Short answer. Anyone who hires, employs, uses, persuades, induces or coerces a child to perform in obscene shows or to model in pornographic materials — or to sell or distribute them — suffers prision mayor in its medium period. The penalty rises to its maximum if the child is below twelve, and the same penalty binds a guardian who allows it.
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, or model in obscene publications or pornographic materials or to sell or distribute the said materials 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
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.
RA 7610, Section 9 — Obscene Publications And Shows. Read the full provision →
The acts this section punishes
Section 9 of Republic Act No. 7610 reaches a wide range of conduct around a child and obscene material. It 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, or model in obscene publications or pornographic materials or to sell or distribute the said materials. The list of verbs is deliberately broad — it is not only force or coercion that is covered, but also hiring, employing, using, persuading or inducing. The consent of the child is no defence, because the law treats a child as unable to give meaningful consent to such exploitation. Even making the child a seller or distributor of the material falls within the section.
The penalty, and the harsher rule for young children
The penalty fixed is prision mayor in its medium period — a substantial term of imprisonment, reflecting how seriously the law regards the sexual exploitation of a child. The section then makes it worse where the victim is very young. It provides that If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. In other words, exploiting a child under twelve does not create a different crime, but it pushes the same penalty to its highest range. The age of the child is therefore a decisive factor in how heavily an offender is punished under this provision.
Guardians and caregivers are bound too
The section does not let those closest to the child escape by merely permitting the abuse. It provides that 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 the other acts the section covers — shall suffer the penalty of prision mayor in its medium period. This targets a parent, grandparent, guardian or any caretaker who causes or even allows the child to be used this way. Their liability is the same as the outsider's, on the reasoning that a person trusted with a child's care commits a grave wrong by handing the child over to exploitation.
What this covers, and the wider law
This section is one part of the country's protection of children from sexual exploitation, and it should be understood alongside later, more specialised laws. The Philippines afterwards enacted dedicated legislation against child pornography and online sexual abuse — including Republic Act No. 9775 — which defines those offences in detail and imposes heavier penalties, so conduct involving child pornography today is often prosecuted under those laws as well. What Section 9 does not do is set out the full modern framework for digital material or fix civil compensation for the victim. Because cases in this area are grave and the applicable laws can overlap, anyone who suspects a child is being exploited should report it to the authorities immediately and, where needed, consult counsel.