,.. 
THIRTEENTH CONGRESS OF THE? REPUBLIC) 
OF THE PHILIPPINES 
1 
’04 qJtlI.. 14 P 3 2 0  
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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 
(3) Intriguing to cause another to be alienated from his friends; 
(4) Vexing or humiliating another on account of his religious 
of another; 
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. Ths bill therefore, seeks to define and penalize the acts 
constituting the crime of stalking. 
This bill is a product of several public hearing conducted during the Tenth. 
Congress. 
“5- 
.... 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHLLIPPINES 
1 
’04 
JliL 14 P 3 2 0  
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT DEFINlNG THE CRIME OF STALKING 
AND PROVIDING THE PENALITIES THEREFOR 
Be if enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Shorf Title. -This Act shall be known as the “Anti-Stalker Act.” 
SECTION 2. Declaration ofPolicy. - 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. - 
(A) “harasses” means to engage in a knowing and willful conduct that - 
(i) is directed at a particular person; and 
(ii) seriously alarms, disturbs, or terrorizes the person; and 
(iii) serves no legitimate purpose; and 
(iv) would cause a reasonable person to suffer substantial emotional distress; and 
(v) 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. 
(D) “emotional distress” means temporary or permanent state of great physical or mental strain. 
(E) “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 af€inity within 
the fourth degree, current or former live-in partners or persons who share biological parenthood. 
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; or 
(B) making repeated communications anonymously or at extremely inconvenient hours, or in 
offensively course language, or 
(C) malting repeated visits to the victim’s home or workplace, or 
(D) following or repeatedly maintaining visual or physical proximity to the victim in or about a 
public place or places, or 
(E) engaging in any other course of alarming conduct 
SECTION 5. Penalty. - Any person who commits any of the acts mentioned in section 4 
shall be punished by arresto ~ ~ J X I P  
in its maximum period topision correcional in its miniinurn 
period or a fine ranging from One Thousand Pesos (P1,000.00) to Five Thousand Pesos 
(P5,OOO.OO). 
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, mle 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 aftei- its 
publication in at least two (2) newspapers of general circulation. 
Approved 
fn: 809