Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No,__ 1390

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROHIBITING HARASSMENT AND INVASION OF PRIVACY
FOR COMMERCIAL PURPOSES

EXPLANATORY NOTE

Section 5, Article 2, of the Constitution provides that, "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 blessing of democracy.”

One important aspect covered by this particular provision of the Constitution is
the privacy of individuals and their families which have been violated, time and again, by
unscrupulous photographers, videographers and audio recorders who physically
trespass in order to capture images or other reproductions of their private lives for
commercial purposes. Some though have taken advantage of available high-tech
gadgets with very intrusive modern visual or auditory enhancement devices, such as
powerful telephoto lenses and hyperbolic microphones that enable invasion of private
areas, to take the act of trespassing to a whole new and different level.

Due to these developments, 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.

With this bill, adequate protection will be given individuals, be they public or
private, from personal intrusion for commercial purposes and also 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, we earnestly appeal for the immediate approval of this
bill

DIOSDADO GAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No,__ 1390

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROHIBITING HARASSMENT AND INVASION OF PRIVACY
FOR COMMERCIAL PURPOSES

Be it enacted by the Senate and the 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 2013.”

SECTION 2. Declaration of policy. — It is a declared policy of the State to
protect public and private individuals against unwarranted harassment and
invasion of privacy for commercial purposes.

SECTION 3. Definition of Terms. — For the purpose of this Act, the term:

(A) "For commercial purposes” means with the exceptions of sale,
financial gain, or other consideration;

(B) "Harassment” means the act of persistently and physically following or
chasing a person in a manner that causes the person to have a
reasonable fear of bodily injury, in order to capture by a visual or auditory
recording instrument any type of visual image, sound recording or other
physical impression of the person for commercial purposes

SECTION 4. Harassment for Commercial Purposes. - Any person who
shall commit harassment against another for commercial purposes shall suffer
the penalty of:


(A) Reclusion temporal and a fine of Fifty Thousand Pesos (P50,000.00),
if death is proximately caused by such harassment;

(B) Prision mayor and a fine of Twenty Thousand Pesos (P20,000.00), if
seriously bodily injury is proximately caused by such harassment; and

(C) Aresto mayor and a fine of One Thousand Pesos (P1,000.00), if
neither death nor serious bodily injury is proximately caused by such
harassment.

SECTION 5. Persons Criminally Liable. — Only persons physically present
at the time of, and engaging in or assisting another in engaging, the commission
of the act penalized under Section 4 hereof shall be subject to criminal or civil
liability under this Act

A person shalll not be subject to such violation 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.

SECTION 6. Limitation on Defenses. — It is not a defense to a prosecution
or civil action that

(A) No image or recording was captured; or
(B) No image or recording was sold

SECTION 7. Exception. — The provisions of this Act shall not apply with
respect to official law enforcement activities

SECTION 8. 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 9. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with, the provisions of this Act is hereby
repealed, modified, or amended accordingly

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or at least two (2) newspapers of
general circulation

Approved,