Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTTEENTH CONGRESS
First Regular Session

House Bill No. _120

Introduced by Representative JUAN MIGUEL MACAPAGAL ARROYO

AN ACT
PROHIBITING HARASSMENT AND INVASION OF PRIVACY FOR
COMMMERCIAL PURPOSES

EXPLANATORY NOTE

Section 5, 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.”

One important aspect covered by this particular provision of the
Constitution is the privacy of individuals and their families which have been
violated, time and again, by unscrupulous photographers, videographers and
audio recorders who physically trespass in order to capture images or other
reproductions of their private lives for commercial purposes. Some though have
taken advantage of available high-tech gadgets with very intrusive modern visual
or auditory enhancement devices, such as powerful telephone lenses and
hyperbolic microphones that enable invasion of private areas, to take the act of
trespassing to a whole new and different level

Due to these developments, 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.

With this bill, adequate protection will be given individuals, be they public
or private, from personal intrusion for commercial purposes and also against
intrusions on their privacy due to activities undertaken in connection with the
reproduction and broadcast of their private activities.

In view of the foregoing, we earnestly appeal for the immediate approval
of this bill.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

120

House Bill No.

Introduced by Representative JUAN MIGUEL MACAPAGAL ARROYO

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 of’ .”

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

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

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

(8) ‘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
shall commit harassment against another for commercial purposes shall suffer
the penalty of.

(A)Reclusion temporal and a fine of Fifty Thousand Pesos
(P50,000.00), if death is proximately caused by such harassment;

(B) Prison mayor and a fine of Twenty Thousand Pesos (P20,000.00),
if seriously bodily injury is proximately caused by such harassment;
and

(C)Arresto mayor and a fine of One Thousand Pesos (P1,000.00), if
neither death nor serious bodily injury is proximately caused by
such harassment.


SECTION 5. Persons Criminally Liable.- Only persons physically present
at the time of, and engaging in or assisting another in engaging, the commission
of the act penalized under Section 4 hereof shall be subject to criminal or civil
liability under this Act.

A person shall not be subject to such violation by reason of the conduct of
an agent, employee, or contractor of that person of 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 provision, 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 after its publication in the Official Gazette or at least two (2) newspapers of
general circulation.

Approved,