Bill eyes prison sentence, fines vs stalkers

Sorsogon Rep. Evelina Escudero. CONTRIBUTED PHOTO/www.congress.gov.ph

MANILA, Philippines–Stalkers, be warned – you may be imprisoned and fined with half a million pesos if found guilty of what this house bill calls “subtle harassment.”

Sorsogon Representative Evelina Escudero filed House Bill 5064 entitled “Anti-Stalking law.”

The bill defines stalking as repeatedly following, harassing and/or committing disallowed contact against another person or his family “after having been given reasonable warning or request to desist.”

The victim may sue a person against stalking if he or she believes that the stalker “puts him/her or his/her family under fear of death, physical injury, unlawful restraint, sexual assault, or other similar analogous circumstances.”

Escudero said rights to dignity, personality, privacy and peace of mind under the Civil Code are violated by stalking.

“(Stalking 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,” Escudero said in the bill’s explanatory note.

Those convicted may be penalized with prision correccional and a fine between P100,000 and P500,000.

The highest penalty may be imposed if the victim is a woman or a minor.

According to the bill, an act may be considered stalking if it is a “disallowed contact” that occurred at least three times.

The bill defines disallowed contact as that done in a malicious manner and with willful disregard of the person’s desire that the act be stopped.

The bill further defines such acts as including: approaching a person in a public or private place, entering into a person’s owned or leased property, contacting a person by telephone or other communication device, sending mail or other written or oral communications to a person, and causing damage to a person’s home or property.

The bill said the victim may complain of emotional distress brought about by severe mental anguish, fright, anxiety, wounded feelings, moral shock, social humiliation, and other similar forms.

The victim may ask for an injunction from the court to stop the suspect from stalking.

The accused stalker will also be required to post a bond in cash or in two sufficient sureties in the amount fixed by the court.

Meanwhile, the suspect will be subjected to a medical, psychological and psychiatric examination and treatment, the bill said.

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