T”EENTH CONGRESS OF THE REPUBLIC ) 
OF THEPHILIPPINES 
1 
FIRST REGULAR SESSION 
1 
S E N A T E  
(c3 3 
S.B.No. 
u* 6‘ 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, provides that: 
Sec. 5. The maintenance of peace and order, the protection of life, 
liberty, and property, and the promotion of general welfare are essential 
for the enjoyment by all the people of the blessig of democracy. 
The privacy of individuals and their families have been violated by 
photographers, videographers, and audio recorders who physically trespass in order to 
capture images or other reproductions of their private lives for commercial purposes, or 
who do so constructively through intrusive modern visual or auditory enhancement 
devices, such as powerful telephoto lenses and hyperbolic microphones that enable 
invasion of private areas that would otherwise be impossible without trespassing. 
Such harassment and trespass threatens not only public persons and their families, 
but also private persons and their families for whom personal tragedies or circumstances 
beyond their control create media interest. 
This bill seeks to provide protection fi-om personal intrusion for commercial 
purposes to protect individuals and their families against intrusions on their privacy due 
to activities undertaken in connection with the reproduction and broadcast of their private 
activities. 
In view of the foregoing, immediate approval of this bill is earnestly sought. 
LUISA “LOI” P.bJERClT0 ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
S E N A T E  
S.B.No. 
a 
ii3 
. 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
TO 
PROVIDE 
PROTECTION 
FROM 
PERSONAL 
INTRUSION 
FOR 
COMMERCIAL PURPOSES . 
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 “Personal Privacy 
Protection Act of 2004”. 
Sec. 2. Declaration of Policy. - It is hereby the policy of the State to adopt 
measures that would effectively promote the maintenance of peace and order, the 
protection of life, liberty and property, and the promotion of the general welfare which 
are essential for the enjoyment by all the people of the blessing of democracy in a just 
and humane society. 
Sec. 3. Definition of Term. - For purposes of this Act, “for commercial purposes” 
means with the expectation of sale, financial gain, or other consideration. 
Sec. 4. Rule of Construction- For purposes of this Act, a visual image, sound 
recording, or other physical impression shall not be found to have been, or intended to 
have been, captured for commercial purposes unless it was intended to be, or was in fact, 
sold, published, or transmitted in Philippine or foreign commerce, or unless the person 
attempting to capture such image, recording, or impression moved in Philippine or 
foreign commerce in order to capture such image, recording, or impression. 


Sec. 5. Trespass for Commercial Purposes Invasion of Legitimate Interest in 
Privacy for Commercial Purposes- 
(1) TRESPASS FOR COMMERCIAL PURPOSES- It shall be unlawful 
to trespass on private property in order to capture any type of visual image, sound 
recording, or other physical impression of any person for commercial purposes. 
(2) INVASION OF LEGITIMATE INTEREST IN PRIVACY FOR 
COMMERCIAL PURPOSES- It shall be unlawful to capture any type of visual 
image, sound recording, or other physical impression for commercial purposes of 
a personal or familial activity through the use of a visual or auditory enhancement 
device, even if no physical trespass has occurred, if-- 
(A) the subject of the image, sound recording, or other physical 
impression has a reasonable expectation of privacy with respect to the 
personal or familial activity captured; and 
(B) the image, sound recording, or other physical impression could 
not have been captured without a trespass if not produced by the use of the 
enhancement device. 
Sec. 6. Cause of Action- Any person who is legally present in the Philippines who 
is subjected to a violation of this Act may, in a civil action against the person engaging in 
the violation, obtain any appropriate relief, including compensatory damages, punitive 
damages and injunctive and declaratory relief A person obtaining relief may be either or 
both the owner of the property or the person whose visual or auditory impression has 
been captured. In any civil action or proceeding to enforce a provision of this Act, the 
court shall allow the prevailing party reasonable attorney's fees as part of the costs. In 
awarding attorney's fees, the court shall include expert fees as part of the attorney's fees. 


Sec. 7. Limitation on Defenses- It is not a defense to an action under this section 
that-- 
(1) no image or recording was captured; or 
(2) no image or recording was sold. 
Sec. 8. Use of Images- Nothing in this Act may be construed to make the sale, 
transmission, publication, broadcast, or use of any image or recording of the type or 
under the circumstances described herein in any otherwise l a d l  manner by any person 
subject to criminal charge or civil liability. 
Sec. 9. Limitation- Only a person physically present at the time of, and engaging 
or assisting another in engaging in, a violation of this Act is subject to civil liability under 
this Act. A person shall not be subject to such liability by reason of the conduct of an 
agent, employee, or contractor of that person, or because images or recordings captured 
in violation of this Act were solicited, bought, used, or sold by that person. 
Sec. 10. Law Enforcement Exemption- The prohibitions of this Act do not apply 
with respect to official law enforcement activities. 
Sec. 1 1. Repealing Clause. - Any law, presidential decreed, issuance, executive 
order, letter of instruction, administrative order, rule and regulation contrary to or 
inconsistent with the provisions of this Act is hereby repealed, modified, or amended 
accordingly. 
Sec. 12. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the other provisions not affected thereby shall remain valid and 
subsisting. 


Sec. 13. Effectivity CZause. - This Act shaII take effect fifteen (15) days 
following its complete publication in two (2) newspapers of general circulation or in the 
official Gazette. 
Approved,