HOUSE WF REPRESENTATIVES

RECEIVED
Republic of the Philippines aie 08 AUG 2016

HOUSE OF REPRESENTATIVES
Quezon City Tie: Eg D 2 Vv
Seventeenth Congress ai eerie

First Regular Session ann eee
HOUSE BILL NO.2664_ | BLS 2% nok x SERVICE

Introduced by GABRIELA WOMEN’S PARTY
Representatives Emmi A. De Jesus and Arlene D. Brosas

EXPLANATORY NOTE

On the occasion of the International Women’s Day in 2004, the Anti-Violence Against
Women and Their Children Act was signed into law as R.A. 9262. This law had since
offered protection and legal alternative to women who were subjected to various forms of
violence, identified therein as follows: a) physical violence; b) sexual violence; ¢)
psychological violence; and d) economic abuse. Not a few women went to court invoking
the provisions of R.A. 9262. Not a few women were protected by this law.

‘Then in 2008, a video scandal involving famous actress Katrina Iren P. Halili, aka.
Katrina Halili, broke out. This became the subject of a court litigation that spawned the
passage of the Anti-Photo and Video Voyeurism Act of 2009. In many respects, the
Katrina Halili case and the more recent video scandal involving another actress, Rhian
Ramos, also showed the apparent inadequacy of the definition vis-d-vis the forms of
violence identified under Republic Act 9262.

In the course of the trial of the complaint for R.A. 9262 filed by Katrina Halili against her
lover Hayden Kho, the arguments centered on whether the videotaping of their sexual act
was consented or not by Katrina Halili and on whether there was a law that was violated
by such an act of videotaping.

Despite the passage of the Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995),
however, the special relationship component among parties in R.A. 9262 was not taken
into account. While it is not difficult to see that in this age and time and given its speed
and reach, the intemet and communications technology (ICT) can cause more damage
and violence which are often indelible in nature, in retrospect, it is also regrettable that
R.A. 2962 failed to positively mention the existence of this form of violence now known
as electronic violence against women or EVAW.

It is in this regard that amendments to the law are sought.

‘The amendments being proposed positively recognizes and includes EVAW. EVAW is
proposed to be defined as “any acts or omissions that involves the use or exploitation of
information and communications technology (ICT) which causes or likely to cause
mental, emotional or psychological distress or suffering to the victim. It includes, but is
not limited to, the following:

1, Unauthorized recording, reproduction or distribution of video/s showing
the victim’s private area or the victim’s naked or undergarment clad
genitals, pubic area, buttocks or breasts;


2. Uploading or sharing without the consent of the victim, any media that
contain pictures, voice or video with lewd, indecent or sexual content or
context;

3. Harassing or threatening the victim;
4, Stalking; and
5. Using the victim’s picture, video, voice, name or any other aspect of the

victim’s identity in any video game, phone application, program and the
likes, which puts or tends to put the victim in a bad light.

The proposed positive inclusion of EVAW in the law is designed to obviate any creative
legal defense that may be used by violators of the law who manipulate technology to
inflict violence against women and their children.

In this growing technology-dependent society, it is our beholden duty to also update our
laws in order to address the fast-changing realities and means of commission of crimes. It
is in this light that we believe that the proposed amendments to R.A. 9262 are necessary.

Your support to this bill is, therefore, earnestly sought.

roy
REP. EMMI A. DE JESUS REPLARLENE D. BROSAS

Gabriela Women’s Party Gabriela



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE BILL no2664

Introduced by GABRIELA WOMEN’S PARTY
Representatives Emmi A. De Jesus and Arlene D. Brosas

AN ACT AMENDING REPUBLIC ACT NO. 9262, DEFINING ELECTRONIC
VIOLENCE AGAINST WOMEN OR E-VAW, PROVIDING PROTECTIVE
MEASURES AND PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. - This Act shall be known as "The E-VAW in Anti-VAWC Law of
2013".

SECTION 2. Section 3(a) is hereby amended to read as follows:

SEC. 3. Definition of Terms.- As used in this Act, (a) "Violence against women and
their children” refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the
following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence” refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:

a. rap, sexual harassment, acts of lasciviousness, treating a woman or
her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
victim’s body, forcing her/him to watch obscene publications and
indecent shows of forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room
with the abuser;

b. acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;

c. Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim such as but not limited
to intimidation, harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental infidelity. It includes



causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:

withdrawal of financial support or preventing the victim
from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources
and the right to the use and enjoyment of the conjugal,
community or property owned in common;

3. destroying household property;

4. controlling the victims’ own money or properties or solely
controlling the conjugal money or properties.

E. “ELECTRONIC VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN (E-VAW)” REFERS TO ANY ACTS OR OMISSIONS
THAT INVOLVES THE USE OR EXPLOITATION OF
INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT)
WHICH CAUSES OR LIKELY TO CAUSE MENTAL, EMOTIONAL
OR PSYCHOLOGICAL DISTRESS OR SUFFERING TO THE
VICTIM. IT INCLUDES BUT IS NOT LIMITED TO THE
FOLLOWING:

1, UNAUTHORIZED RECORDING, REPRODUCTION OR
DISTRIBUTION OF VIDEOS SHOWING THE VICTIM’S PRIVATE
AREA OR THE VICTIM’S NAKED OR UNDERGARMENT CLAD
GENITALS, PUBIC AREA, BUTTOCKS OR BREASTS;

2. UPLOADING OR SHARING WITHOUT THE CONSENT OF THE
VICTIM, ANY MEDIA THAT CONTAIN PICTURES, VOICE OR
VIDEO OF THE VICTIM WITH LEWD, INDECENT OR SEXUAL
CONTENT;

3. HARASSING OR THREATENING THE VICTIM;
4, STALKING; AND

5. USING THE VICTIM’S PICTURE, VIDEO, VOICE, NAME OR
ANY OTHER ASPECT OF THE VICTIM’S IDENTITY IN ANY
VIDEO GAME, PHONE APPLICATION, PROGRAM AND THE
LIKES, WHICH PUTS OR TENDS TO PUT THE VICTIM IN A BAD
LIGHT.”

SECTION 3. Section 5 of the law is hereby amended to read as follows:

SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:

. Causing physical harm to the woman or her child;

. Threatening to cause the woman or her child physical harm;
Attempting to cause the woman or her child physical harm;

|. Placing the woman or her child in fear of imminent physical harm;

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e. Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman’s or her child’s freedom of
movement or conduet by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the
wornan or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the
woman’s or her child’s movement or conduct:

1. Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;

2. Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately
providing the woman’s children insufficient financial support;

3. Depriving or threatening to deprive the woman or her child of a
legal right;

4. Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the vietim’s own
mondey or properties, or solely controlling the conjugal or
common money, or properties;

£, Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;

g. Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her
child or her/his immediate family;

h. Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts

1. Stalking or following the woman or her child in public or private
places;

2. Peering in the window or lingering outside the residence of the
woman or her child;

3. Entering or remaining in the dwelling or on the property of the
‘woman or her child against her/his will;

4: Destroying the property and personal belongingness or inflicting
harm to animals or pets of the woman or her chil

5. Engaging in any form of harassment or violence;

i, Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor
children of access to the woman's child/children.

j.. CAUSING ELECTRONIC VIOLENCE AGAINST A. WOMAN OR HER
CHILD; AND

k. THREATENING TO CAUSE ELECTRONIC VIOLENCE AGAINST A
WOMAN OR HER CHILD.

SECTION 4. Section 6 of the law is hereby amended to read as follows:

SEC. 6. Penalties. The crime of violence against women and their children, under
Section 5 hereof shall be punished according to the following rules:

a. Acts falling under Section 5(a) constituting attempted, frustrated or
consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code.


If these acts resulted in mutilation, it shall be punishable in accordance with
the Revised Penal Code; those constituting serious physical injuries shall have
the penalty of prison mayor; those constituting less serious physical injuries
shall be punished by prision correccional; and those constituting slight
physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two
degrees lower than the prescribed penalty for the consummated crime as
specified in the preceding paragraph but shall in no case be lower than arresto
mayor.

Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

Acts falling under Section $(e) shall be punished by prision correccional;

Acts falling under Section 5({) shall be punished by arresto mayor;

Acts falling under Section 5(g) shall be punished by prision mayor;

Acts falling under Section 5(h) and Section 5(i) shall be punished by prision

mayor;

g. ACTS FALLING UNDER SECTION 5(J) SHALL BE PUNISHED BY
PRISION CORRECCIONAL;

h. ACTS FALLING UNDER SECTION 5(K) SHALL BE PUNISHED BY

ARESTO MAYOR.

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If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of penalty
prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less
than One Hundred Thousand Pesos (P100,000.00) but not more than Three Hundred
Thousand Pesos (300,000.00), PROVIDED THAT IF THE VIOLENCE IS E-VAW,
THE FINE THAT MAY BE IMPOSED IS NOT MORE THAN FIVE HUNDRED
THOUSAND PESOS (P500,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.

SECTION 5. Section 8 of the law is hereby amended to read as follows:

SEC. 8, Protection Orders.- A protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman or her child specified in
Section 5 of this Act and granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm, minimizing any
disruption in the life, and facilitating the opportunity and ability of the victim
to independently regain control over her life. The provisions of the protection order shall be
enforced by law enforcement agencies. The protection orders that may be issued under this
Act are the barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:

a. Prohibition of the respondent from threatening to commit or committing, personally
or through another, any of the acts mentioned in Section 5 of this Act;

b. Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;

c. Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated, and if
respondent must remove personal effects from the residence, the court shall direct a
Jaw enforcement agent to accompany the respondent has gathered his things and
escort respondent from the residence;

d. Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the



residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;

¢. Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardless of ownership, and directing the appropriate law
enforcement officer to accompany the petitioner to the residence of the parties to
ensure that the petitioner is safely restored to the possession of the automobile and
other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongingness;

f. Granting a temporary or permanent custody of a child/children to the petitioner:
Directing the respondent to provide support to the woman and/or her child if entitled
to legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld
regularly by the respondent's employer for the same to be automatically remitted
directly to the woman, Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;

h. Prohibition of the respondent from any use or possession of any firearm or dead|
‘weapon and order him to surrender the same to the court for appropriate disposition
by the court, including revocation of license and disqualification to apply for any
license to use or possess a firearm. If the offender is a law enforcement agent, the
court shall order the offender to surrender his firearm and shall direct the appropriate
authority to investigate on the offender and take appropriate action on matter;

i. Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of

income;

Directing the DSWD or any appropriate agency to provide petitioner may need;

Provision of such other forms of relief as the court deems necessary to protect and

provide for the safety of the petitioner and any designated family or household

member, provided petitioner and any designated family or household member
consents to such relief;

1 FOR E-VAW CASES, ORDERING THE IMMEDIATE BLOCKING,
BLACKLISTING, REMOVAL OF ANY UPLOAD, PROGRAM OR
APPLICATION THAT CAUSES OR TENDS TO CAUSE VIOLENCE AGAINST
THE VICTIM

Any of the reliefs provided under this section shall be granted even in the absence of a decree of
legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO or PPO.

SECTION 6. Separability Clause, — If any portion or provision of this Act is declared void and
unconstitutional, the remaining portions or provisions hereof shall not be affected by such
declaration

SECTION 7. Repealing Clause. ~ All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 8, Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspaper of general circulation.

Approved.