TI-IIRTEENTH CONGRESS OF THE REPUBLIC) 
j
*
 
L 
OF THE PIHILIPPINES 
1 
First Regular. Session 
) 
S E N  
’04 
JUL -1 
AIOS0 
S B No 
Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
The Constitution, Article 2, Section 11 provides that “the State shall value the 
dignity of every human person.” 
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Further, the Civil Code, Article 26 provides that “eveiy person shall respect the 
dignity, personality, privacy and peace of mind of his neighbors and other persons.” 
The right to privacy is not an absolute right. A limited intrusion into a person’s 
privacy is permissible where that person is a public figure and the information sought to be 
elicited from him or to be published about him constitute matters of a public character. 
This does not :nclude cases where intrusion into the private lives of individuals and their 
families already endanger their lives 
cause them injury. Neither does it allow 
harassment that threatens even private persons and their families. 
or 
The right to privacy of individuals and their families is could be violated by 
photographers, cameramen and persons with audio recorders attempting to capture images 
or other reproductions of their private lives for commercial purposes. Journalists could 
persistently follow or chase them in a manner that puts thern in reasonable fear of bodily 
injury, and in danger of serious bodily injury or even death 
This bill seeks to protect individuals and their families by prohibiting unwarranted 
harassment or invasion of privacy for commercial purposes. 
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THIRTEENTH CONGRESS OF TFIE REPUBLIC) 
131-st Regular Session 
1 
SENATE 
OF THE PHILIPPNES 
1 
WICE OF TtiE 5~~~~~~ 
S E N A T E  
’04 JtlL -1 
ATO:40 
S B No 
Introduced by Senator Mniam Defensor Santiago 
_. 
AN ACT 
PROHIBITING HARASSMENT AND INVASION OF PRIVACY 
FOR C O r n R C r n  PURPOSF,S 
Be it enacted b-v the Senute urid House of Representatives of the Fhilippiites in 
Cmgress assembled: 
SEC17ON 1. Short Ti&.- 
I i i s  Act shall be known as the “Personal Privacy 
Protection Act.” 
SECTION 2. 
Qeclarcition of Policy.- 
It is 5 declared policy of the State to 
protect p s i i c  mi pril;ati individGals against univarranted harassment and invasion of 
privacy for commercial purposes. 
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SECTION 3. &flwtion of~Terms.- For the purposes ofthis Act, the term: 
(A) “For commercial purposes” means with the expecfation of sale, financial 
gain, or other consideration, 
(B) “Hntassmenf’ Inems the act o f  persistently and physically following or chEiffing 
a person in a manner that caiises the person to have a reasonable fear of bodily injury, in 
order to capture by 5 visual or auditory recording instrument any type of visual irnqe, 
sound recording, or other physical impression ofthe person for commercial purposes. 


SECTION 4. Hurusment jby Commercial Ptluposes.- Any person who shall 
be 
harass another for commercial purposes, shall be guilty of this crime and shall 
imposed: 
1. The penalty of reclusion temporal, and afine of fi* 
thousand pesos, if death is 
proximately caused by such harassment; 
2. The penalty of prision mayor, and a fine of twenty thousand pesos, if seriow 
bodily injuy is proximately caused by such harassment and 
3. The penalty of meeto mayor, and a fine of one thousand pesos, if neither death 
, 
nor serious bodily injury is proximately caused by such harassment. 
SECTION 5. Persons Criminally LiabEe. - 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 criminal charges or civil liability under this section. 
A person shall not be subject to such charge or liability by reason ofthe conduct o€ 
rn agent, employee, or contractor of that person or because images or recordings captured 
in violation of this Act were solicited, bought, wed, or sold by that person. 
SECTION 6. Limitation on Dej&nses.- It is not a defense to a prosecution or civil 
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action that: 
(A) no image or recording was cqtnred; or 
(B) no image or recording was sold. 
SECTION 7. Exception.- The provisions ofthis Act shall not apply with respect 
to official law enforcement activities. 
SECTION 8. Separability Claim.- lfany provision, or part hereof, is held invalid 
or imconstitutional, the remainder of the law or the provision not otherwise affected shall 
reniain valid and subsisting. 


SECTION 9. Repealing Clause.- Any law, presidential decree or issuance, 
execntive order, letter of instruction, administrative order, fule or regulation contrary to or 
inconsistent .with, theyTrovisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 10. Efleectivit?, C1uuse.- This Act shall take efl'ect fifteen (15) days after 
its publication iti at least two (2) newspapers of$eneral circulation. 
Approved. 
DT 
9 October 1998