HOUN. OF REPE
RECEIVED
pave: 08 AUG 2016

House of Representatibes Foam
@uexon City, leew sorta :
SEVENTEENTH CONGRESS BY:
First Regular Session

2592

Republic of the Bhilippines|

REC’STR
BILLS ax ne

ON LIT

HOUSE BILL NO.

Introduced by Representative Linabelle Ruth R. Villariea

EXPLANATORY NOTE

In the advent of modern technology, mobile phones and other gadgets have become
handy tools in coping with fast-paced lifestyle. These new electronic gadgets are equipped
with clear cameras as well as video cameras for taking pictures. Hence, any individual has
virtually become a photographer or even a videographer by using said electronic gadgets.

The use of these tools also come with great responsibility and it should adhere to the
objective of protecting the rights of women and their children who are vulnerable to abuse by
using modern means of technology.

In the past years, there have been a lot of video and photo scandals with women as
victims circulating in the internet andior the passing of such materials from one mobile phone
to another. It is also a sad fact that usually, the culprit is the partner of the woman victim
whom she loves and trusts.

‘The emotional plights the victims have to go through is appalling and disgusting. Hence,
the need to protect women and children from all forms of electronic violence as defined in
this measure to augment, enhance and fortify laws for the protection of any form of violence
against women particularly “electronic violence as defined in this legislative proposal

This bill aims to protect women and children from all forms of electronic violence and
obviate any creative legal defense that may be used by violators of the law who manipulate
technology to inflict violence against women amend Republic Act No, 9262, otherwise known
as the Anti-Violence Against Women and Their Children Act of 2004 as well as Republic Act
No. 9995 or the “Anti-Photo and Video Voyeurism Act.”

This bill was also exhaustively deliberated upon in the previous congresses and it was
also passed by the House of Representatives during the 16" Congress and likewise
transmitted to the Senate.

Your support and Immediate approval of this bill is therefore earnestly sought.

Pilani

LINABELLE RUTH R. VILLARICA

NT ATMES:



Republic of the Whilippines

House of Representatines
Quenon City, its Avila

SEVENTEENTH CONGRESS
First Regular Session
2592

HOUSE BILL NO.

Introduced by Representative Linabelle Ruth R. Villarica

AN ACT
DEFINING ELECTRONIC VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING PROTECTIVE MEASURES, AND PRESCRIBING PENALTIES, AMENDING
FOR THE PURPOSE REPUBLIC ACT NO, 9262 OTHERWISE KNOWN AS THE ANTI-
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

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

1 SECTION 1. Short Title. - This Act shall be known as the “THE EXPANDED ANTI-VIOLENCE
2 AGAINST WOMEN AND THEIR CHILDREN (E-VAWC) ACT.”
3 SEC. 2. - Section 3, paragraph (a) of Republic Act No. 9262, otherwise known as the Anti-

4 Violence Against Women and Their Children Act of 2004, is hereby amended to read as

5 follows:

6 “SEC. 3. Definition of terms. XXX
7 (a) Xxx

8 A. XXX

9 B. XXX

10 C. XXX

1 D. XXX


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E, 'ELECTRONIC VIOLENCE OR ICT-RELATED VIOLENCE’ REFERS TO ANY ACT OR
OMISSION INVOLVING THE USE OR EXPLOITATION OF DATA OR ANY FORM OF
INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) WHICH CAUSES
OR IS LIKELY TO CAUSE MENTAL, EMOTIONAL, OR PSYCHOLOGICAL DISTRESS
OR SUFFERING TO THE VICTIM, TO INCLUDE THE FOLLOWING:

1, UNAUTHORIZED RECORDING, REPRODUCTION, DISTRIBUTION,
USE, SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR OTHER
FORM OF ELECTRONIC AND/OR ARTISTIC PRESENTATION SHOWING OR
DEPICTING IN ANY FORM OR MANNER THE VICTIM'S GENITALIA, PUBIC AREA,
BUTTOCKS, BREASTS, EXCRETORY BODY PART OR FUNCTION, NUDITY, SCENES
WITH SEXUAL CONTEXT OR PORTRAYAL OF SEXUAL CONDUCT SUCH AS
SEXUAL INTERCOURSE, MASTURBATION, KISSING, CARESSING, HUGGING, AND
PETTING;

2, UNAUTHORIZED RECORDING, REPRODUCTION, DISTRIBUTION,
USE, SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR ANY OTHER
FORM OF ELECTRONIC AND/OR ARTISTIC PRESENTATION EXHIBITING ANY
SEXUALLY-RELATED VERBAL OR NON-VERBAL EXPRESSION OR GESTURE OF
THE VICTIM;

3, UNAUTHORIZED RECORDING, REPRODUCTION, DISTRIBUTION,
USE, SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR ANY OTHER
FORM OF ELECTRONIC AND/OR ARTISTIC PRESENTATION DEPICTING ANY
PURPORTED VIOLENT OR ERRANT BEHAVIOUR OF THE VICTIM OR THE USE OF

INTOXICATING OR PROHIBITED SUBSTANCES OR DRUGS;


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SEC. 3,

4, ANY SIMILAR RECORDING, REPRODUCTION, DISTRIBUTION, USE,
SHARING OR UPLOADING OF ANY AUDIO PRESENTATION AND DATA,
INCLUDING SOUND CLIPS, OF THE SAME NATURE OR SIMILAR TO THOSE
MENTIONED IN SUBSECTION (a) E. 1-3;

5. UNAUTHORIZED USE OF THE VICTIM'S PHOTOGRAPH, VIDEO,
VOICE, NAME OR ANY MARK, REFERENCE OR CHARACTER IDENTIFIABLE WITH
THE VICTIM, AND SUGGESTIVE OF ANY WRONGDOING OR ANY CONDUCT OR
ATTRIBUTE TENDING TO BLACKEN THE REPUTATION OF THE VICTIM;

6. HARASSING OR THREATENING THE VICTIM THROUGH TEXT
MESSAGING OR OTHER CYBER, ELECTRONIC, OR MULTIMEDIA MEANS; AND

7. STALKING WHICH INCLUDES THE HACKING OF PERSONAL
ACCOUNTS ON SOCIAL NETWORKING SITES AND THE USE OF LOCATION DATA
FROM ELECTRONIC DEVICES.

Section 5 of Republic Act No, 9262 is hereby amended to read as follows:
"SEC. 5. Acts of Violence Against Women and their Children. - XXX

fa) Xxx

(b) Xxx

(©) Xxx

(d) xxx

{e) Xxx

(f) xxx

(g) Xxx

(h) xxx

(i) Xxx


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SEC.

(J) CAUSING ELECTRONIC VIOLENCE AGAINST A WOMAN OR HER CHILD; AND
(Kk) THREATENING TO CAUSE ELECTRONIC VIOLENCE AGAINST A WOMAN OR

HER CHILD.”

4. Section 6 of Republic Act No. 9262 is hereby amended to read as follows:

“SEC. 6. Penalties. ~ XXX

(a) xxx

(b) xxx

(c) Xxx

(d) Xxx

(e) xxx

(f) xxx

(G) ACTS FALLING UNDER SECTION 5(J) SHALL BE PUNISHED BY PRISION
CORRECCIONAL; AND

(H) ACTS FALLING UNDER SECTION 5(K) SHALL BE PUNISHED BY ARRESTO
MAYOR.

“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 this section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the
amount of not less than One hundred thousand pesos (P'100,000.00) but not
more than Three hundred thousand pesos (300,000.00), PROVIDED, THAT, IN
CASES OF ELECTRONIC VIOLENCE, THE FINE THAT MAY BE IMPOSED SHALL
NOT BE LESS THAN THREE HUNDRED THOUSAND PESOS (PHP300,000.00) BUT
NOT MORE THAN FIVE HUNDRED THOUSAND PESOS (PHP 500,000.00); (b)

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undergo mandatory psychological counseling or psychiatric treatment and

shall report compliance to the court.”

SEC. 5. Section 7 of Republic Act No. 9262 is hereby amended to read as follows:

"SEC. 7. Venue.- The Regional Trial Court designated as a Family Court

shall have original and exclusive jurisdiction over cases of violence against

women and their children under this law. In the absence of such court in the
place where the offense was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements was committed at the
option of the complainant. IN CASES OF ELECTRONIC VIOLENCE, THE CASE MAY
BE FILED IN THE PLACE WHERE THE COMPLAINANT RESIDES AT THE TIME OF

THE COMMISSION OF THE OFFENSE.”

SEC. 6. Section 8 of Republic Act No. 9262 is hereby amended as follows:

"SEC. 8, Protection Orders — XXX
{a) Xxx
(b) xxx
(6) xxx
(d) Xxx
(e) Xxx
(f) xXx
(8) XXX
(h) Xxx
(i) xxx
(i) Xxx

(k) Xxx


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SEC. 7.

SEC. 8.

{L) FOR E-VAWC CASES, ORDERING THE IMMEDIATE BLOCKING, BLACKLISTING,
REMOVAL, OR SHUTDOWN OF ANY UPLOAD, PROGRAM, OR APPLICATION
THAT CAUSES OR TENDS TO CAUSE VIOLENCE AGAINST THE VICTIM.”

Section 39 of Republic Act No. 9262 is hereby amended as follows:

“SEC. 39. Inter-Agency Council on Violence Against Women and Their Children

(IAC-VAWC). XXX

(a) xxx

{b) xXx

(c) xXx

(d) xxx

fe) Xxx

(f) xXx

(8) Xxx

{h) Xxx

(i) xxx

(i) XXX

{k) XXX

(xxx

(m) MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD
(MTRCB);”

(N) DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST) ; AND

(0) NATIONAL TELECOMMUNICATIONS COMMISSION (NTC).

XXX

Section 40 of Republic Act No. 9262 is hereby amended to read as follows:


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SEC, 9. Section 43 of Republic Act No. 9262 is hereby amended to read as follows:

“SEC, 40. Mandatory Programs and Services for Victims. - The DSWD, and LGUs
shall provide the victims temporary shelters, provide counseling, psycho-social
services and/or recovery, rehabilitation programs, and livelihood assistance.

The DOH shall provide medical assistance to victims.

THE DOJ SHALL ESTABLISH AND ADMINISTER AN ADDRESS
CONFIDENTIALITY PROGRAM WHICH SHALL BE REFERRED TO AS THE
“PROGRAM” WHICH SHALL ENSURE THE PROTECTION AND SAFETY OF EVAWC
VICTIMS BY PROVIDING THEM WITH SUBSTITUTE ADDRESS TO BE USED WHEN
INTERACTING WITH GOVERNMENT AGENCIES AND A NEW MAILING ADDRESS
WHICH KEEPS THEIR ACTUAL ADDRESS CONFIDENTIAL AND FREE FROM THE
RISK OF DISCOVERY BY THIRD PARTIES. THE PROGRAM SHALL CATER TO
VICTIMS WHO INTEND TO ESTABLISH A NEW RESIDENCE AND THOSE WHO
HAVE ALREADY RELOCATED TO ANOTHER PLACE UNKNOWN TO THEIR
ASSAILANTS OR ABUSERS WHO MAY USE PUBLIC RECORDS TO FIND THEM.”

IN THIS REGARD, THE APPLICATION FOR INCLUSION IN THE PROGRAM
‘AS WELL AS OTHER SUPPORTING DOCUMENTS SUBMITTED BY A VICTIM SHALL
NOT BE CONSIDERED AS PUBLIC RECORD AND SHALL BE KEPT CONFIDENTIAL
BY THE DOJ. ANY EMPLOYEE WHO WILLFULLY BREACHES THE
CONFIDENTIALITY OF THESE RECORDS OR WILLFULLY DISCLOSES THE NAME,
RESIDENTIAL OR MAILING ADDRESS OF A VICTIM IN VIOLATION OF THIS
PROVISION SHALL SUFFER THE PENALTY OF ONE (1) YEAR IMPRISONMENT
AND A FINE OF NOT MORE THAN FIVE HUNDRED THOUSAND PESOS

(P500,000.00)..



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"SEC. 43. [Entitlement to Leave. Victims under this Act shall be entitled
to take a paid leave of absence up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and Regulations,

extendible when the necessity arises as sp

ied in the protection order.

Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the Labor Code
and the Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this Act
shall likewise be liable for discrimination.]- TEN (10)-DAY PAID LEAVE IN
ADDITION TO OTHER LEAVE BENEFITS - ANY TIME DURING THE APPLICATION
OF ANY PROTECTION ORDER, INVESTIGATION, PROSECUTION, AND/OR TRIAL
OF THE CRIMINAL CASE, A VICTIM OF VAWC WHO IS EMPLOYED SHALL BE
ENTITLED TO A PAID LEAVE OF UP TO TEN (10) DAYS IN ADDITION TO OTHER
PAID LEAVES UNDER THE LABOR CODE, CIVIL SERVICE RULES AND
REGULATIONS AND OTHER EXISTING LAWS AND COMPANY POLICIES,
EXTENDIBLE WHEN THE NECESSITY ARISES AS SPECIFIED IN THE PROTECTION
ORDER. THE PUNONG BARANGAY/KAGAWAD OR PROSECUTOR OR THE CLERK
OF COURT, AS THE CASE MAY BE, SHALL ISSUE A CERTIFICATION, AT NO COST
TO THE WOMAN, THAT SUCH AN ACTION IS PENDING. THIS CERTIFICATION
SHALL BE THE ONLY REQUIREMENT FOR THE EMPLOYER TO GRANT THE TEN
(10)-DAY PAID LEAVE APPLICATION. FOR GOVERNMENT EMPLOYEES, IN
ADDITION TO THE AFOREMENTIONED CERTIFICATION, THE EMPLOYEE
CONCERNED MUST FILE AN APPLICATION FOR LEAVE, CITING AS BASIS R.A.

9262. THE ADMINISTRATIVE ENFORCEMENT OF THIS LEAVE ENTITLEMENT


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SHALL BE CONSIDERED WITHIN THE JURISDICTION OF THE REGIONAL
DIRECTOR OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) UNDER
ARTICLE 129 OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED, FOR
EMPLOYEES IN THE PRIVATE SECTOR, AND THE CIVIL SERVICE COMMISSION
(CSC), FOR GOVERNMENT EMPLOYEES.

THE AVAILMENT OF THE TEN (10) -DAY LEAVE OF ABSENCE SHALL BE AT
THE OPTION OF THE WOMAN EMPLOYEE, WHICH SHALL COVER THE DAYS
THAT SHE HAS TO ATTEND TO MEDICAL AND LEGAL CONCERNS. LEAVES NOT
AVAILED OF ARE NON-CUMULATIVE AND NOT CONVERTIBLE TO CASH.

‘THE IMMEDIATE SUPERIOR OF THE PERSON APPLYING FOR A TEN (10)-
DAY PAID LEAVE MUST APPROVE THE APPLICATION ON THE SAME DAY OF
APPLICATION. IF THE IMMEDIATE SUPERIOR IS UNAVAILABLE TO ACT ON THE
APPLICATION FOR A LEAVE, THE APPLICATION SHALL BE ACTED UPON BY ANY
AVAILABLE SENIOR OFFICIAL OF THE PRIVATE COMPANY OR GOVERNMENT
AGENCY.

EVERY PRIVATE COMPANY AND GOVERNMENT AGENCY SHALL RECORD
ALL APPLICATIONS FOR LEAVE IN A LOGBOOK SPECIFICALLY FOR CASES OF
VAWC. THEY SHALL SUBMIT A QUARTERLY REPORT OF ALL APPLICATIONS
ISSUED TO THE REGIONAL DIRECTOR OF THE DOLE FOR EMPLOYEES OF THE
PRIVATE SECTOR, AND THE CSC, FOR GOVERNMENT EMPLOYEES.

FAILURE TO ACT ON AN APPLICATION FOR A TEN (10)-DAY PAID LEAVE
OF ABSENCE WITHIN THE GIVEN PERIOD WITHOUT JUSTIFIABLE CAUSE SHALL
RENDER THE IMMEDIATE SUPERIOR OR SENIOR OFFICIAL ADMINISTRATIVELY

LIABLE, AND THE PENALTY OF SUSPENSION FOR FIFTEEN (15) DAYS SHALL BE


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IMPOSED UPON THE OFFICIAL. AN ADMINISTRATIVE COMPLAINT AGAINST THE
IMMEDIATE SUPERIOR OR SENIOR OFFICIAL FOR FAILURE TO PERFORM ONE'S
DUTIES CAN BE FILED BY A VICTIM-SURVIVOR WITH THE REGIONAL DIRECTOR
OF THE DOLE FOR EMPLOYEES OF THE PRIVATE SECTOR, AND THE CSC, FOR
GOVERNMENT EMPLOYEES, FOR GROSS NEGLECT OF DUTY OR MALFEASANCE.

THE IMMEDIATE SUPERIOR OR SENIOR OFFICIAL WHO DENIES THE
APPLICATION FOR LEAVE, AND WHO SHALL PREJUDICE THE VICTIM-SURVIVOR
OR ANY PERSON FOR ASSISTING A CO-EMPLOYEE WHO IS A VICTIM-SURVIVOR
UNDER THE ACT SHALL BE LIABLE FOR A FINE NOT EXCEEDING TEN THOUSAND
PESOS (P10,000.00) AND SUSPENSION FOR THIRTY (30) DAYS FOR
DISCRIMINATION AND VIOLATION OF R.A. 9262.

ANY SENIOR OFFICIAL WHO HAS KNOWLEDGE OF, BUT FAILED TO ACT
ON, OR HAS IN ANY WAY INFLUENCED, THE DENIAL OF THE IMMEDIATE
SUPERIOR TO GRANT LEAVE TO A VICTIM-SURVIVOR SHALL BE HELD
ADMINISTRATIVELY LIABLE AND THE PENALTY OF SUSPENSION FOR FIFTEEN

(15) DAYS SHALL BE IMPOSED ON THE OFFICIAL.”

SEC. 10. Separability Clause. if any portion or provision of this Act is held unconstitutional or
invalid, the remaining portions or provisions shall not be affected.
SEC. 11, Repealing Clause. All laws, decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 12. Effectivity. This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in a newspaper of general circulation.

Approved.

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