FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
846 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 5 of Article 2 of the Constitution provides that, "The maintenance 
of peace and order, the protection of life, liberty and property, and the promotion 
of general welfare are essential for the enjoyment by all the people of the 
blessing of democracy." 
The privacy of individuals and their families have been violated by 
photographers, videographers and audio recorders who physically trespass in 
order to capture images or other reproductions of their private lives for 
commercial purposes, or who do so constructively through intrusive modern 
visual or auditory enhancement devices, such as powerful telephoto lenses and 
hyperbOlic microphones that enable invasion of private areas that would 
otherwise be impossible without trespassing. 
Such harassment and trespass threatens not only public persons and their 
families, but also private persons. and their families for whom personal tragedies 
or circumstances beyond their control create media interest. 
This bill seeks to provide protection from personal intrusion for commercial 
purposes to protect individuals and their families against intrusions on their 
privacy due to activities undertaken in connection with the reproduction and 
broadcast of their private activities. 
Immediate approval of this bill is earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 846 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
TO 
PROVIDE 
PROTECTION 
COMMERCIAL PURPOSES 
AN ACT 
FROM 
PERSONAL 
INTRUSION 
FOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Personal 
Privacy Protection Act of 2010". 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
State to adopt measures that would effectively promote the maintenance of 
peace and order, the protection of life, liberty and property, and the promotion of 
the general welfare which are essential for the enjoyment by all the people of the 
blessing of democracy in a just and humane society. 
SEC. 3. Definition of Term. - For purposes of this Act, the term "for 
commercial purposes" shall mean with the expectation of sale, financial gain or 
other consideration. 
SEC. 4. 
Rule of Construction. -
For purposes of this Act, a visual 
image, sound recording, or other physical impression shall not be found to have 
been, or intended to have been, captured for commercial purposes unless it was 
intended to be, or was in fact, 'sold, published or transmitted in Philippine or 
foreign commerce, or unless the person attempting to capture such image, 
recording, or impression moved in Philippine or foreign commerce in order to 
capture such image, recording, or impreSSion. 
SEC. 5. Trespass for Commercial Purposes Invasion of Legitimate 
Interest in Privacy for Commercial Purposes. -
(1) Trespass for Commercial Purposes - It shall be unlawful to trespass 
on private property in order to capture any type of visual image, sound 
recording, or other physical impression of any person for commercial 
purposes; 
(2) Invasion of Legitimate Interest in Privacy for Commercial Purposes - It 
shall be unlawful to capture any type of visual image, sound recording, 
or other physical impression for commercial purposes of a personal or 
familiar activity through the use of a visual or auditory enhancement 
device, even if no physical trespass has occurred if: 


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a. the subject of the image, sound recording, or other physical 
impression has a reasonable expectation of privacy with respect 
to the personal or familiar activity captured; and, 
b. the image, sound recording, or other physical impression could 
not have been captured without a trespass if not produced by 
the use of the enhancement device. 
SEC. 6. Cause of Action. - Any person who is legally present in the 
Philippines who is subject to a violation of this Act may, in a civil action against 
the person engaging in the violation, obtain any appropriate relief, including 
compensatory damages, punitive damages and injunctive and declaratory relief. 
A person obtaining relief may be either or both the owner of the property or the 
person whose visual or auditory impression has been captured. 
In any civil 
action or proceeding to enforce a provision of this Act, the court shall allow the 
prevailing party reasonable attorney's fees as part of the costs. 
In awarding 
attorney's fees, the court shall include expert fees as part of the attorney's fees. 
SEC. 7. Limitation on Defense. - It is not a defense to an action under 
this Section that: 
(1) no image or recording was captured; or 
(2) no image or recording was sold 
SEC. 8. Use of Images. - Nothing in this Act may be construed to make 
the sale, transmission, publication, broadcast, or use of any image or recording 
of the type or under the circumstances described herein in any otherwise lawful 
manner by any person subject to criminal charge or civil liability. 
SEC. 9. Limitation. - Only a person physically present at the time of, and 
engaging or assisting another in engaging in a violation of this Act is subject to 
civil liability under this Act. A person shall not be subject to such liability by 
reason of the conduct of an agent, employee, or contractor of that person, or 
because images or recordings captured in violation of this Act were solicited, 
bought, used, or sold by that person. 
SEC. 10. Law Enforcement Exemption. - The prohibitions of this Act do 
not apply with respect to official law enforcement activities. 
SEC. 11. Repealing Clause. - Any law, preSidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified or amended accordingly 
SEC. 12. 
Separability Clause. -
Any law, presidential decree or 
issuance, executive order, letter of instruction, administrative order, rule or 
regulation contrary to or inconsistent with the prOVisions of this Act is hereby 
repealed, modified, or amended accordingly. 
SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,