Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 5093

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT

DEFINING THE CRIME OF STALKING AND PROVIDING THE PENALTIES
THEREFOR

EXPLANATORY NOTE

it is mandated in the Constitution that the State should uphold human
rights, including the dignity of every human person, and the right of the peopte to
be secure in their persons, houses, papers, against unreasonable searches and
seizures of whatever nature and for any purpose.

Republic Act No. 386 or the Civil Code of the Philippines provides in
Article 26 that “Every person shall respect the dignity, personality, privacy and
peace of mind of his neighbors and other persons. The following and similar
acts, though they may not constitute a criminal offense, shail produce a cause of
action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private fife or family
relations of another,

(3) Intriguing to cause another to be alienated from his friends;


(4) Vexing or humiliating another on account of his religious beliefs,
lowly station in life, place of birth, physical defect, or other personal
condition.”

The act of stalking or its accompanying behavior is a violation of such
legal rights since it involves harassing, bothering, frightening and interfering with
people's private lives. Said act is a form of disguised intimidation which may be
a subtle attempt at harassment.

Our present civil and criminal remedies are insufficient in preventing the
commission of such act. This bill therefore, seeks to define and penalize acts
constituting the crime of stalking.

We therefore enjoin our colleagues to ensure the swift passage into law of
this proposed measure.

DIOSDADO \GAL ARROYO GLORIA APAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5099

House Bill No,

SECTION 1. Short Title. - This Act shall be known as the “Anti-Statking
Act of 2011.”

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the
State to penalize stalking acts which violate the right of every person to privacy.

SECTION 3. Definition of Terms. -

(a) "Harasses" means to engage in a knowing and willful conduct that -
(1) is directed at a particular person; and
(2) seriously alarms, disturbs, or terrorizes the person, and
(3) serves no legitimate purpose; and

(4) would cause a reasonable person to surer substantial emotional
distress; and


(5) in fact causes substantial emotional stress to the person.

(b) “Course of conduct" means a pattem of conduct composed of a series
of acts over a period of time, however short, evidencing a continuity of
purpose.

Constitutionally-protected activity is not included within the meaning of
“course of conduct."

(c) “Credible threat" means a threat made with the intent to cause the
person who is the target to reasonably fear his or her safety. The threat
must be against the life of. or a threat to cause bodily injury to, a person.

(d) "Emotional distress" means temporary or permanent state of great
physical or mental strain.

(e) “Family or household member" means spouses, or persons who have
been spouses, persons living as spouses or who lived as spouses,
Parents and children, other persons related by consanguinity or affinity
within the fourth degree, current or former live-in partners or persons who
share biological parenthood.

SECTION 4. Punishable Acts. — A person commits stalking when be or
she harasses another by:

(a) making repeated unsoficited telephone calls without the purpose of
legitimate communication; or

{b) making repeated communications anonymously or at extremely
inconvenient hours, of in offensively course language; or

(c) making repeated visits to the victim's home or workplace; or

(d) following or repeatedly maintaining visual or physical proximity to the
victim in or about a public place or places; or

{e) engaging in any other course of alarming conduct.

SECTION 5. Penalty. — Any person who commits any of the acts
mentioned in Section 4 shail be punished by Aresto Mayor in its maximum
period to Prison Correccional in its minimum period or a fine ranging from
P1,000.00 to P 5,000.00 pesos.

If the offender subsequently commits the same crime or is a family or
household member of the victim, the next higher penalty shalt be imposed.


SECTION 6. Separability Clause. ~ If any provision, or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shail remain vatid and subsisting.

SECTION 7. Repealing Clause. - Any law, presidential decree or
issuance, executive order, rule or regulation contrary to, or inconsistent with, the
Provisions of this Act is hereby repealed, modified, or amended accordingly.

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

Approved,