OSAEC ordinance might be redundant to national law - Emano

“WOULDN’T it be redundant nga ato siyang (Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) Ordinance) i-prohibit local if in (the) national law illegal na man gud siya daan?”

Thus manifested Councilor Yvy Emano, during the 92nd regular session presided over by City Vice Mayor Bebot Rodriguez, during discussions of the ordinance that would localize Republic Act 11930 or the “OSAEC and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act”.

Councilor Emano observed that (the prohibited acts) and penalties are already provided in the national law, including the establishment of the national coordination center.

“Maybe this ordinance should be an extension or formalizing adaptation sa atong national coordination center kay naa na man gud siya, existing na man, and this year lang gani nahimo,” she opined.

In response to this, Councilor Joyleen Mercedes L. Balaba, one of the authors of the ordinance along with Councilors Ian Mark Q. Nacaya and Romeo V. Calizo, cited Section 33 of RA 11930, which mandates the local government to pass an ordinance to localize efforts against OSAEC.

"If we localize the said law, if we make it an ordinance, we have our own IRR,” the lady councilor said.

Not all provisions of RA 11930 will be provided by the national agencies. We need the interrogation room for the children and that is not provided by the national agencies, so it  [will be] funded by the city government, Balaba explained.

PENALTY CLAUSE

Councilor Emano also raised concern on the legal implication of the ordinance penalty clause which provides that violators of the ordinance will suffer the penalty imposed by RA 11930 and pertinent other national laws.

With this, Councilor Edgar S. Cabanlas moved to amend Section 21 to read as: “Violation of any of the prohibited acts under this ordinance shall be charged and penalized under the pertinent Republic Act”.

The City Council unanimously approved on second and final reading the Anti-OSAEC Ordinance.