THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
Senate Bill No. 
Introduced By Senator Pangilinan 
EXPLANATORY NOTE 
There i s  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 i t s  
peculiar devises. 
There i s  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 11, Section 11 of the 1987 Constitution provides that: 
“The State values the dignity of every human person and guarantees full 
respect for human rights”. Article 11, 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 lnternational 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 law, should pena(ize 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 wi(l 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. 
1 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
) 
Senate Bill No. 
Introduced Bv Senator Francis N. Panqilinan 
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 
2003. " 
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 
pe,rson 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: 
Repeatedly - shall mean at least three (3) separate occasions 
closely related in time evidencing a continuity of purpose; 
Follows - shall mean maintaining a visible physical proximity to 
another 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 terrorizes the person and serves no legitimate 
purpose; 
Course of Conduct - shall mean a series of three (3) or more 
separate, noncontinuous 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. 
(1) 
(2) 
(3) 
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; 
individual; or 
damaging that individual’s home or property. 
(4) 
(5) 
(6) 
sending mail or other written communications to that 
(7) 
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; 
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: 
“Articte 282-A. Definitions 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 i t s  minimum and medium 
periods and/or 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 i t s  discretion. Should the person 
3 


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) A person is guilty of the crime of Qualified Stalking 
when he commits the acts defined under Article 282-A hereof, 
and he threatens the person followed or harassed with the 
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 i s  punishable by the penalty of prision 
correccional i t s  minimum and medium period and the penalty 
next lower in degree than that prescribe by law for a crime he 
threatened to commit in i t s  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 shal\ be prision correccional i t s  minimum 
and medium periods and the penalty two degrees Lower than that 
prescribed by law for the crime he threatened to commit in i t s  
maximum period, if the threat be made in writing or through a 
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 i t s  maximum period and / 
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 
i s  coupled with a demand for money or imposing any other 
condition, the penalty shall be prision mayor in i t s  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 prision correccional in i t s  
maximum period and/ or a fine of not less than 
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 period and/ or a fine of not less than Ten Thousand Pesos 
(PhP10,OOO) nor more than Fifty Thousand Pesos (PhP50,OOO). 
“fn 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 will refrain from further committing acts of 
stalking against the same victim for a period and an amount to be 


determined by the Court in i t s  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 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 Articles 282-A and 282-B. 
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 correccionaI in i t s  medium period; 
Upon a second conviction of the crime penalized in 
Article 282-8, 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 i t s  medium 
period; 
Upon a third conviction of the crime penalized in 
Article 282-6, or a fourth 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 i t s  medium 
period; 
Upon a fourth conviction of the crime penalized in 
Article 282-8, or the fifth or additional conviction of 
the crime penalized in Atricle 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 i t s  
medium period; 
Upon a fifth or additional conviction of the crime 
penalized in Article 282-8, 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 i t s  maximum 
period.” 
Sec. 5. Counselling. - Any person convicted under the provisions 
of Articles 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. 
5 


Sec. 6. Bond for good behavior pending trial. - A person charged 
with any of the crimes defined in Articles 282-A or 282-B of the Revised 
Penal Code, as amended, where evidence of guilt is strong, shall be 
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 trail. 
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 i s  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 ordered posted only after 
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 i s  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. Conditions of Probation. - Should the staking offender be 
entitled to and thereafter granted probation upon conviction under the 
provisions of Presidential Decree 968, as amended, or the Probation 
Law, the probation order shall impose the following conditions: 
(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. Separability of Provisions. - If any provisions 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 not be 
affected thereby. 
Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days 
after i t s  publication in two (2) newspaper of general circulation. 
Approved. 
6