Outgoing Acting Justice Secretary Alberto Agra said the Inter-Agency Council against Child Pornography can promulgate implementing rules and regulations of Anti-Child Pornography Act of 2009 despite absence of its three members or non-appointment because of election ban provided that there is quorum.

This was the stand of Agra in his three-page legal opinion in response to the request of the Department of Social Welfare and Development (DSWD) Acting Secretary Celia Capadocia-Yangco.

Yangco had sought for legal opinion on whether the Inter-Agency Council against Child Pornography which she heads as ex-officio chairman, can promulgate the Implementing Rules and Regulations (IRR) of Republic Act No. 9775 otherwise known as the Anti-Child Pornography Act of 2009, without three of its member-representatives from children’s non-government organizations (NGOs).

In her letter to Agra, the DSWD Acting Secretary noted that based on the Anti-Child Pornography Act, the Council shall be composed of the DSWD secretary as chairperson, and the secretaries and heads of 11 national government agencies and three representatives from children’s NGOs as members.

The representatives from the NGOs, according to the law, shall be nominated by the government agency representatives of the Council for appointment by the President for a term of three years. (Jeamma E. Sabate)