Republic of the Philippines

HOUSE OF REPRESENTATIVES RECEIVED
Quezon City é FEB 78 2017
SEVENTEENTH CONGRESS
First Regular Session

House BILL No, 9152

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

Almost éveryone in our country is now equipped with mobile phones. With
the technology today, mobile phones have become handy tools in our fast-paced
lifestyle. Now, mobile phones compete in terms of clarity of camera as well as video
shooting. Hence, everyone had virtually become a photographer or videographer in
their own right. But with these powerful tools also come with great responsibility.
This responsibility entails the adherence to protecting the rights of women and their
children who are vulnerable to abuse through the usage of technology.

For the past years since camera phones have become a commodity, video or
photo scandals involving women have been circulating in the internet as well as
passed one from one mobile phone to another. Sadly, the usual culprit is the partner
of the woman whom she trusted and loved. These sad and emotional plights women
have to go through under the guise of love and trust are appalling and disturbing.

Hence, this bill seeks to protect these women and their children from all
forms of electronic violence, thus augmenting and fortifying the mandates under
Republic Act NO. 9262 or the Anti-Violence against Women and their Children Act as
well as under Republic Act No. 9995 or the Anti-Photo and Video Voyeurism Act.

The salient feature of this proposed measure is the issuance of an E-VAW
Protection Order. Herein, it orders for the immediate blocking, blacklisting or
shutdown of any internet site that propagates the uncompromising photo or video
shots of the victim. More importantly, the measure aptly defines electronic violence
by including harassment through text messaging and cyber-bullying.

Thus, the passage of this bill is earnestly sought. )

BSP: TAMBUNTIN:


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5152

Introduced by HON. GUS S. TAMBUNTING

AN ACT TO AMENDING REPUBLIC ACT NO. 9262 OTHERWISE KNOWN AS
THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF
2004, DEFINING ELECTRONIC VIOLENCE AGAINST WOMEN (E-VAW),
PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES
THEREFOR, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "E-VAW Act of 2017".

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

"Section 3. Definition of Terms. - As used in this Act,

(a) "Violence against women and their children” refers to any act or a series
of acts committed by any person against a woman who is wife, former wife,
or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which
result in’ or is likely to result in physical, sexual, psychological harm or
‘suffering, or economic abuse including threats of such acts, battery, assault,

coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:

XxX

(E) "ELECTRONIC VIOLENCE" REFERS TO ANY ACT OR OMISSION
INVOLVING THE USE OR EXPLOITATION OF EPHEMERAL DATA OR
ANY FORM OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (ICT) WHICH CAUSES OR IS LIKELY TO CAUSE
MENATAL, EMOTIONAL OR PSYCHOLOGICAL DISTRESS OR


SUFFERING TO THE VICTIM, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:

1, UNAUTHORIZED RECORDING, REPRODUCTION OR
DISTRIBUTION OF VIDEOS 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 FORM OF MEDIA THAT CONTAIN PICTURES,
VOICE OR VIDEO OF THE VICTIM WITH LEWD, INDECENT,
OBSCENE OR SEXUAL CONTENT;

3. HARASSING OR THREATENING THE VICTIM THROUGH TEXT
MESSAGING OR OTHER CYBER, ELECTRONIC OR MULTIMEDIA
MEANS;

4, CYBER-STALKING WHICH INCLUDES, BUT IS NOT LIMITED
TO THE HACKING OF PERSONAL ACOUNTS ON SOCIAL
NETWORKING SITES AND THE USE OF LOCATION TRACKERS
ON CELLULAR DEVICES; AND

5. UNAUTHORIZED USE OF THE VICTIM'S PICTURE, VIDEO,
VOICE, NAME OR ANY OTHER ASPECT OF THE VICTIM'S
IDENTITY AND DISTRIBUTING THE SAME IN ANY VIDEO
GAME, PHONE APPLICATION, PROGRAM AND THE LIKES,
WHICH PUTS OR TENDS TO PUT THE VICTIM IN A BAD LIGHT
OR INJURE THE VICTIM'S REPUTATION.”

SECTION 3. Section 5 of Republic Act No. 9262, otherwise known as the Violence
Against Women and their Children Act of 2004, is hereby amended to read as
follows:

"SECTION 5. Acts of Violence Against Women and Their Children. - The
crime of violence against women and their children is committed through any
of the following acts:

XXX

(2) CAUSING ELECTRONIC VIOLENCE AGAINST A WOMAN OR HER
CHILD; AND

(k) THREATENING TO CAUSE ELECTRONIC VIOLENCE AGAINST A
WOMAN OR HER CHILD."

SECTION 4. Section 6 of Republic Act No. 9262, otherwise known as the Violence
Against Women and Their Children Act of 2004, is hereby amended to read as
follows:


"SECTION 6. Penalties. - The crime of violence against women and their
children, under Section 5 hereof shall be punished according to the following
rules:

XXX

(G) ACTS FALLING UNDER SECTION 5(J) SHALL BE PUNISHED BY
PRISION CORRECTIONAL; AND

(H) ACTS FALLING UNDER SECTION 5(K) SHALL BE PUNISHED BY
ARRESTO MAYOR.

(I) ANY ACT OR OMISSION INVOLVING THE USE OR EXPLOITATION
OF ANY FORM OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (ICT) WHICH CAUSES OR IS LIKELY TO CAUSE
MENTAL, EMOTIONAL OR PSYCHOLOGICAL DISTRESS OR
SUFFERING TO THE VICTIM, SHALL BE PUNISHED BY PRISION
CORRECTIONAL OR A FINE IN THE AMOUNT OF NOT LESS THAN
THREE HUNDRED THOUSAND PESOS (PHP 300,000.00) BUT NOT
MORE THAN FIVE HUNDRED THOUSAND PESOS (PHP 500,000.00)

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 the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the
amount of not less than One Hundred Thousand Pesos (P100,000.00) but not
more than three Hundred Thousand Pesos (P300,000.00), PROVIDED,
THAT, IN E-VAW CASES, THE FINE THAT MAY BE IMPOSED SHALL
NOT BE LESS THAN THREE HUNDRED THOUSAND PESOS (PHP
300,000.00) BUT NOT MORE THAN FIVE HUNDRED THOUSAND
PESOS (PHP 500,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance to the court.

SECTION 5. Section 8 of Republic Act No. 9262, otherwise known as the Violence
Against Women and Their Children Act of 2004, is hereby amended to read as
follows:

"SECTION 8. Protection Orders. - A protection order is an order issued under
this act for the purpose of preventing further acts of violence against a
woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the
Purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability
of the victim to independently regain control over her life. The provision of
the protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay


protection order (BPO), temporary protection order (TPO) and permanent
protection order (PPO) AND E-VAW PROTECTION ORDER (EPO) FOR
CASES OF ELECTRONIC VIOLENCE. The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

XxX

(L) FOR E-VAW CASES, ORDERING THE IMMEDIATE BLOCKING,
BLACKLISTING, REMOVAL OR SHUTDOWN OF ANY UPLOAD,
PROGRAM OR APPLICATION THAT CAUSES OR TENDS TO CAUSE
VIOLENCE AGAINST THE VICTIM.

Any of the relief provided under this selection shall be granted even in the
absence of a decree of legal separation or annulment or declaration of
absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not
preclude a petitioner from applying for, or the court from granting a TPO, [or]
PPO OR EPO.

SECTION 6. Section 11 of Republic Act No. 9262, otherwise known as the Violence
Against Women and Their Children Act of 2004, is hereby amended to read as
follows:

"SECTION 11. How to Apply for a Protection Order. - The application for a
protection order must be in writing, signed and verified under oath by the
applicant. It may be filed as an independent action or as incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form,
written in English with translation to the major local languages, shall be made
available to facilitate applications for protections order, and shall contain,
among other, the following information:

(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of a circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8
herein;

(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in
another court.


If the applicants is not the victim, the application must be accompanied by an
affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by
the victim and (b) the circumstances of consent given by the victim for the filling of
the application. When disclosure of the address of the victim will pose danger to her
life, it shall be so stated in the application. In such a case, the applicant shall attest
that the victim is residing in the municipality or city over which court has territorial
jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an
application for both a TPO and PPO.

AN APPLICATION FOR BPO, TPO OR PPO SHALL AUTOMATICALLY
INCLUDE AN APPLICATION FOR EPO. THE LATTER MAY BE ISSUED AS
PART OF THE CONDITIONS FOR THE BPO, TPO OR PPO OR AS A SEPARATE
PROTECTION ORDER.

Barangay officials and court personnel shall assist applicants in the preparation of
the application. Law enforcement agents shall also extend assistance in the
application for protection orders in cases brought to their attention.

SECTION 7. Section 16-A is hereby inserted to read as follows:

"SECTION 16-A. E-VAW PROTECTION ORDER. - IN CASES OF
ELECTRONIC VIOLENCE, AN E-VAW PROTECTION ORDER MAY BE
ISSUED SIMULTANEOUSLY OR SUBSEQUENT TO THE ISSUANCE OF A
BPO, TPO OR PPO.

E-VAW PROTECTION ORDERS SHALL BE ISSUED BY THE BARANGAY
OR THE COURTS, AS THE CASE MAY BE, INDEPEDENTLY OF OR IN
ADDITION TO NON-E-VAW PROTECTION ORDERS. HOWEVER, AN E-
VAW PROTECTION ORDER, ONCE ISSUED, DOES NOT EXPIRE AND
CONTINUES TO TAKE EFFECT WHILE THE CASE IS PENDING AND
UNTIL THE SAME IS REVOKED BY THE ORDER OF THE COURT."

SECTION 8. Section 39 of Republic Act No. 9262, otherwise known as the Violence
Against Women and Their Children Act of 2004, is hereby amended to read as
follows:

SECTION 39. Inter-Agency Council on Violence Against Women and Their
Children (IAC-VAWC). In pursuance of the abovementioned policy, there is
hereby established an Inter-Agency Council on Violence Against Women and
their Children, hereinafter known as the Council, which shall be composed of
the following agencies:


(a) Department of Social Welfare and Development (DSWD);
XXX
(1) National Bureau of Investigation (NBI); AND

(M) DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (DICT).

These agencies are tasked to formulate programs and projects to eliminate VAW
based on their mandates as well as develop capability programs for their employees
to become more sensitive to the needs of their clients. The Council will also serve as
the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall
have a rank not lower than an assistant secretary or its equivalent. These
representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.

SECTION 9. Separability Clause. — If any portion or provision of this Act is held
unconstitutional or invalid, the remaining portions or provisions shall not be affected.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provision of this Act are hereby
repealed or modified accordingly.

SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days from the date
of its complete publication in at least two (2) newspapers of general circulation.

Approved,