(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and
installation requirements under Section 9 of this Act shall suffer the penalty of a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than One million
pesos (Php1,000,000.00) for the first offense. In case of subsequent offense, the penalty
shall be a fine of not less than One million pesos (Php1,000,000.00) but not more than Two
million pesos (Php2,000,000.00) and revocation of its license to operate;
(l) Any mall owner-operator and owner or lessor of other business establishments including
photo developers, information technology professionals, credit card companies and banks,
found guilty of willfully and knowingly failing to comply with the notice requirements under
Section 10 of this Act 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 offense, 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 revocation of its license to operate and immediate closure of the establishment; and
(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).
Section 16. Common Penal Provisions. (a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within
the third degree of consanguinity or affinity or any person having control or moral
ascendancy over the child, the penalty provided herein shall be in its maximum
duration; Provided, That this provision shall not apply to Section 4(g) of this Act;
(b) 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 commissions;
(c) If the offender is a foreigner, he/she shall be immediately deported after the complete
service of his/her sentence and shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the
offender is a public officer or employee.
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child
Pornography. - In addition to the penalty imposed for the violation of this Act, the court shall order
the confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments
used in the commission of the crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall be taken from the personal and
separate properties of the offender; Provided, further, That if such properties are insufficient, the
deficiency shall be taken from the confiscated and forfeited proceeds, tools and instruments.
All proceeds derived from the sale of properties used for the commission of any form of child
pornography shall accrue to the special account of the DSWD which shall be used exclusively for the
implementation of this Act.
When the proceeds, tools and instruments used in the commission of the offense have been
destroyed diminished in value or otherwise rendered worthless by any act or omission, directly or