Is there a justification for government's privacy invasion: A thesis on the right to privacy and due process limitations of section 4 of RA 9775 or the Anti-Child Pornography Act of 2009

Date of Publication


Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Civil Rights and Discrimination | Sexuality and the Law


Ramon V. Del Rosario College of Business


Commercial Law

Thesis Adviser

Emily Sanchez Salcedo

Defense Panel Chair

Edward P. Chico

Defense Panel Member

James Keith C. Heffron
Jayson O. Ramos


One of the duties of legislative branch of government is to enact laws that would promote public welfare. However, in their pursuit of this objective, it is sometimes inevitable to burden fundamental rights of the people.

With the enactment of the Anti-Child Pornography Act of 2009 (RA 9775), it included among the definition of child, a person regardless of age portraying him/herself to be a child. With this extended definition, the statute includes within its purview as a form of a child pornography, images or videos of adults whose fetish is to portray themselves as children while consensually engaging in sexual acts even if the images or videos are for the sole consumption of consenting couple. In this situation, the statute is challenging the fundamental right to privacy of the adults.

In the goal of eliminating child pornography, the researchers would like to look into the justifiability of government's action of including the act itself, and the images and videos of the adults as commission and forms of child pornography. By determining the extent of asserting the fundamental right of privacy against government intrusion and the compliance of the Anti-Child Pornography Act with the lawful subject requirement of substantive due process, it would determine the constitutionality of section four of the said act.

Abstract Format


Accession Number


Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

4, 77, [13] leaves, 29 cm.


Privacy, Right of--Philippines; Child pornography--Law and legislation--Philippines

Embargo Period


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