FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 
Introduced by Senator FRANCIS N. PANGILINAN 
EXPLANATORY NOTE 
There is an alarming upsurge of criminality in the country brought about 
partly by the employment of stalking methods in the commission of extortion and 
terrorism. This can be attributed to the fact that there is no law at present 
defining and penalizing the act of stalking. Existing Philippine criminal and civil 
remedies do not adequately address and punish stalking and all of its peculiar 
devises. 
There is basis, however, for penalizing the act of stalking. The Philippine 
Constitution, the primordial law of the land, recognizes the dignity of every 
human person. Article II, Section I I 
of the 1987 Constitution provides that: “The 
State values the dignity of every human person and guarantees full respect for 
human rights”. 
Article II, Section 5 thereof further provides that “The 
maintenance of peace and order, the protection of life, liberty, and property, and 
the promotion of the general welfare are essential for the enjoyment by all people 
of the blessings of democracy”. On the other hand the International Covenant 
on Civil and Political Rights and The Universal Declaration of Human Rights 
recognizes every person’s right against unlawful and arbitrary interference with 
his privacy, and attacks against his honor and reputation, peace of mind and 
security of person. 
To implement this Constitutional directive and the international laws 
binding on the Philippines, Congress, in the interest of justice, public order and 
the rule of laws, should penalize stalking as a distinct offense. Stalking is an 
offense against human dignity, against every person’s right to privacy, security of 
person, and psychological and emotional well-being. Stalking offends common 
standards of decency, morality and good customs in a just and civilized society. 
In response to the increase in stalking incidents in the country, there is a 
need to enact legislation that will ensure the protection of victims and will give 
redress to the severe wrong and injury caused by stalking. 
Hence, the approval of the bill is most earnestly sought. 
-=- 
. PANGILINAN 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
SENATE 
SENATE BILL No.- 133 
~ 
~ 
Introduced by SENATOR FRANCIS N. PANGILINAN 
AN ACT 
DEFINING AND PENALIZING STALKING, AMENDING FOR THAT 
PURPOSE THE REVISED PENAL CODE, AS AMENDED, AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
SECTION 1, Title. - This Act shall be known as the “Anti-Stalking Act of 2997”. 
SEC. 2. Declaration of Policy - It is the policy of the State to protect and 
promote every individual’s dignity, right to privacy, peace of mind, security of person 
and psychological and emotional welfare, to punish acts which undermine said rights, 
and to protect every citizen’s safety and well-being. 
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall 
mean or be interpreted and construed as hereunder defined: 
(a) 
Repeatedly - shall mean at least three (3) separate occasions closely 
related in time evidencing a c continuity of purpose; 
Follows - shall mean maintaining a visible physical proximity to anofher 
person or pursuing or conducting surveillance upon that person over a 
period of time and without legitimate purpose so as to cause a reasonable 
person to suffer substantial emotional distress and to actually cause 
substantial emotional distress to the person followed or pursued; 
Harasses - shall mean a knowing and willful course of conduct directed at 
a specific person which seriously alarms, intimidates, torments or 
(b) 
(c) 
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terrorizes the person and serves no legitimate purpose; 


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Course of Conducf - shall mean a series of three (3) or more separate, 
non-continuous acts, closely related over a period of time, however short, 
evidencing a continuity of purpose, including, but not limited to, 
unconsented contact with another person. The course of conduct must 
be such as would cause a reasonable person to suffer substantial 
emotional distress and must actually cause substantial emotional distress 
to the person; 
Unconsented contact - shall mean any contact with another individual 
that is initiated or continued in malicious and willful disregard of that 
individual's expressed desire that the conduct be avoided or discontinued 
and with the intent to place that person in reasonable fear of his or her 
safety, including, but not limited to: 
following or coming into visual presence of that individual; 
approaching or confronting that individual in a public place or on 
Private property; 
placing that individual under surveillance by waiting at or outside 
the workplace, school or residence of that individual; 
entering onto or remaining on property owned, leased, or occupied 
by that individual; 
contacting that individual by telephone; 
sending mail or other written communications to that individual; or 
damaging that individual's home or property. 
Substantial emotional distress - shall mean severe mental anguish, fright, 
anxiety, wounded feelings, moral shock, social humiliation and similar 
injury. 
Physical injury - shall mean those injuries defined and punished under 
Title Eight, Chapter Two, specifically Articles 262 to 266 of the Revised 
Penal Code; 
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Restraint - shall mean those offenses defined and punished under Title 
Nine, Chapter One, Section One, specifically Articles 267 and 268, and 
Title Eleven, Chapter Four, specifically Article 342, of the Revised Penal 
Code; 
Sexual assault - shall mean those offenses defined and punished under 
Title Eleven, Chapter Two, specifically Articles 335 and 336 of the 
Revised Penal Code; 
Family - shall mean the spouse, parent, child, any person related within 
the third degree of consanguinity, or any person who regularly resides in 
the household of the victim. 
SEC. 4. There shall be incorporated after Article 282 of the Revised Penal Code, 
as amended, a new section to read as follows: 
“Article 282-A. Definition of the Crime of Stalking. - Any person who 
willfully, maliciously, and with the intent to place another person in reasonable 
fear of death, physical injury, unlawful restraint or sexual assault, repeatedly 
follows or harasses the said person after having been given reasonable warning 
or request to desist by or on behalf of the person so followed or harassed, shall 
be guilty of Stalking, an offense punishable by prision correccional in its 
minimum and medium periods andlor a fine of not less than One Thousand 
Pesos (PhP1,OOO) and not more than Ten Thousand Pesos (PhP10,OOO). 
“In case of conviction, the offender shall also be required to post a bond to 
keep the peace conditioned upon his undertaking that he will refrain from further 
committing acts of stalking against the same victim for a period and amount to be 
determined by the Court in its discretion. Should the person sentenced fail to 
give the bond as required, he shall be detained for a period which shall in no 
case exceed three (3) months. 
“Article 282-B. Definition of the Crime of Qualified Stalking. - (?) A person 
is guilty of the crime of Qualified Stalking when commits the acts defined under 
Article 282-A hereof, and he threatens the person followed or harassed with the 
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infliction upon the person, honor or property of the latter or of his family of any 
wrong amounting to a crime, if the offender makes the threat demanding money 
or imposing any other condition, whether or not he has attained his purpose. 
“Qualified Stalking is punishable by the penalty of prision correccional its 
minimum and medium period and the penalty next lower in degree than that 
prescribe by law for a crime he threatened to commit in its maximum period, if 
the threat be made in writing or through a middleman, or in its medium period, if 
otherwise, and the offender shall have attained his purpose. A fine of not less 
than Fifty Thousand Pesos (PhP50,OOO) nor more than One Hundred Thousand 
Pesos (PhP100,OOO) may likewise be imposed by the court. If the offender has 
not attained his purpose, the penalty shall be prision correccional its minimum 
and medium periods and the penalty two degrees lower than that prescribed by 
law for the crime he threatened to commit in its maximum period, if the threat be 
made in writing or through middleman, or in its medium period, if otherwise. 
Likewise, a fine of not less than Ten Thousand Pesos (PhP10,OOO) nor more 
than Fifty Thousand Pesos (PhP50,OOO) may likewise be imposed by the court. 
“If the threat was not made subject to any condition, the penalty shall be 
prision correccional in its maximum period and I or a fine of not less than Ten 
Thousand Pesos (PhP10,OOO) nor more than Fifty Thousand Pesos (PhP50,OOO) 
may likewise be imposed by the court. 
“(b) If the offender threatens his victim with the commission of any wrong 
not constituting a crime and the threat is coupled with a demand for money or 
imposing any other condition, the penalty shall be prision mayor in its minimum 
period and/ or a fine of not less than Fifty Thousand Pesos (PhP50,OOO) nor 
more than One Hundred Thousand Pesos (PhPlOO,OOO), if the threat be made in 
writing or through a middleman, or prision correccional in its maximum period 
and /or a fine of not less than Ten Thousand Pesos (PhP10,OOO) nor more than 
Fifty Thousand Pesos (PhP50,000), if otherwise. If the threat was not made 
subject to any condition, the penalty shall be prision correccional in its medium 
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period and/or a fine of not less than Ten Thousand Pesos (PhP10,OOO) nor more 
than Fifty Thousand Pesos (PhP50,OOO). 
“In any of the above instances, the offender shall also be required to post 
a bond to keep the peace conditioned upon his undertaking that he wifl refrain 
from further committing acts of stalking against the same victim for a period of an 
amount to be determined by the Court in its discretion. Should the person 
sentence fail to give the bond as required, he shall be detained for a period 
which shall in no case exceed six (6) months. 
“Article 282-C. 
Additional penalties for subsequent convictions. - The 
following penalties shall be imposed in case of a second or subsequent 
conviction made within ten (IO) years from the last release or conviction of the 
crimes defined and penalized under Article 282-A and 282-8. 
Upon a second conviction of the crime penalized in Article 282-A, 
the offender shall be sentenced to the penalty provided by this Act 
for the last crime of which he be found guilty, and to the additional 
penalty of prision correccional in its medium period; 
Upon a second conviction of the crime penalized in Artcile 282-B, 
or a third conviction of the crime penalized in Article 282-A, the 
offender shall be sentenced to the penalty provided by this Act for 
the last crime of which he be found guilty, and to the additional 
penalty of prision mayor in its medium period; 
Upon a third conviction of the crime penalized in Article 282-8, or a 
fourth conviction of the crime penalized in Article 282-A, the 
offender shall be sentence to the penalty provided by this Act for 
the last crime of which he be found guilty, and to the additional 
penalty of prison mayor in its medium period; 
Upon a fourth conviction of the crime penalized in Article 282-8, of 
the fifth or additional conviction the crime penalized in Article 282- 
A, the offender shall be sentenced to the penalty provided by this 
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Act for the last crime of which he be found guilty, and to the 
additional penalty of prision mayor in its medium period; 
Upon a fifth or additional conviction of the crime penalized in 
Article 282-6, the offender shall be sentence to the penalty 
provided by this Act for the last crime of which he be found guilty, 
and to the additional penalty of prison mayor in its maximum 
period.” 
(e) 
SEC. 5. Counselling. - Any person convicted under the provisions of Article 282- 
A, 282-8 or 282-C of the Revised Penal Code, as amended, may be required to 
undergo medical, psychological or psychiatric examination and treatment and enter and 
remain in a specific institution, when required for that purpose. 
SEC. 6. Bond for good behavior pending trial. - A person charge with any of 
crimes defined in Articles 282-A or 282-6 of the Revised Penal Code, as amended, 
where evidence of guilt is strong, shall required to post a bond, either personally in cash 
or upon presentation of two sufficient sureties, conditioned upon the undertaking of the 
accused that he will refrain from following or harassing the offended party pending trial. 
The amount of the said bond shall be fixed at the discretion of the Court before 
which the case has been filed, upon a finding that there is just cause to impose it, taking 
into consideration the seriousness of the harassments employed by the accused and 
the gravity of the threat, if any, made by him. The bond shall be ordred posted only afte 
the filing of a written and verified motion, with proof of service upon the accused 
attached thereto, and hearing on the motion to determine whether the evidence of the 
prosecution is strong. At this hearing, the accused may rebut the allegations and 
evidence of the offended party and proffer his own evidence showing that the imposition 
of the bond would be unjustified and oppressive. 
SEC. 7. Condifion of Probation. - Should the staking offender be entitle to a nd 
thereafter granted probation upon conviction under the provisions of Presidential 
Decree 968m as amended, or the Probation Law, the probation order shall impose the 
following conditions: 
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(a) 
that the probationer will refrain from further molesting the offended party 
during the period of probation; and 
that the probationer will undergo medical, psychological or psychiatric 
examination and treatment and enter and remain in a specific institution, 
when required for that purpose. 
(b) 
Any violation of the aforementioned conditions, when proved in a hearing for that 
purpose, shall be considered a “serious violation’’ within the purview of Section 15 of the 
Probation Law and will be sufficient ground to warrant the arrest of the probationer and 
his incarceration to serve his original sentence, unless another prosecution is instituted 
for acts of staking committed by the probationer after his original conviction. 
SEC. 8. Separabilify Clause. - If any provision of this Act or the application 
thereof to any person or circumstance is held invalid or unconstitutional, the remaining 
provisions of this Act and the application of such provisions to other persons or 
circumstances shall be not be affected thereby. 
SEC. 9. €ffecfivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation. 
Approved.