Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2266

House Bill No.

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 9262, otherwise known as the Anti-Violence
Against Women and Their Children Act of 2004, in cognizance of the vulnerability of children and
‘women in this present age of remarkably fast-paced information technology and social media.

The utilization of modern information technology to connect peoples of the world via
computers, mobile phones and other gadgets has been of enormous contribution to the progress and
development of any country today. This technological advancement has made communications and
the spread of information expeditious, effortless and literally at anybody’s fingertips. Regrettably,
however, while it has its exceptionally wide-ranging advantages, the same can also have
devastating impact if employed as a means of violence and abuse. The sad fact is it has been
conveniently resorted to by unscrupulous individuals and groups in perpetrating abuse of, and
violence against, women and children, These nefarious activities using information technology as
a tool have become alarmingly prevalent today.

Countless women and children have become victims of perverse recording and
photography of private activities or their private parts and the reproduction and distribution of such
contents that are sexual, malicious or predatory in character. Violence against women and children
has profound and lasting impact on their physical and psychological well-being. It has been found
that many develop depression, anxiety and post-traumatic stress disorders as a result of such
violence and abuse.

The child is equally, if not most vulnerable, to these forms of violence and abuse.
According to a study of the World Health Organization, one single occurrence of sexual aggression
is sufficient to create long-lasting negative effects, especially if the child-victim does not
subsequently receive immediate intervention and appropriate support.' Like violence against
‘women in the family, child abuse often continues for many years and its disabling effects can carry
over into adult life? As technology is woven in the fabric of our daily lives, any form of misuse to
cause assault, especially against the weak and the vulnerable, should be effectively addressed by
dynamic and evolving legislation.

This measure aims to be responsive to the demands of the time in the advent of swift
technological developments. The bill seeks to institute concrete policies and mechanisms to prevent
the proliferation of any and all forms of electronic violence against women and children and provide
legal leverage and protection to victims thereof by clearly defining this form of violence in our
legal system and imposing severe penalties therefor.

This bill was approved on Third and Final Reading by the House of Representatives in the
17" Congress. It is prayed that in the 18 Congress, measure finally gets enacted into law.

In view of the foregoing considerations, approval of this bill is most ¢arnestly sought.

REP. LAWRENOE LEMYEL H. FORTUN

1 World Health Organization. (n.d). (Rep.). Retrieved from https://www.who.int/gender/violence)¥®-paf

2 awa


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
226

House Bill No.

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT
DEFINING ELECTRONIC VIOLENCE AGAINST WOMEN AND THEIR:
CHILDREN, PROVIDING PROTECTIVE MEASURES, AND PRESCRIBING
PENALITIES 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. Section 1 of Republic Act No. 9262, otherwise known as the “Anti-Violence
Against Women and Their Children Act of 2004”, is hereby amended to read as follows:

“SECTION 1. Short Title. — This Act shall be known as the “EXPANDED Anti-
Violence Against Women and Their Children [Act of 2004] (E-VAWC) ACT”.

Section 2, Section 3, paragraph (a) of Republic Act No. 9262, otherwise known as the
“Anti-Violence Against Women and Their Children Act of 2004” is hereby amended to
read as follows:

“SEC. 3. Definition of Terms. — xxx

“(@) xxx

(A) xxx

“(B) xxx

“(C) “Psychological violence” refers to acts or omissions THAT MAY BE
COMMITTED THROUGH PHYSICAL, VERBAL, EMOTIONAL, ELECTRONIC
OR INFORMATION COMMUNICATION TECHNOLOGY (ICT)-RELATED
MEANS, OR OTHER MEANS causing or likely to cause mental or emotional suffering
of [the victim) A WOMAN AND HER CHILDREN such as [but not limited to}
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 victim] COERCING A WOMAN AND HER CHILDREN to witness the
physical, sexual or psychological abuse of a member of the family to which the [victim]
WOMAN AND HER CHILDREN belong[s], or to witness pornography in any form or
to witness abusive injury to pets or to unlawful deprivation of the right to custody and/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 INFORMATION AND COMMUNICATIONS TECHNOLOGY
WHICH CAUSES OR IS LIKELY TO CAUSE MENTAL, EMOTIONAL, OR
PSYCHOLOGICAL DISTRESS OR SUFFERING TO THE WOMAN AND HER
CHILDREN, TO INCLUDE THE FOLLOWING:

“() UNAUTHORIZED RECORDING, REPRODUCTION,
DISTRIBUTION, USE, SHARING OR UPLOADING OF ANY PHOTOGRAPH,


41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
m1
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
o1
92
93
94

96
97

VIDEO, OR OTHER FORM OF ELECTRONIC AND/OR ARTISTIC
PRESENTATION SHOWING OR DEPICTING IN ANY FORM OF ELECTRONIC
AND/OR ARTISTIC PRESENTATION SHOWING OR DEPICTING IN ANY
FORM OR MANNER THE GENITALIA OF A WOMAN AND THOSE OF HER
CHILDREN’S GENITALIA, PUBIC AREA, BUTTOCKS, BREASTS,
EXCRETORY BODY PART OR FUNCTION, NUDITY, SCENES WITH SEXUAL
CONTEXT OR POTRAYAL OF SEXUAL CONDUCT SUCH AS SEXUAL
INTERCOURSE, MASTURBATION, KISSING, CARESSING, HUGGING, AND
PETTING;

“(2) UNAUTHORIZED RECORDING, REPRODUCTION,
DISTRIBUTION, USE, SHARING OR UPLOADING OF ANY PHOTOGRAPH,
VIDEO, OR ANY OTHER FORM OF ELECTRONIC AND/OR ARTISTIC
PRESENTATION EXHIBITING ANY SEXUALLY-RELATED VERBAL OR
NONVERBAL EXPRESSION OR GESTURE OF THE WOMAN AND HER
CHILDREN WHICH MAY BE CONSTRUED AS LEWD, INDECENT OR
OBSCENE;

“3) UNAUTHORIZED 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 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 SUBSECTION (a) E. 1-3;

“(5) UNATHORIZED USE OF A PHOTOGRAPH, VIDEO, VOICE
RECORDING, NAME OR ANY MARK, REFERENCE OR CHARACTER
IDENTIFIABLE WITH A WOMAN AND HER CHILDREN AND SUGGESTIVE
OF A WRONGDOING, CONDUCT OR ATTRIBUTE THAT TENDS TO
BESMIRCH THE REPUTATION OF THE WOAMN AND HER CHILDREN;

“(6) HARASSING, INTIMIDATING, COERCING, THREATENING OR
VILLIFYING THE WOMAN AND 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 WITH
ILL INTENT AND MALICE, TO SOW INTRIGUE OR INFLICT HARM.”

Section 3. Section 5 of Republic Act No. 9262 is hereby amended to read as follows:
“SEC. 5. Acts of Violence Against women and Their Children. — xxx

(a) xxx
“(b) xxx.
(©) xxx
“(d) xxx
“(e) Xxx,
S(f) xxx
“(g) xxx
“(h) xxx
“(i xxx


98

99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154

(1) xxx

(2) xxx

(3) xxx

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

(5) xxx

“(6) UNAUTHORIZED RECORDING, REPRODUCING OR
DISTRIBUTING OF VIDEOS WHICH ARE SHOWING THE WOMAN AND HER
CHILDREN’S NAKED OR IN THEIR UNDERGARMENT CLAD GENITALS,
PUBIC AREA, BUTTOCKS OR BREASTS;

“(7) SHARING WITHOUT THE CONSENT OF A WOMAN AND HER
CHILDREN, ANY MEDIA THAT CONTAIN PICTURES, VOICE RECORDING
OR VIDEO FO THE WOMAN AND HER CHILDREN WHICH MAY BE
CONSTRUED AS LEWD, INDECENT OR OF SEXUAL CONTENT; AND

“(8) USING THE PICTURE, VIDEO, VOICE NAME OR ANY OTHER
ASPECT OF THE IDENTITY OF A WOMAN AND HER CHILDREN WITHOUT
PERMISSION AND FOR MALICIOUS PURPOSES INCLUDING BUT NOT
LIMTED TO PORNOGRAPHY, AND OTHER VIOLATIONS STIPULATED IN
REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE “CYBER CRIME
PREVENTION ACT OF 2012”.

“(i) xxx

(J) INFLICTING ELECTRONIC VIOLENCE AGAINST A WOMAN AND
HER CHILDREN; AND

“(K) THREATENING TO CAUSE ELECTRONIC VIOLENCE AGAINST A
WOMAN AND HER CHILDREN.”

Section 4. Section 6 of Republic Act No. 9262 is hereby amended to read as
follows:

“SEC. 6. Penalties. — xxx

“(a) Xxx

“(b) xxx

(0) xxx

“@) xxx

S(e) xxx

S() xxx

“(G) ACTS FALLING UNDER SECTION 5(J) AND 5(K) SHALL BE
PUNISHED BY PRISION MAYOR.

“If the acts committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be 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 ({P100,000.00] P300,000.00) but not
more than [Three] FIVE hundred thousand pesos ({P300,000.00]P500,000.00) but
PROVIDED, THAT, IN CASES INVOLVING 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 THSOUAND PESOS (P500,000.00); AND (b) undergo mandatory
psychological counseling or psychiatric treatment and shall report compliance to the court.”

Section 5. Section 7 of Republic Act No. 9262 is hereby amended to read as
follows:

“SEC. 7 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 the absence of such court in the place where the offense was committed,
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


155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211

ICT-RELATED VIOLENCE, THE CASE MAY BE FILED THE PLACE
WHERE THE COMPLAINANT RESIDED AT THE TIME THE WOMAN AND
HER CHILDREN LEARNED OF THE COMISSION OF THE OFFENSE.”

Section 6. Section 8 of Republic Act No. 9262 is hereby amended to read as
follows:

“SEC. 8. Protection Orders. ~ xxx

“(a) xxx

“(b) xxx

“(c) xxx

“(d) xxx

“(€) xxx

“(xxx

“(g) xxx

“(h) xxx.

(i) xxx

“() xxx; [and]

“(k) xxx [.]; AND

“(L) FOR E-VAWC CASES, 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 HER CHILDREN. FAILURE OF THE INTERNET
SERVICE PROVIDERS TO COOPERATE WITH LAW ENFORCEMENT
AGENICES CONSTITUTES THE CRIME OF OBSTRUCTION OF JUSTICE.
THE DUTIES OF THE INTERNET SERVICE PROVIDERS AS PROVIDED FOR
UNDER SECTION 9 OF REPUBLIC ACT NO. 9775, OTHERWISE KNOWN AS
THE ‘ANTI-CHILD PORNOGRAPHY ACT OF 2009’ SHALL BE APPLICABLE.

“xxx”

Section 7. Section 24 of Republic Act No. 9262 is hereby amended to read as
follows:

“SEC. 24. Prescriptive Period. — Acts falling under Sections 5(a) to 5(f) shall
prescribe in twenty (20) years. Acts falling under Section 5(g) to 5(i) shall prescribe in ten
(10) years. ACTS FALLING UNDER SECTION 5(J) AND 5(K) SHALL
PRESCRIBE IN FIFTEEN (15) YEARS.”

Section 8. Section 39 of Republic Act No. 9262 is hereby amended to read as
follows:

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

“(a) xxx

“(b) [National Commission on the Role of Filipino Women (NCRFW)]
PHILIPPINE COMMISSION ON WOMEN (PCW);

(0) xxx

“(d) xxx

S(e) xxx

“() xxx

“(g) xxx

“(h) xxx

“(i) xxx

“9G xxx

“(k) xxx; and

“O) xxxL J;

“(M) MOVIE AND TELEVISION REVIEW AND CLASSIFICATION
BOARD (MTRCB);

“(N) DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST);

“(O) NATIONAL TELCOMMUNICATIONS COMMISSION (NTC);


212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267

“(P) DEPARTMENT OF INFORMATION AND COMMUNICATION
TECHNOLOGY (DICT);

“(Q) DEPARTMENT OF FOREIGN AFFAIRS (DFA);

“(R) COMMISSION ON FILIPINOS OVERSEAS (CFO); AND

“(S) TWO (2) REPRESENTATIVES FROM CIVIL SOCIETY
ORGANIZATIONS (CSOs) WITH 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 REPRESENTATIVE OF THE
COUNCIL TO SERVE A TERM OF THREE (3) YEARS.

mn

Section 9. Section 40 of Republic Act No. 9262 is hereby amended to read as
follows:

“SEC. 40. Mandatory Programs and Services for [Victims] WOMEN AND
THEIR CHILDREN. - The DSWD, and LGUs shall provide the [victims] WOMEN
AND THEIR CHILDREN temporary shelters, provide counseling, psycho-social
services and/or[.] recovery, rehabilitation programs, and livelihood assistance.

“The DOH shall provide medical assistance to [victims] WOMEN AND THEIR
CHILDREN.

“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 TO KEEP
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 REOCRD 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
CONFIDENTIALLY OF THESE RECORDS OR WILLFULLY DISCLOSES THE
NAME, RESIDENTIAL OR MAILING ADDRESS OF A WOMAN AND HER
CHILDREN IN VIOLATION OF THIS PROVISION, 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).”

Section 10. Section 43 of Republic Act NO. 9262 is hereby amended to read as
follows:

“SEC. 43. [Entitlement to Leave. — Victims under this Act shall be entitled to take
a paid leave of absence up to ten (10) days in addition to the paid leaves under the Labor
Code and Civil Service Rules and Regulations extendible when the necessity arises as
specified in the protection order.


268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323

“Any employer who shall prejudice the right of the person under this section shall

be penalized in accordance with the provisions of the Labor code and the Civil Service
Rules and Regulations. Likewise, and employer who shall prejudice any person for
assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.] TEN (10)-DAY PAID LEAVE IN ADDITION TO OTHER 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
PAID LEAVE OF UP TO TEN (10) 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, PHSYICIANS, 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 TEN (10)-DAY PAID LEAVE APPLICATION.
FOR GOVERNMENT EMPLOYEES, IN ADDITION TO THE
AFOREMENTIONED CERTIFICATION, THE EMPLOYEE CONCERNED
MUST FILE AN APPLICATION FOR LEAVE, CITING THIS ACT. THE
ADMINSTRATIVE ENFORCEMENT OF THIS 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
COMMSSION (CSC), FOR GOVERNMENT EMPLOYEES.
“THE AVAILMENT OF THE TEN (10)-DAY LEAVE OF ABSENCE SHALL BE
AT THE OPTION OF THE WOMAN EMPLOYEE, AND IT SHALL COVER THE
DAYS THAT SHE HAS TO ATTEND TO MEDICAL, LEGAL AND OTHER
VALID CONCERNS RELATED TO THE PENDING CASE. LEAVES NOT
AVAILED ARE NONCUMULATIVE AND NOT COVERTIBLETO CASH.

“THE IMMEDIATE SUPERIOR OF THE PERSON APPLYING FOR A
TEN (10) DAY PAID LEAVE MUST APPROVE THE APPLICATION ON THE
SAME OF APPLICATION. IF THE IMMEDIATE SUPERIOR IS UNAVAILABLE
TO ACT ON 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 VAWC. THEY SHALL SUBMIT A QUARTERLY REPORT ON
ALL APPLICATION FILED 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 TEN (10)-DAY PAID
LEAVE OF ABSENCE WITHIN THE GIVEN 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.



324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349

“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 TO GRANT
LEAVE TO A VICTIM-SURVIVOR SHALL BE HELD ADMINSTRATIVELY
LIABLE AND SHALL BE SUSPENDED FOR FIFTEEN (15) DAYS.”

Section 11. Separability Clause. - If any portion or provision of this Act is held
unconstitutional or invalid, the remaining portions or provisions shall not be affected.

Section 12. 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.

Section 13. Effectivity.- This Act shall take effect fifteen (15) days after its
publication after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,