Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 479

Introduced by

REP. ARLENE D. BROSAS (Gabriela Women's Party),
REP, FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |, ELAGO (Kabataan Partylist),
REPS, EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

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 Republic Act 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 RA 9262. Not a few women were protected by this law.

In.2008, a video scandal involving famous actress Katrina Iren P. Halll, a.k.a. Katrina Halli, broke out. In the course
of the trial of the complaintsggviolation of RA 9262 filed by Katrina Halll against her lover Hayden Kho, the
arguments centered on whether the videotaping of their sexual act was consented or not by Katrina Halli and on
whether there was a law that was violated by such an act of videotaping. In many respects, the Katrina Halli case
and the video scandal involving another actress, Rhian Ramos, showed the apparent inadequacy of RA 9262 to
cover the form of violence inflicted by persons whom they had sexual or dating relationship.

Despite the passage of the Anti-Photo and Video Voyeurism Act of 2009 (R.A. $995), the special relationship
‘component among parties in RA 9262 was not taken into account. And while itis not dificult to see that in this age
and time and given its speed and reach, the intemet and communications technology can cause extensive damage
and violence which are often indelible in nature. Itis also regrettable that RA 2962 failed to positively mention the
existence of this form of violence now known as electronic violence against women or EVAW.

Itis 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 orikely to cause mental, emotional or psychological distress or suffering tothe victim. Itincludes, 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, including the hacking of personal accounts on social networking sites;

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;

6. Fabrication of fake information of news through text messaging or other cyber, electronic, or
multimedia technology; and

7. Creation of fake social media accounts using an alias or a different individual's personal
information will ill intent and malice, to sow intrigue or inflict harm.

The proposed positive inclusion of EVAW in the law is designed to protect women and their children, and penalize
violators ofthe law who manipulate and take advantage of technology to inflict violence. In this growing technology-
dependent society, itis our beholden duty to also update our laws in order to address the fast-changing realities and
means of commission of crimes. Itis in this light that we believe that the proposed amendments to RA 9262 are

necessary.

In addition, we spell out more specific penalties for superiors, both in the private and public employment, who deny
the availment of the additional ten (10) day leave for survivors of VAW to attend to their medical and legal concerns.
In the years following the enactment of the Anti-VAW law, denial of the 10 day VAWC leave have been reported
and the violators remain unsanctioned.

Gabriela Women's Party filed this proposed measure in the 15", 16" and 17 Congresses, and was eventually
passed by the House of Representatives on Third Reading during the 17% Congress. Moreover, the
Committee on Women and Gender Equality has conducted extensive deliberations on this measure,


In view of the foregoing, the passage of this billis earnestly sought.

“
IE Q/BROSAS
Gabriela Women’s Party

"A

INAND R.-GAITE Maaaish 35 EUFEMIA C. CULLAMAT
Bayan Muna Partylist Bayan Marfa Partylist Bayan Muna Partylist

} Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

479
HOUSE BILL NO.

Introduced by
REP, ARLENE D. BROSAS (Gabriela Women’s Party),

REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),

REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

AN ACT
DEFINING ELECTRONIC VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING PROTECTIVE MEASURES, AND PRESCRIBING PENALTIES FOR
VIOLATIONS THEREOF, 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:

SECTION 1. Short Title. - This Act shall be known as the “EXPANDED ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN (E-VAWC) ACT.”

SEC. 2. - Section 3, paragraph (a) of Republic Act No. 9262, otherwise known as the Anti-Violence Against Women
and Their Children Act of 2004, is hereby amended to read as follows:

"SEC. 3. Definition of terms. XXX
a. XXX
A.XXX
B. XXX
C. "Psychological violence" refers to acts or omissions THAT MAY BE COMMITTED THROUGH
PHYSICAL, VERBAL, EMOTIONAL, ELECTRONIC OR INFORMATION COMMUNICATION TECHNOLOGY
(ICT) - RELATED MEANS, OR OTHER MEANS causing or likely to cause mental or emotional suffering of
{the victim] A WOMAN AND HER CHILDREN such as [but not limited to] intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, [repeated] verbal abuse and marital infidelity. It includes
THE ACT OF causing or [allowing the victim] COERCING A WOMAN AND HER CHILDREN to witness the
physical, sexual or psychological abuse of a member of the family to which the [victim] WOMAN AND HER
CHILDREN belong[s], 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 andior visitation of common children,

D. XXX

E. ELECTRONIC 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 WHICH CAUSES OR IS LIKELY TO CAUSE MENTAL,

EMOTIONAL, OR PSYCHOLOGICAL DISTRESS OR SUFFERING TO THE WOMAN AND HER

CHILDREN, TO INCLUDE THE FOLLOWING:

4. 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
GENITALIA OF A WOMAN AND THOSE OF HER CHILDREN'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;
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 WOMAN AND HER CHILDREN WHICH MAY BE
CONSTRUED AS LEWD, INDECENT OR OBSCENE;

|. UNAUTHORIZED RECORDING, REPRODUCTION, DISTRIBUTION, USE, SHARING OR

UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR ANY OTHER FORM OF ELECTRONIC OR
ARTISTIC PRESENTATION DEPICTING ANY PURPORTED VIOLENT OR ERRANT BEHAVIOUR
OF THE WOMAN AND HER CHILDREN, OR THE USE OF INTOXICATING OR PROHIBITED
SUBSTANCES OR DRUGS;

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

UNAUTHORIZED USE OF A PHOTOGRAPH, VIDEO, VOICE RECORDING, NAME OR ANY
MARK, REFERENCE OR CHARACTER IDENTIFIABLE WITH A WOMAN AND HER CHILDREN
AND SUGGESTIVE OF A WRONGDOING, CONDUCT OR ATTRIBUTE THAT TENDS TO
BESMIRCH THE REPUTATION OF THE WOMAN AND HER CHILDREN;

HARASSING, INTIMIDATING, COERCING, THREATENING OR VILLIFYING THE WOMAN AND
HER CHILDREN THROUGH TEXT MESSAGING OR OTHER CYBER, ELECTRONIC, OR
MULTIMEDIA TECHNOLOGY;

. STALKING, INCLUDING THE HACKING OF PERSONAL ACCOUNTS ON SOCIAL NETWORKING

SITES AND THE USE OF LOCATION DATA FROM ELECTRONIC DEVICES;

. FABRICATION OF FAKE INFORMATION OR NEWS THROUGH TEXT MESSAGING OR OTHER

CYBER, ELECTRONIC, OR MULTIMEDIA TECHNOLOGY; AND

CREATION OF FAKE SOCIAL MEDIA ACCOUNTS USING AN ALIAS OR A DIFFERENT
INDIVIDUAL’S PERSONAL INFORMATION WITH ILL INTENT AND MALICE, TO SOW INTRIGUE
OR INFLICT HARM.”

SEC. 3. 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

Oo

RONATe>ea9TD

XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX

| Destroying the property and personal belongings or inflicting harm to animals or pets of the woman [or]

AND her child; [and]
XXX

. UNAUTHORIZED RECORDING, REPRODUCING OR DISTRIBUTING OF VIDEOS WHICH ARE

SHOWING THE WOMAN AND HER CHILDREN’S NAKED OR IN THEIR UNDERGARMENT CLAD
GENITALS, PUBIC AREA, BUTTOCKS OR BREASTS;

SHARING WITHOUT THE CONSENT OF A WOMAN AND HER CHILDREN, ANY MEDIA THAT
CONTAIN PICTURES, VOICE RECORDING OR VIDEO OF THE WOMAN AND HER CHILDREN WHICH
MAYBE CONSTRUED AS LEWD, INDECENT OR OF SEXUAL CONTENT; AND

USING THE PICTURES, VIDEO, VOICE NAME OR ANY OTHER ASPECT OF THE IDENTITY OF A
WOMAN AND HER CHILDREN WITHOUT PERMISSION AND FOR MALICIOUS PURPOSES.


INCLUDING BUT NOT LIMITED TO PORNOGRAPHY, AND OTHER VIOLATIONS STIPULATED IN
REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE "CYBER CRIME PREVENTION ACT OF
2012".

XXX

(J) INFLICTING ELECTRONIC VIOLENCE AGAINST A WOMAN AND HER CHILDREN; AND

(kK) THREATENING TO CAUSE ELECTRONIC VIOLENCE AGAINST A WOMAN AND HER
CHILDREN.”

SEC. 4, Section 6 of Republic Act No. 9262 is hereby amended to read as follows:
“SEC. 6. Penalties. - XXX

meeagce

XXX
XXX
XXX
XXX
XXX
XXX
(G) ACTS FALLING UNDER SECTION 5(J) AND 5 (K) SHALL BE PUNISHED BY PRISION
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] THREE hundred thousand pesos ([P100,000.00]P300,000.00) but not more than [Three] FIVE
hundred thousand pesos ([P300,000.00]P500,000.00), PROVIDED, THAT, IN CASES INVOLVING
ELECTRONIC OR ICT-RELATED 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); AND (b) 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 OR ICT-RELATED VIOLENCE, THE CASE MAY BE
FILED IN THE PLACE WHERE THE COMPLAINANT RESIDED AT THE TIME THE WOMAN AND
HER CHILDREN LEARNED OF THE COMMISSION OF THE OFFENSE.”

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

a

"SEC. 8, Protection Orders - XXX
XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX, [and]
XXX; AND


(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 A WOMAN AND HER CHILDREN. FAILURE OF THE INTERNET
SERVICE PROVIDERS TO COOPERATE WITH LAW ENFORCEMENT AGENCIES
CONSTITUTES THE CRIME OF OBSTRUCTION OF JUSTICE. THE DUTIES OF THE INTERNET
SERVICE PROVIDERS AS PROVIDED FOR UNDER SECTION 9 OF REPUBLIC ACT NO. 9775,
OTHERWISE KNOWN AS THE “ANTI-CHILD PORNOGRAPHY ACT OF 2009" SHALL BE
APPLICABLE.”

XXX

SEC. 7. Section 24 of Republic Act No. 9262 is hereby amended as follows:

“SEC. 24. Prescriptive Period. — Acts falling under Sections 5 (a) to 5 (f) shall prescribe in twenty (20) years.
‘Acts faling under Sections 5 (a) to 5 (i) shall prescribe in ten (10) years. ACTS FALLING UNDER SECTION
5 (J) AND (K) SHALL PRESCRIBE IN FIFTEEN (15) YEARS.”

SEC. 8. Section 39 of Republic Act No. 9262 is hereby amended as follows.

rere sepa

“SEC. 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). XXX
XXX

. [National Commission on the Role of Filipino Women (NCRFW)] PHILIPPINE COMMISSION ON

WOMEN (PCW);
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX

XXX

XXX; [and]

MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB);

DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST) ;

). NATIONAL TELECOMMUNICATIONS COMMISSION (NTC);

DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT);

DEPARTMENT OF FOREIGN AFFAIRS (DFA);

COMMISSSION ON FILIPINOS OVERSEAS (CFO); AND

. TWO (2) REPRESENTATIVES FROM CIVIL SOCIETY ORGANIZATIONS (CSOs) WITH
PROVEN TRACK RECORD OF INVOLVEMENT IN THE PREVENTION AND ELIMINATION
OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (VAWC) WHO SHALL BE
CHOSEN BY THE GOVERNMENT AGENCY REPRESENTATIVES OF THE COUNCIL TO
SERVE A TERM OF THREE (3) YEARS;”

onmovoz=

XXX

SEC. 9. Section 40 of Republic Act No. 9262 is hereby amended to read as follows:

"SEC. 40. Mandatory Programs and Services for [Victims] WOMEN AND THEIR CHILDREN. - The
DSWD, and LGUs shall provide the [victims] WOMEN AND THEIR CHILDREN temporary shelters,
provide counseling, psycho-social services andlor recovery, rehabilitation programs, and livelinood
assistance.

The DOH shall provide medical assistance to [victims] WOMEN AND THEIR CHILDREN

THE DSWD, LGUs AND DOH SHALL ENSURE THAT ALL RECORDS OF A WOMAN AND
HER CHILDREN OBTAINED IN CONNECTION WITH THE PROVISIONING OF SUCH SERVICES


BY THE AGENCIES SHALL BE HELD CONFIDENTIAL UNLESS THERE IS A COURT ORDER
AUTHORIZING THE RELEASE OF ANY INFORMATION OR DATA.

THE DOJ SHALL ESTABLISH AND ADMINISTER AN IDENTITY AND LOCATION
CONFIDENTIALITY PROGRAM TO BE REFERRED TO AS THE "PROGRAM", WHICH SHALL
ENSURE THE PROTECTION AND SAFETY OF WOMEN AND THEIR CHILDREN BY PROVIDING
THEM WITH A SUBSTITUTE ADDRESS TO BE USED WHEN INTERACTING WITH
GOVERNMENT AGENCIES AND A NEW MAILING ADDRESS TO KEEP THEIR ACTUAL
WHEREABOUTS CONFIDENTIAL AND FREE FROM THE RISK OF DISCOVERY BY THIRD
PARTIES. THE PROGRAM SHALL CATER TO WOMEN AND THEIR CHILDREN WHO INTEND
TO ESTABLISH A NEW RESIDENCE OR 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 WOMEN AND THEIR CHILDREN SHALL
NOT BE CONSIDERED AS PUBLIC RECORD AND SHALL BE KEPT CONFIDENTIAL BY THE
DOJ AND SHALL ONLY BE RELEASED UPON THE ORDER OF THE COURT,

ANY OFFICIAL OR EMPLOYEE WHO WILLFULLY BREACHES THE CONFIDENTIALITY
OF THESE RECORDS OR WILLFULLY DISCLOSES THE NAME, RESIDENTIAL OR MAILING
ADDRESS OF A WOMAN AND HER CHILDREN IN VIOLATION OF THIS PROVISION, SHALL.
SUFFER THE PENALTY OF ONE (1) YEAR IMPRISONMENT AND A FINE OF NOT LESS THAN
THREE HUNDRED THOUSAND PESOS (P300,000.00) BUT NOT MORE THAN FIVE HUNDRED
THOUSAND PESOS (P500,000.00).”

SEC. 10, Section 43 of Republic Act No. 9262 is hereby amended to read as follows:

"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 specified 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
isa victim under this Act shall ikewise be liable for discrimination. | - "TEN (10)-DAY PAID LEAVE IN
ADDITION TO OTHER LEAVE BENEFITS - DURING THE APPLICATION OF ANY PROTECTION
ORDER, INVESTIGATION, PROSECUTION, ANDIOR TRIAL OF THE CRIMINAL CASE, A VICTIM
OF E-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, PNP WOMEN’S AND CHILDREN'S DESKS OR
PROSECUTOR OR THE CLERK OF COURT, PHYSICIANS, SOCIAL WORKERS, AND LICENSED
COUNSELORS AS THE CASE MAY BE, SHALL ISSUE A CERTIFICATION, AT NO COST TO THE
WOMAN, THAT SUCH IS PENDING UNDER THEIR JURISDICTION. 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 THIS ACT. THE ADMINISTRATIVE ENFORCEMENT OF
THIS LEAVE ENTITLEMENT 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, AND IT SHALL COVER THE DAYS THAT SHE HAS TO
ATTEND TO MEDICAL, LEGAL, AND OTHER VALID CONCERNS RELATED TO THE PENDING
CASE. 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 THAT IT WAS FILED. 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.

ALL PRIVATE COMPANIES AND GOVERNMENT AGENCIES SHALL RECORD ALL
APPLICATIONS FOR LEAVE IN A LOGBOOK SPECIFICALLY FOR CASES OF VAWC. THEY
SHALL SUBMIT A QUARTERLY REPORT ON ALL APPLICATIONS FILED 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 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 THIS ACT.

ANY SENIOR OFFICIAL, INCLUDING THE HEAD OF THE AGENCY, WHO HAS
KNOWLEDGE OF, BUT FAILS 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. 11. Separabilty Clause. If any portion or provision of this Act is held unconstitutional or invalid, the remaining
portions or provisions shall not be affected

SEC. 12. Repealing Clause. All aws, decrees, executive orders and rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 13, Effectivty. This Act shall take effect ffteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,