Short answer. Yes. Section 9 has a limb aimed squarely at the family: an ascendant, guardian or person entrusted in any capacity with the care of a child who causes or allows the child to be employed in or to participate in an obscene play, scene, act, movie or show is punished in his own right.
What the law says
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.
RA 7610, Section 9 — Obscene Publications And Shows. Read the full provision →
What the law says
Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video
RA 7610, Section 9 — Obscene Publications And Shows. Read the full provision →
Allowing is enough
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. The verbs are cause and allow, joined by and/or, so passive permission stands on the same footing as active arrangement. A parent who did not organise anything, took no money, and simply did not stop it is inside the wording.
It reaches beyond parents
The people named are an ascendant, a guardian, or a person entrusted in any capacity with the care of a child. That third category is wide by design: a relative minding a child for the weekend, a house helper, a coach, anyone into whose care the child has been placed in any capacity. The section does not ask whether the person had legal custody or authority, only whether the child was in his care. Nor does it require that the person profit — payment is what the separate limb on hiring and employing addresses, not this one.
The other limb, and the age rule
The first sentence punishes Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, and extends to modelling in obscene publications or pornographic material, or selling or distributing it. Where the child used as performer, subject or seller is below twelve years of age, the penalty on that limb is imposed in its maximum period. Section 31 adds its own aggravation, raising the penalty to the maximum where the perpetrator is an ascendant, parent, guardian, stepparent or collateral relative within the second degree.
This is not the only statute in play
Where the conduct involves photographs, video or any recorded material rather than a live show, the Anti-Child Pornography Act, Republic Act No. 9775 of 2009, is the specific and much later law on the subject, and it should be consulted before treating this section as the measure of exposure. Section 11 of the older Act adds a further consequence for the venue: an establishment that promotes or facilitates obscene publications and indecent shows is to be closed immediately and its licence to operate cancelled, without prejudice to prosecution of the owner or manager.
Related provisions
- RA 7610, Section 9 — Obscene Publications And Shows
- RA 7610, Section 11 — Sanctions On Establishments
- RA 7610, Section 31 — Common Penal Provisions