Rewble of Gs, Phipsives

CATE: san 13
HOUSE OF REPRESENTATIVES i TIME: 2.02
Quexon City

EIGHTEENTH CONGRESS
‘Second Regular Session

House BILL No. 8408

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

The Constitution mandates the State to uphold human rights, including the dignity of
every human person, and the right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose.

Further, the Civil Code provides:

“Art. 26. 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;

(4) Vexing or humiliating another on account of his religious beliefs,
lowly station in life, place of birth, physical defect, or other personal
condition.”

These legal rights are violated by “stalking,” which is an act described herein as
harassing, bothering, frightening and otherwise interfering with the private lives of
people. The act is a form of disguised intimidation, which may be a subtle attempt at
harassment. Existing civil and criminal remedies are insufficient to prevent the
commission of the act. This bill therefore, seeks t
constituting the crime of stalking.



Rabo he Phin
melee REPRESENTATIVES

Queen City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8408

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
DEFINING THE CRIME OF STALKING
AND PROVIDING THE PENALITIES 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-Stalker Act.”

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. — For the purpose of this Act, the term:
(A) “Harasses” means to engage in a knowing and willful conduct that —
(1) Is directed at a particular person;
(2) Seriously alarms, disturbs, or terrorizes the person;
(3) Serves no legitimate purpose;
(4) Would cause a reasonable person to suffer 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.

“Emotional distress” means temporary or permanent state of great physical or

mental strain.

“Family or household member” means spouses, or persons who have been

‘spouses, persons living 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.

(D)

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SECTION 4. Punishable Acts. A person commits stalking when he or she harasses
another by:

(A) Making repeated unsolicited telephone calls without the purpose of legitimate
communication;

Making repeated communications anonymously or at extremely inconvenient
hours, or in offensively course language;

(C) Making repeated visits to the victim’s home or workplace;

(D) Following or repeatedly maintaining visual or physical proximity to the victim in or
about a public place or places; or

Engaging in any other course of alarming conduct.

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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 prision correccional in
its minimum period or a fine ranging from One Thousand Pesos (P1,000.00) to Five
Thousand Pesos (P5,000.00).

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 otherwise affected shall
remain valid and subsisting.

SECTION 7. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent, with the provision of this Act is hereby modified, or amended
accordingly.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,