room or news group, or any other

internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that

offers or proposes to offer services to the public for the

use of its computer/s or computer system for the purpose

of accessing the internet, computer games or related

services.

(f) "Internet content host" refers to a person who hosts or

who proposes to host internet content in the Philippines.

(g) "Internet service provider (ISP)" refers to a person or

entity that supplies or proposes to supply, an internet

carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or

someone who the offender believes to be a child for

sexual activity or sexual relationship by communicating

any

form

of

child

pornography.

It

includes

online

enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means

of a computer system, with a child or someone who the

offender

believes

to

be

a child for the purpose of

facilitating

the

commission

of

sexual

activity

or

production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising,

promoting,

representing

or distributing through any

means

any

material

or

purported

material

that

is

intended to cause another to believe that the material or

purported

material

contains

any

form

of

child

pornography, regardless of the actual content of the

material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be

unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child

to perform in the creation or production of any form of

child pornography;

(b) To produce, direct, manufacture or create any form of

child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast,

advertise, promote, export or import any form of child

pornography;

(d) To possess any form of child pornography with the

intent to sell, distribute, publish, or broadcast: Provided.

That possession of three (3) or more articles of child

pornography of the same form shall be prima facie

evidence of the intent to sell, distribute, publish or

broadcast;

(e) To knowingly, willfully and intentionally provide a

venue for the commission of prohibited acts as, but not

limited to, dens, private rooms, cubicles, cinemas, houses

or

in

establishments

purporting

to

be a legitimate

business;

(f) For film distributors, theaters and telecommunication

companies, by themselves or in cooperation with other

entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody

or control of a child to knowingly permit the child to

engage,

participate

or

assist

in

any

form

of

child

pornography;

(h) To engage in the luring or grooming of a child;

(i)

To

engage

in

pandering

of

any

form

of

child

pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts

stated in this section. Conspiracy to commit any form of

child pornography shall be committed when two (2) or

more persons come to an agreement concerning the

commission of any of the said prohibited acts and decide

to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of

child pornography is deemed committed by a syndicate if

carried out by a group of three (3) or more persons

conspiring or confederating with one another and shall

be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. - Complaints on

cases

of

any

form

of child pornography and other

offenses punishable under this Act may be filed by the

following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree

of consanguinity;

(d) Officer, social worker or representative of a licensed

child-caring institution;

(e) Officer or social worker of the Department of Social

Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i)

At

least

three

(3)

concerned responsible citizens

residing in the place where the violation occurred; or

(j) Any person who has personal knowledge of the

circumstances of the commission of any offense under

this Act.

Section 7. Appointment of Special Prosecutors. - The

Department of Justice (DOJ) shall appoint or designate

special prosecutors to prosecute cases for the violation of

this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the

violation of this Act shall be vested in the Family Court

which has territorial jurisdiction over the place where the

offense or any of its essential elements was committed

pursuant to Republic Act No. 8369, otherwise known as

"Family Courts Act of 1997".

Section 9. Duties of an Internet Service Provider (ISP). -

All

internet

service

providers

(ISPs)

shall

notify

the

Philippine National Police (PNP) or the National Bureau of

Investigation (NBI) within seven (7) days from obtaining

facts

and

circumstances

that

any

form

of

child

pornography is being committed using its server or

© Compiled By RGL

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