Republic of the Philippines RECEIVED

HOUSE OF REPRESENTATIVE! pare 15 AUG 2016
Quezon City Waar

SEVENTEENTH CONGRESS

| TIME:
First Regular Session |
\

House Bill No. 2890

[x {OUSEOF REPRESENTATIVES

Introduced by Representative 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 people 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, shall 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 life or family relations of another;
3. Intriguing to cause another to be alienated from his friends; and

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.

| therefore enjoin my colleagues to ensure the swift passage into law of this proposed
measure.

GLORIA MACAPAGAL ARROYO
2" District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

House Bill No.2890

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
DEFINING THE CRIME OF STALKING AND PROVIDING THE PENALTIES
THEREFOR

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 "Anti-Stalking Act of
2016."

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 pattern 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 unsolicited telephone calls without the purpose of legitimate
communication; or

(b) making repeated communications anonymously or at extremely inconvenient
hours, or 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 shall be punished by Arresto 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 shall 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 shall
remain valid 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,