Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

217

House Bill No.

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

AN ACT
DEFINING ELECTRONIC VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN PROVIDING PROTECTIVE MEASURES, AND PRESCRIBING
PENALTIES FOR VIOLATIONS THEREOF, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE "ANTI-VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN

EXPLANATORY NOTE

On the occasion of International Women's Day in 2004, the \nti-Violence Against Women
and Their Children Act was signed into law as Republic Act (RA) No, 9262. Since then, this law
hhas provided protection and legal recourse for women subjected to various forms of violence. which
it defines as: a) physical violence; b) sexual violence; c) psychological violence; and d) ccono!
abuse. However, with the rapid spread of mobile technology, the increasing use of social media,
and the expanding reach of the internet, electronic violence against women (EVAW) has emerged
as a significant global issue, carrying potentially serious economic and societal consequences.

In 2008. a video scandal involving well-known actress Katrina Halili made national
headlines. During the trial concerning a complaint filed by Halili against her former partner,
Hayden Kho, for violating Republic Act No. 9262, the arguments centered on whether the
recording of their sexual encounter had been consensual and whether any law had been breached
by the act of videotaping itself. This case, along with a similar scandal involving actress Rhian
Ramos, exposed the apparent limitations of RA 9262 in addressing specific forms of violence
committed by individuals with whom the vietims had a sexual or dating relationship.

Although the enactment of the Anti-Photo and Video Voycurism Act of 2009 (Republic
Act No. 9995) addressed certain aspects of these incidents, it did not incorporate the element of
intimate or special relationships, which is central to RA 9262, Moreover, the internet and
communication technologies can cause extensive damage and violence, which ate often indelible.
I is therefore concerning that RA 9262 does not explicitly acknowledge this evolving form of
abuse, now recognized as electronic violence against women (EVA W).


The amendments being proposed positively recognize and include EVAW. EVAW is
proposed to be defined as "any acts or omissions that involve the usc or exploitation of information
and communications technology (ICT) which causes or is likely to cause mental, emotional or
psychological distress or suffering to the victim. It includes, but is not limited to, the following:

1. Recording, reproduction, or distribution of video/s 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 media that contain pictures,
voice, or video with lewd, indecent, or sexual content or context;

3. Harassing or threatening the victim;

4. Statking, including the hacking of personal accounts on social networking sites;

5. Using the victim's picture, video, voice, name, or any other aspect of the victim's identity
in any video game, phone application, program, and the likes, which puts or tends to put
the victim in a bad light;

6. Fabrication of fake information of news through text messaging or other cyber, electronic,
or multimedia technology: and

7. Creation of fake social media accounts using an alias or a different individual's personal
information with ill intent and malice to sow intrigue or inflict harm.

The proposed explicit inclusion of EVAW in the law aims to provide protection for women
and their children, while holding accountable those who exploit technology to commit acts of
violence. In an increasingly technology-dependent society, it is our responsibility to ensure that our
laws evolve to address the rapidly changing nature and means of comamitting crimes. In this light,
we believe that the proposed amendments to RA 9262 are timely and necessary.

In addition, women may avail themselves of up to twenty (20) days of paid leave to address
medical and legal concerns. The proposed bill introduces more specific penalties for superiors,
whether in public or private employment, who deny access to this leave, Since the enactment of
the Anti-VAWC Law, there have been reports of women being denied the 10-day VAWC leave,
with violators often escaping sanctions.

Gabriela Women's Party has been filing this proposed measure since the 15th Congress,
and it was successfully passed on Third Reading by the House of Representatives during the 17th,
18th, and 19th Congresses. Additionally, the Committee on Women and Gender Equality has
conducted extensive deliberations on the measure, underscoring its significance and urgency.


For the foregoing reasons, the passage of this bill is sought.

ee
C_R€f. ANTONIO L. TINIO
KABATAAN Party-List ACT Teachers Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

217

House Bill No.

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
anid ACT Teachers Party-ist Rep. ANTONIO L, TINIO.

AN ACT DEFINING ELECTRONIC VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING PROTECTIVE MEASURES, AND PRESCRIBING
PENALTIES FOR VIOLATIONS THEREOF, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE "ANTI-VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN

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

SECTION 1. Section | of Republic Act No. 9262, otherwise known as the “Anti-Violence
Against Women and Their Children Act of 2004”, is hereby amended to read as follows:

"SECTION 1. Short Title. — This Act shall be known as the ‘EXPANDED Anti-
Violence Against Women and Their Children fAet-ef 2004] (E-VAWC) ACT’.”

SECTION 2. Section 3, paragraph (a) of Republic Act No. 9262, otherwise known as the
“Anti-Violence Against Women and Their Children Act of 2004”, is hereby amended to read
as follows

“SECTION. 3. Definition of Terms. - xxx (a) xxx

"A. XXX,

“B. xxx

“C. ‘Psychological violence’ refers to acts or omissions THAT MAY BE
COMMITTED THROUGH PHYSICAL, VERBAL, EMOTIONAL,
ELECTRONIC OR INFORMATION AND COMMUNICATIONS
TECHNOLOGY (ICT) DEVICES OR OTHER MEANS causing or likely to cause
mental or emotional suffering of |the—vietim] A WOMAN AND/OR HER
CHILDREN such as [but-net-Himited-to] intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, {repeated} verbal abuse and marital infidelity.
It includes THE ACT OF causing or [eHowing-the-vietim] COERCING A WOMAN
AND/OR HER CHILDREN to witness the physical, sexual or psychological abuse of
a member of the family to which the [¥ietim—belongs) WOMAN AND/OR HER
CHILDREN BELONG [s], or to witness pornography in any form or to witness


abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.

"D. xxx

“E. ‘ELECTRONIC VIOLENCE OR ICT-RELATED VIOLENCE’ REFERS TO
ANY ACT OR OMISSION INVOLVING THE USE OR EXPLOITATION OF
DATA OR ANY FORM OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY WHICH CAUSES OR IS LIKELY TO CAUSE MENTAL,
EMOTIONAL, OR PSYCHOLOGICAL DISTRESS OR SUFFERING TO THE
‘WOMAN AND/OR HER CHILDREN, INCLUDING THE FOLLOWING:

"(1) RECORDING, REPRODUCTION, DISTRIBUTION, USE,
SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR
OTHER FORMS OF ELECTRONIC OR ARTISTIC PRESENTATION
SHOWING OR DEPICTING IN ANY FORM OR MANNER THE
GENITALIA OF A WOMAN OR THOSE OF HER CHILDREN’S
GENITALIA, PUBIC AREA, BUTTOCKS, BREASTS, EXCRETORY
BODY PART OR FUNCTION, NUDITY, SCENES WITH SEXUAL
CONTEXT OR PORTRAYAL OF SEXUAL CONDUCT SUCH AS
SEXUAL INTERCOURSE, MASTURBATION, KISSING, CARESSING,
HUGGING, AND PETTI

“(2) RECORDING, REPRODUCTION, DISTRIBUTION, USE,
SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR
ANY OTHER FORMS OF ELECTRONIC OR = ARTISTIC
PRESENTATION EXHIBITING ANY SEXUALLY-RELATED
VERBAL OR NONVERBAL EXPRESSION OR GESTURE OF THE
WOMAN AND/OR HER CHILDREN WHICH MAY BE CONSTRUED
AS LEWD, INDECENT, OR OBSCENE;

“@3) RECORDING, REPRODUCTION, DISTRIBUTION, USE,
SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR
ANY OTHER FORM OF ELECTRONIC OR ARTISTIC
PRESENTATION DEPICTING ANY PURPORTED VIOLENT OR
ERRANT BEHAVIOUR OF THE WOMAN AND/OR HER CHILDREN,
OR THE USE OF INTOXICATING OR PROHIBITED SUBSTANCES
OR DRUGS;

“(4) ANY SIMILAR RECORDING, REPRODUCTION,
DISTRIBUTION, USE, SHARING OR UPLOADING OF ANY AUDIO
PRESENTATION AND DATA, INCLUDING SOUND CLIPS OF THE
SAME NATURE AS THOSE ENUMERATED IN SUBSECTION (a) E.
()-B);

“(5) USE OF A PHOTOGRAPH, VIDEO, VOICE RECORDI NAME
OR ANY MARK, REFERENCE OR CHARACTER IDENTIFIABLE
WITH A WOMAN AND/OR HER CHILDREN AND SUGGESTIVE OF
A WRONGDOING, CONDUCT OR ATTRIBUTE THAT TENDS TO



BESMIRCH THE REPUTATION OF THE WOMAN AND/OR HER
CHILDREN;

(6) HARASSING, INTIMIDATING, COERCING, THREATENING OR
VILIFYING THE WOMAN AND/OR HER CHILDREN THROUGH
TEXT MESSAGING OR OTHER CYBER, ELECTRONIC, OR
MULTIMEDIA TECHNOLOGY;

“(7) STALKING, INCLUDING THE HACKING OF PERSONAL
ACCOUNTS ON SOCIAL NETWORKING SITES AND THE USE OF
LOCATION DATA FROM ELECTRONIC DEVICES;

“(8) FABRICATION OF FAKE INFORMATION OR NEWS THROUGH
TEXT MESSAGING OR OTHER CYBER, ELECTRONIC OR
MULTIMEDIA TECHNOLOGY; AND

(9) CREATION OF FAKE SOCIAL MEDIA ACCOUNTS USING AN
ALIAS OR A_ DIFFERENT INDIVIDUAL’S PERSONAL

INFORMATION RESULTING IN HARM TO THE WOMAN AND/OR
HER CHILDREN’S REPUTATION.

5x"
SECTION 3. Section 5 of Republic Act No. 9262 is hereby amended to read as follows
“SECTION S. Acts of Violence Against Women and Their Children. ~ xxx
“(a) xx
“(b) xxx
“(c) xxx
“(d) xxx
“(c) xxx
(£) xxx
“(g) xxx
“(h) xxx
(1) xxx
(2) xxx.

(3) xxx,


“(4) Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman [or] AND/OR her [ehild-and] CHILDREN;

(5) xxx

“(6) RECORDING, REPRODUCING OR DISTRIBUTION OF VIDEOS
WHICH SHOW THE WOMAN AND/OR HER CHILDREN NAKED OR IN
UNDERGARMENT CLAD GENITALS, PUBIC AREA, BUTTOCKS OR
BREASTS;

“(1) SHARING ANY MEDIA THAT CONTAINS PICTURES, VOICE
RECORDING OR VIDEO OF THE WOMAN AND/OR HER CHILDREN
WHICH MAY BE CONSTRUED AS LEWD, INDECENT OR OF SEXUAL
CONTENT; AND

“(8) USING THE PICTURES, VIDEO, VOICE NAME OR ANY OTHER
ASPECT OF THE IDENTITY OF A WOMAN AND/OR HER CHILDREN FOR
MALICIOUS PURPOSES INCLUDING PORNOGRAPHY, OTHER
SEXUALLY-RELATED CRIMES, AND VIOLATIONS UNDER REPUBLIC
ACT NO. 10175, OTHERWISE KNOWN AS THE 'CYBERCRIME
PREVENTION ACT OF 2012’.

“(i) xxx

"(J) INFLICTING OR COMMITTING ELECTRONIC OR ICT-RELATED
VIOLENCE AGAINST A WOMAN AND/OR HER CHILDREN; AND

“(K) THREATENING TO CAUSE ELECTRONIC OR ICT-RELATED
VIOLENCE AGAINST A WOMAN AND/OR HER CHILDREN;”

“(L) OTHER SIMILAR ACTS ENUMERATED UNDER THIS PROVISION
THAT MAY CAUSE OR LIKELY TO CAUSE VIOLENCE AGAINST A
WOMAN AND/OR HER CHILDREN.”

SECTION 4. Section 6 of Republic Act No. 9262 is hereby amended to rad as follows
"SECTION 6. Penalties. ~ XXX
"(a) xxx
“(b) xxx
“(c) xxx
"(d) xxx

"(€) Xxx,

"(f) xxx


"(G) ACTS FALLING UNDER SECTION 5(J) AND 5(K) OF THIS ACT SHALL
BE PUNISHED BY RECLUSION TEMPORAL.

“If the acts are committed while the woman or child is pregnant or committed in the
presence of [her] THE WOMAN'S child, the penalty to be applied shall be the
maximum period of penalty prescribed in this section.

“In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not
less than [One] THREE hundred thousand pesos ({P+90,900-00] P300,000.00) but not
more than [Fhree] FIVE hundred thousand pesos ([P300,006-66]P500,000.00)[;]:
PROVIDED, THAT, INCASES OF ELECTRONIC OR ICT-RELATED
VIOLENCE, THE FINE THAT MAY BE IMPOSED SHALL NOT BE LESS
THAN THREE HUNDRED THOUSAND PESOS (P300,000.00) BUT NOT
MORE THAN FIVE HUNDRED THOUSAND PESOS (P500,000.00); AND (b)
SHALL undergo mandatory psychological counseling or psychiatric treatment and
shall report compliance to the court.”

“LIABILITY UNDER THIS ACT SHALL BE WITHOUT PREJUDICE TO ANY
LIABILITY FOR VIOLATION OF ANY PROVISION OF THE REVISED
PENAL CODE, AS AMENDED, OR SPECIAL LAWS.”

SECTION 5. Section 7 of Republic Act No. 9262 is hereby amended to read as follows:

“SECTION. 7. JURISDICTION AND Venue. - The Reyional Trial Court designated
as a Family Court shall have original and exclusive jurisdiction over cases of violence
against women and their children under this law. IN CASES OF ELECTRONIC OR
ICT-RELATED VIOLENCE, THE COURT ACQUIRES JURISDICTION IF
ANY OF THE ELEMENTS IS COMMITTED WITHIN THE PHILIPPINES, OR
COMMITTED WITH THE USE OF ANY COMPUTER SYSTEM THAT IS
WHOLLY OR PARTLY SITUATED IN THE COUNTRY, OR WHEN SUCH
COMMISSION CAUSES ANY DAMAGE TO A WOMAN AND/OR HER
CHILDREN WHO, AT THE TIME OF THE COMMISSION OF THE
OFFENSE, ARE IN THE PHILIPPINES. CRIMINAL ACTION FOR
VIOLATION OF THIS ACT SHALL BE FILED WITH THE REGIONAL
TRIAL COURT DESIGNATED AS A FAMILY COURT WHERE THE
OFFENSE WAS COMMITTED.

In the absence of such court [i#-the place where the-effense-was-committedy; the case

shall be filed in the Regional Trial Court where the crime or any of its elements was
committed at the option of the complainant. IN CASES OF ELECTRONIC OR ICT-
RELATED VIOLENCE, THE CASE MAY BE FILED IN THE PLACE WHERE
ANY PART OF THE COMPUTER SYSTEM USED IS SITUATED, WHERE
ANY OF THE DAMAGE CAUSED TO THE WOMAN AND/OR HER
CHILDREN TOOK PLACE, OR WHERE THE WOMAN AND/OR HER
CHILDREN RESIDE AT THE TIME THEY LEARN OF THE COMMISSION
OF THE OFFENSE.”

SECTION 6. Section 8 of Republic Act No. 9262 is hereby amended to read as follows:


"SECTION 8. Protection Orders. — xxx
"(ay xxx

"() xxx

"(c) xxx

"(d) xxx

M(e) Xxx

"(f) xxx

"(g) xxx

"(h) xxx

"(i) xxx

"() 00; [and]
"(k) xxx [.]; AND

"(L) FOR E-VAWC CASES, ORDERING THE IMMEDIATE BLOCKING,
BLACKLISTING, REMOVAL, OR SHUTDOWN OF ANY UPLOAD,
PROGRAM, OR APPLICATION THAT CAUSES OR TENDS TO CAUSE
VIOLENCE AGAINST A WOMAN AND/OR HER CHILDREN. FAILURE OF
AN INTERNET SERVICE PROVIDER TO COOPERATE WITH LAW
ENFORCEMENT AGENCIES SHALL CONSTITUTE THE CRIME OF
OBSTRUCTION OF JUSTICE. THE DUTIES OF AN INTERNET SERVICE
PROVIDER AS PROVIDED FOR UNDER SECTION 9 (B) OF REPUBLIC ACT
NO. 11930, OTHERWISE KNOWN AS THE “ANTI-ONLINE SEXUAL ABUSE
OR EXPLOITATION OF CHILDREN (OSAEC) AND ANTI-CHILD SEXUAL
ABUSE OR EXPLOITATION MATERIALS (CSAEM) ACT”, SHALL BE
APPLICABLE; AND

SECTION 7. Section 24 of Republic Act No. 9262 is hereby amended to read as follows:

"SECTION 24. Prescriptive Period. - Acts falling under Sections 5(a) to 5(f) OF THIS.
ACT shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(i) OF
THIS ACT shall prescribe in ten (10) years, ACTS FALLING UNDER SECTION
5(J) AND 5(K) OF THIS ACT SHALL BE IMPRESCRIPTIBLE.”

SECTION. 8. Section 32 of the same Act is amended to read as follows:

“SEC. 32. Duties of Other Government Agencies and LGUs. - Other government
agencies and LGUs, INCLUDING PHILIPPINE EMBASSIES AND CONSULAR
OFFICES, shall establish programs such as, but not limited to. education and
information campaign and seminars or symposia on SEXUAL AND


REPRODUCTIVE HEALTH, AND the nature, causes. incidence and consequences
of such violence AGAINST WOMEN AND/OR THEIR CHILDREN particularly
towards educating the public on its social impacts.

SECTION 9, Section 39 of Republic Act No. 9262 is hereby amended to read as follows:

"SECTION 39. Inter-Agency Council on Violence Against Women and Their Children
(IAC-VAWC). =

XXX,
(a) xxx

“(b)
COMMISSION

si | PHILIPPINE
WOMEN (PCW);

“(C) xxx

“(d) xxx

“(c) xxx
“(fx

“(g) xxx

“(h) xxx

(I) Xxx

“(j) xxx

“(k) 00x; [and]
“(xxx [15

“(M) MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD
(MTRCB);

"(N) DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST);
"(O) NATIONAL TELECOMMUNICATIONS COMMISSION (NTC);

“(P) DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (DICT);

"(Q) DEPARTMENT OF FOREIGN AFFAIRS (DFA);
“(R) COMMISSION ON FILIPINOS OVERSEAS (CFO); AND


AND

“(S) DEPARTMENT OF MIGRANT WORKERS (DMW);

“(T) OVERSEAS WORKERS WELFARE AND ADMINISTRATION (OWWA);

"(U) TWO (2) REPRESENTATIVES FROM WOMEN’S RIGHTS
ORGANIZATION WITH PROVEN TRACK RECORD OF INVOLVEMENT
IN THE PREVENTION AND ELIMINATION OF VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN (VAWC) WHO SHALL BE CHOSEN BY
THE GOVERNMENT AGENCY REPRESENTATIVES OF THE COUNCIL TO
SERVE FOR A TERM OF THREE (3) YEARS.

“These agencies are tasked to formulate programs and projects to eliminate
[YAW] VAWC 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} THE
IMPLEMENTATION OF THIS ACT AND ANTI-VAWC initiatives.

sxx.”

SECTION 10. Section 40 of Republic Act No. 9262 is hereby amended to read as follows:

"SEC. 40. Mandatory Programs and Services for [¥ietims] WOMEN AND THEIR
CHILDREN. - IN CASES FILED UNDER THIS ACT. the DSWD. and LGUs shall
provide [the-victims] WOMEN AND THEIR CHILDREN temporary shelters,
provide counseling, psycho-social services and/or |. recovery, rehabilitation programs
and livelihood assistance.

“IN THE CASE OF WOMEN MIGRANT WORKERS AND/OR THEIR
CHILDREN, RELEVANT EMBASSIES AND FOREIGN AFFAIRS
PERSONNEL AND EMPLOYEES SHALL ENSURE THAT THEY ARE GIVEN
ADEQUATE RESOURCES AND ACCESS TO LEGAL, MEDICAL, AND
SOCIAL SERVICES IN THE RECEIVING STATE, DURING TRANSIT AND
UPON RETURN, ESPECIALLY DURING REPATRIATION. THESE
SERVICES INCLUDE THE PROVISION OF TEMPORARY SHELTERS,
PSYCHOSOCIAL SERVICES, AND LEGAL AID, AND PRIORITIZING
WOMEN’S AND CHILDREN’S SPECIFIC HEALTH NEEDS AT THE
COMMUNITY LEVEL, PARTICULARLY ACCESS TO SEXUAL AND
REPRODUCTIVE HEALTH SERVICES, AND ANTI-SEXUAL ASSAULT
KITS TO INCLUDE EMERGENCY CONTRACEPTION AND POST
EXPOSURE PROPHYLAXIS FOR HIV.

“The DOH shall provide medical assistance to [vietims] WOMEN AND THEIR
CHILDREN.

"THE DSWD, LGUS AND DOH SHALL ENSURE THAT ALL RECORDS OF
A WOMAN AND HER CHILDREN OBTAINED IN CONNECTION WITH THE
PROVISIONING OF SUCH SERVICES BY THE AGENCIES SHALL BE
HELD CONFIDENTIAL UNLESS THERE IS A COURT ORDER
AUTHORIZING THE RELEASE OF ANY INFORMATION OR DATA.


"THE DOJ SHALL ESTABLISH AND ADMINISTER AN IDENTITY AND
LOCATION CONFIDENTIALITY PROGRAM TO BE REFERRED TO AS
THE “PROGRAM”, WHICH SHALL ENSURE THE PROTECTION AND
SAFETY OF WOMEN AND THEIR CHILDREN BY PROVIDING THEM
WITH A SUBSTITUTE ADDRESS TO BE USED WHEN INTERACTING
WITH GOVERNMENT AGENCIES AND A NEW MAILING ADDRESS
WHICH KEEPS THEIR ACTUAL WHEREABOUTS CONFIDENTIAL AND
FREE FROM THE RISK OF DISCOVERY BY THIRD PARTIES. THE
PROGRAM SHALL CATER TO WOMEN AND THEIR CHILDREN WHO
INTEND TO ESTABLISH A NEW RESIDENCE OR THOSE WHO HAVE
ALREADY RELOCATED TO ANOTHER PLACE UNKNOWN TO THEIR
ASSAILANTS OR ABUSERS WHO MAY USE PUBLIC RECORDS TO FIND
THEM.

"IN THIS REGARD, THE APPLICATION FOR INCLUSION IN THE
PROGRAM AS WELL AS OTHER SUPPORTING DOCUMENTS
SUBMITTED BY WOMEN AND THEIR CHILDREN SHALL NOT BE
CONSIDERED AS PUBLIC RECORD AND SHALL BE KEPT
CONFIDENTIAL BY THE DOJ AND SHALL ONLY BE RELEASED UPON
THE ORDER OF THE COURT.

"ANY OFFICIAL OR EMPLOYEE WHO WILLFULLY BREACHES THE
CONFIDENTIALITY OF THESE RECORDS OR WILLFULLY DISCLOSES
THE NAME, RESIDENTIAL OR MAILING ADDRESS OF A WOMAN AND.
HER CHILDREN IN VIOLATION OF THIS PROVISION, SHALL SUFFER
THE PENALTY OF ONE (1) YEAR IMPRISONMENT AND A FINE OF NOT
LESS THAN THREE HUNDRED THOUSAND PESOS (P300,000.00) BUT NOT
MORE THAN FIVE HUNDRED THOUSAND PESOS (P500,000.00)

SECTION 10. Section 43 of Republic Act No. 9262 is hereby amended to read as follows:

is i ior-|
ADDITIONAL LEAVE BENEFITS. - DURING THE APPLICATION OF ANY
PROTECTION ORDER, INVESTIGATION, PROSECUTION, AND/OR
TRIAL OF THE CRIMINAL CASE, A VICTIM OF E-VAWC WHO IS
EMPLOYED SHALL BE ENTITLED TO A PAID LEAVE OF ABSENCE OF
UP TO TWENTY (20) DAYS IN ADDITION TO OTHER PAID LEAVES
UNDER THE LABOR CODE, CIVIL SERVICE RULES AND REGULATIONS
AND OTHER EXISTING LAWS AND COMPANY POLICIES, EXTENDIBLE
WHEN THE NECESSITY ARISES AS SPECIFIED IN THE PROTECTION
ORDER. THE PUNONG BARANGAY/KAGAWAD, PNP WOMEN'S AN!



CHILDREN'S DESKS OR PROSECUTOR OR THE CLERK OF COURT,
PHYSICIANS, SOCIAL WORKERS, AND LICENSED COUNSELORS AS THE
CASE MAY BE, SHALL ISSUE A CERTIFICATION, AT NO COST TO THE
WOMAN, THAT SUCH IS PENDING UNDER THEIR JURISDICTION. THIS
CERTIFICATION SHALL BE THE ONLY REQUIREMENT FOR THE
EMPLOYER TO GRANT THE TWENTY (20) -DAY PAID LEAVE
APPLICATION. IN ADDITION TO THE AFOREMENTIONED
CERTIFICATION, AN EMPLOYEE OF THE GOVERNMENT MUST FILE
AN APPLICATION FOR LEAVE, CITING THIS ACT. THE
ADMINISTRATIVE ENFORCEMENT OF THIS LEAVE ENTITLEMENT
SHALL BE CONSIDERED WITHIN THE JURISDICTION OF THE
REGIONAL DIRECTOR OF THEDEPARTMENT OF LABOR AND
EMPLOYMENT (DOLE) UNDER ARTICLE 129 OF THE LABOR CODE OF
THE PHILIPPINES, AS AMENDED, FOR EMPLOYEES IN THE PRIVATE
SECTOR, AND THE CIVIL SERVICE COMMISSION (CSC), FOR
GOVERNMENT EMPLOYEES.

“THE AVAILMENT OF THE TWENTY (20)-DAY LEAVE OF ABSENCE
SHALL BE AT THE OPTION OF THE WOMAN EMPLOYEE, WHICH
SHALL COVER THE DAYS THAT SHE HAS TO ATTEND TO MEDICAL,
LEGAL, AND OTHER VALID CONCERNS RELATED TO THE PENDING
CASE. LEAVES NOT AVAILED OF ARE NONCUMULATIVE AND NOT
CONVERTIBLE TO CASH.

“THE IMMEDIATE SUPERIOR OF THE PERSON APPLYING FOR A
TWENTY (20)-DAY PAID LEAVE MUST APPROVE THE APPLICATION ON
THE SAME DAY THAT IT WAS FILED. IF THE IMMEDIATE SUPERIOR IS
UNAVAILABLE TO ACT ON THE APPLICATION FOR A LEAVE, THE
APPLICATION SHALL BE ACTED UPON BY ANY AVAILABLE SENIOR
OFFICIAL OF THE PRIVATE COMPANY OR GOVERNMENT AGENCY.

“ALL PRIVATE COMPANIES AND GOVERNMENT AGENCIES SHALL
RECORD ALL APPLICATIONS FOR LEAVE IN A LOGBOOK
SPECIFICALLY FOR CASES OF VAWC. THEY SHALL SUBMIT A
QUARTERLY REPORT ON ALL APPLICATIONS FILED TO THE
REGIONAL DIRECTOR OF THE DOLE FOR EMPLOYEES OF THE
PRIVATE SECTOR, AND THE CSC, FOR GOVERNMENT EMPLOYEES.

“FAILURE TO ACT ON AN APPLICATION FOR A TWENTY (20)-DAY PAID
LEAVE OF ABSENCE WITHIN THE PRESCRIBED PERIOD WITHOUT
JUSTIFIABLE CAUSE SHALL IMMEDIATE SUPERIOR OR SENIOR
OFFICIAL ADMINISTRATIVELY LIABLE, AND THE PENALTY OF
SUSPENSION FOR FIFTEEN (15) DAYS SHALL BE IMPOSED UPON THE
OFFICIAL. AN ADMINISTRATIVE COMPLAINT AGAINST THE
IMMEDIATE SUPERIOR OR SENIOR OFFICIAL FOR FAILURE TO
PERFORM ONE'S DUTIES CAN BE FILED BY A VICTIM-SURVIVOR WITH
THE REGIONAL DIRECTOR OF THE DOLE FOR EMPLOYEES OF THE
PRIVATE SECTOR, AND THE CSC, FOR GOVERNMENT EMPLOYEES,
FOR GROSS NEGLECT OF DUTY OR MALFEASANCE.


“THE IMMEDIATE SUPERIOR OR SENIOR OFFICIAL WHO DENIES THE
APPLICATION FOR LEAVE, AND WHO SHALL PREJUDICE THE VICTIM-
SURVIVOR OR ANY PERSON FOR ASSISTING A CO-EMPLOYEE WHO IS
A VICTIM-SURVIVOR UNDER THIS ACT SHALL BE LIABLE FOR A FINE
NOT EXCEEDING TEN THOUSAND PESOS (P10,000.00) AND SUSPENSION
FOR THIRTY (36) DAYS FOR DISCRIMINATION AND VIOLATION OF
THIS ACT.

“ANY SENIOR OFFICIAL, INCLUDING THE HEAD OF THE AGENCY,
WHO HAS KNOWLEDGE OF, BUT FAILS TO ACT ON, OR HAS IN ANY
WAY INFLUENCED, THE DENIAL OF THE IMMEDIATE SUPERIOR OF
THE LEAVE APPLICATION OF A VICTIM-SURVIVOR SHALL BE HELD
ADMINISTRATIVELY LIABLE AND SHALL BE SUSPENDED FOR
FIFTEEN (15) DAYS.

SECTION 11. 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 12. Repealing Clause. - All laws, decrees, executive orders, rules and regulations,
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,