Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

House Bit No8364

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROHIBITING HARASSMENT AND INVASION OF PRIVACY
FOR COMMERCIAL PURPOSES

The Constitution, Article Il, Section 11 provides that “the State shall value the dignity of
every human person.” Further, the Civil Code, Article 26 provides that “every person shall
respect the dignity, personality, privacy and peace of mind of his neighbors and other
persons.”

The right to privacy is not an absolute right. A limited intrusion into a person's privacy is
permissible where that person is a public figure and the information sought to be elicited
from him or to be published about him constitute matters of a public character. This
does not include cases where intrusion into the private lives of individuals and their
families already endanger their lives or cause them injury. Neither does it allow
harassment that threatens even private persons and their families.

The right to privacy of individuals and their families could be violated by photographers,
cameramen, and persons with audio recorders attempting to capture images or other
reproductions of their private lives for commercial purposes. Journalists could
persistently follow or chase them in a manner that puts them in reasonable fear of bodily
injury, and in danger of serious bodily injury or even death.

This bill seeks to protect individuals and their families by prohibiting unwarranted
harassment or invasion of privacy for commercial purposes.

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LUIS RAYMU MLRAY” ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No. 8364

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROHIBITING HARASSMENT AND INVASION OF PRIVACY
FOR COMMERCIAL PURPOSES.

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.”

SECTION 2. Declaration of Policy. — It is a declared policy of the State to protect public
and private individuals against unwarranted harassment and invasion of privacy for
commercial purposes.

SECTION 3. Definition of Terms. — For the purpose of this Act, the term:

(A) “For commercial purposes” means with the exceptions of sale, financial gain, or
other consideration;

(B) “Harassment” means the act of persistently and physically following or chasing a
person in a manner that causes the person to have a reasonable fear of bodily injury,
in order to capture by a visual or auditory recording instrument any type of visual
image, sound recording or other physical impression of the person for commercial
purposes.

SECTION 4. Harassment for Commercial Purposes. — Any person who harasses another

for commercial purposes, shall be guilty of this crime and shall be imposed:

(A) The penalty of reclusion temporal, and a fine of fifty thousand pesos, if death is
proximately caused by such harassment;

(B) The penalty of prision mayor, and a fine of twenty thousand pesos, if serious bodily
injury is proximately caused by such harassment; and

(C) The penalty of arresto mayor, and a fine of one thousand pesos, if neither death nor


serious bodily injury is proximately caused by such harassment.

SECTION 5. Persons Criminally Liable. — Only person physically present at the time of,
and engaging or assisting another in engaging in, a violation of this Act is subject to
criminal charges or civil liability under this section.

A person shall not be subject to such charge or 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.

SECTION 6. Limitation on Defenses. — It is not a defense to a prosecution or civil action
that:

(A) No image or recording was captured; or

(B) No image or recording was sold.

SECTION 7. Exception. - The provisions of this Act shall not apply with respect to official
law enforcement activities.

SECTION 8. Separability Clause. — If any provisions, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 9. 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.

SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15) days afer its
publication in at least two (2) newspapers of general circulation.

Approved,