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

TWENTIETH CONGRESS
First Regular Session

vouse pitt No. 2420

Introduced by REP. YSABEL MARIA J. ZAMORA

EXPLANATORY NOTE

Republic Act No. 9262, or the “Anti-Violence Against Women and Their Children
‘Act of 2004,” was a landmark legislation aimed at protecting women and their children from
all forms of abuse, particularly within the context of intimate relationships and the family.
However, in the two decades since its passage, the digital landscape has transformed the
way violence is inflicted, enabling new and often more invasive forms of abuse.

This bill seeks to amend and expand RA No. 9262 to address the alarming rise of
electronic or ICT-related violence. Under the bill, electronic or ICT-related violence is a form of
abuse that uses or exploits data or any form of information and communications technology
(ICT) to cause mental, emotional, or psychological distress or suffering to a woman and/or
her children. This includes acts such as sharing of intimate photos or videos; online
harassment, threats, and stalking; creation of fake social media accounts; fabrication and
circulation of fake news to damage a victim's reputation; and hacking of personal digital
accounts.

The proposed measure also expands the definition of “psychological violence” to
reflect that such harm may now be committed using ICT platforms, including social media.
In addition, the bill amends Section 5 of the law by including the commission of electronic or
ICT-related violence, or the threatening thereof, as one of the acts of violence against women
and their children. Offenders are meted the higher penalty of reclusion temporal as well as,
increased fines and mandatory psychological counselling. Note that electronic or ICT-related
violence is made imprescriptible under the measure.

This bill likewise provides for expanded jurisdiction and venue (Section 5), enhanced
protection orders (Section 6), strengthened Inter-Agency Council (Section 9), special
provisions for confidentiality and reintegration (Section 10), and expanded leave of twenty
(20) days for victims (Section 11).

With these, the approval of this measure is eamestly sought.

'YSABEL J. ZAMORA.
\e District, City6f San Juan

EPRI “SS
BS

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

‘TWENTIETH CONGRESS
First Regular Session

9
nouse BiLNo. 2420

Introduced by REP. YSABEL MARIA J. ZAMORA

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 ACT OF 2004”

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 “Expanded Anti-Violence
Against Women and Their Children (E-VAWC) Act.”

SEC. 2. Section 3 of Republic Act No. 9262 is amended to read as follows:
“SEC. 3. Definition of Terms. — As used in this Act,
“@)xxx
MAXXX
“BLEXXX

“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
victim] A WOMAN AND/OR HER CHILDREN, such as [but-not
Himitedto] intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, {repeated} verbal abuse and marital
infidelity. It includes THE ACT OF causing or [allowing-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 [vietim-belongs] WOMAN AND/OR HER CHILDREN
BELONG 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] OR visitation of common children.

“D.xxx

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

“() 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 PETTING;

“(2) RECORDING, REPRODUCTION,
DISTRIBUTION, USE, SHARING OR UPLOADING OF ANY
PHOTOGRAPH, VIDEO, OR ANY OTHER FORM 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 PARAGRAPH (a) E. 1-3 OF THIS
SECTION;

“8) USE OF A PHOTOGRAPH, VIDEO, VOICE
RECORDING, 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.”

“Xxx.”
SEC. 3. Section 5 of the same Act is amended to read as follows:
“SEC. 5. Acts of Violence Against Women and Their Children. ~ x x x
(a) xxx
Mb) xxx
"(Qxxx

4d) xxx

“@)xxx


“(Xxx

(g)xxx

wh) xxx
"(U) xxx
"Q)xxx
"Q)xxx

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

“()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;

“(7) 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
“() 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.”

SEC. 4. Section 6 of the same Act is amended to read as follows:

“SEC. 6. Penalties. - x x x


a) xxx
Mb) xxx
MOxxx
“d)xxx
"(xxx
“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 WOMANS 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#06-006-00]
300,000.00) but not more than [Fhree] FIVE hundred thousand pesos
({300;000-08] P500,000.00): PROVIDED, THAT IN CASES 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.”

SEC. 5. Section 7 of the same Act is amended to read as follows:

“SEC. 7. JURISDICTION AND Venue. - The Regional 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 [in-the-place-where-the-offense-was-eommitted], 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.”

SEC. 6, Section 8 of the same Act is amended to read as follows:
“SEC. 8. Protection Orders. ~ x x x
“ayxxx
(b) xxx
MO)xxx
“(d)xxx
Me)xxx
ME) xxx
“@)xxx
“h) xxx
“i)xxx
“G) xxx; fan]
“(k) 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


“(L) Provision of such other forms of relief as the court deems necessary
to protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

“XXX.

SEC. 7. Section 24 of the same Act is amended to read as follows:

“SEC. 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 SECTIONS 5(J) AND 5(K) OF THIS ACT SHALL BE
IMPRESCRIPTIBLE.”

SEC. 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.

xxx!

SEC. 9. Section 39 of the same Act is amended to read as follows:

“SEC. 39. Inter-Agency Council on Violence Against Women and Their
Children (IAC-VAWC). ~x x x

a) xxx

“(b) [Neti soi
PHILIPPINE COMMISSION ON WOMEN (PCW);

“(Xxx
(d)xxx
M()Xxx
“xxx

"(g)xxx


“h) xxx
Mixxx

“xxx

“(k) Department of Labor and Employment; [and]
“() National Bureau of Investigation{.];

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

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

“(U) TWO (2) REPRESENTATIVES FROM WOMEN’S RIGHTS
ORGANIZATIONS WITH A 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 [¥AW] 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 [te-¥AW]
THE IMPLEMENTATION OF THIS ACT AND ANTI-VAWC initiatives.”
“XXX.”

SEC. 10. Section 40 of the same Act is amended to read as follows:

“SEC. 40. Mandatory Programs and Services for ['¥ietims] WOMEN AND
THEIR CHILDREN. ~- IN CASES FILED UNDER THIS ACT, [Fhe] THE


DSWD, and LGUs shall provide [the vietims] WOMEN AND THEIR
CHILDREN, temporary shelters, provide counseling, psycho-social services
[and/or,] 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 IN CASES FILED UNDER THIS ACT.

“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
OF THIS ACT, 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).”

SEC. 11. Section 43 of the same Act is amended to read as follows:

10

“SEC. 43. [Eretitlementte-Leave—Vietims-under-this Act shall be entitled
; . 7 ‘ a "

shalHikewise betiable for diserimination:] 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 AND 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 THE DEPARTMENT 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.


uw

“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 NON-CUMULATIVE
AND NOT CONVERTIBLE TO CASH.

“THE IMMEDIATE SUPERIOR OF THE PERSON APPLYING FOR
A TWENTY (20)-DAY PAID LEAVE SHALL APPROVE THE APPLICATION
ON THE SAME DAY 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 E-VAWC. THEY SHALL SUBMIT A
QUARTERLY REPORT ON ALL APPLICATIONS ISSUED 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 RENDER THE 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 (30) 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.”


SEC. 12. Separability Clause. - If any portion or provision of this Act is held
unconstitutional or invalid, the remaining portions or provisions shall not be affected.

SEC. 13. Repealing Clause. - All laws, decrees, executive orders and rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,

12