Expanded Anti-violence Against Women and Their Children (E-vawc) Act

Senatc Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB -5 P2:51 SENATE RECEIVED BY: S. No. 1759 Introduced by Senator Camille A. Villar 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" EXPLANATORY NOTE Republic Act No. 9262 otherwise known as "Anti-Violence Against Women and Their Children Act of 2004", has long been paramount in protecting women and children from physical, sexual, psychological and economic abuse. However, the quick growth of information and communications technology (ICT) has led to new kinds of violence that happen online. These acts are just as harmful, invasive, and traumatic as those that happen in person. Electronic violence, including cyber harassment, non-consensual sharing of intimate images, cyberstalking, identity theft, and the malicious use of social media to humiliate or threaten, has become increasingly prevalent. These acts inflict severe emotional and psychological distress, damage reputations, and undermine the sense of security of victims, which is not specifically stated in the current law. According to an Article from the United Nations Philippines, "PNP Women and Children Protection Chief, PBGen Portia Manalad, revealed that they recorded 1,294 cases in 2023 and 1,333 cases in 2024 involving violations of the Safe Spaces Act - which penalizes online gender-based sexual harassment - and the Anti-Photo and Video Voyeurism Act. Mel Migriño, President of the Women in Security Alliance

Philippines, shared her personal experience as a victim of online impersonation and character assassination, further emphasizing how digital spaces remain hostile to women leaders". 1 The rapid increase in the number of cybercrime cases is alarming, and it can partly be attributed to the COVID pandemic, which saw the necessity to move activities to an online platform. Thus, it is important to be aware and educated in the relevant laws concerning cybercrime and online gender-based violence, including the Safe Spaces Act (RA 11313); Rule on Cybercrime Warrants (A.M. No. 17-1102 SC), Cybercrime Prevention Act of 2012 (RA 10175); Data Privacy Act of 2012 (RA 10173); Anti-Photo and Video Voyeurism Act of 2009 (RA 9995); Anti-Child Pornography Act of 2009 (RA 9775); Access Devices Regulation Act of 1998 (RA 8484); and Anti- Trafficking in Persons Act of 2003 (RA 9208), as amended by RA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012. The proposed bill makes it clear that online harassment, threats, and the sharing of private images without consent are serious crimes, with stronger penalties to match their impact. It also gives courts the power to quickly remove harmful content and helps shield survivors' identities. For victims, it ensures more time off from work to heal and seek justice, while making sure government agencies work together to provide real support-including for those living and working abroad who may feel far from help. By updating the law to address the realities of the digital age, we affirm the country's commitment to protecting the dignity, safety, and rights of all women and children-whether in physical or virtual spaces. As such, approval of this measure is urgently sought. Came disn CAMILLE A. VILLAR https://philippines.un.org/en/289317-un-women-govt-and-cso-partners-tackle-online-gbv-and-why-it-keeps-women-away- politics, UN Women, gov't and CSO partners tackle online GBV and why it keeps women away from politics, 2025

Senato Difice of the Surretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 26 FEB-5 P2:51 First Regular Session RECEIVED BY: SENATE S. No. 1759 Introduced by Senator Camille A. Villar 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 the 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 "(a) xxx "A. XXX "B. xxX "C. "Psychological violence" refers to acts or omissions THAT MAY BE COMMITTED THROUGH PHYSICAL, VERBAL, ELECTRONIC OR INFORMATION AND EMOTIONAL,

COMMUNICATIONS TECHNOLOGY (ICT) DEVICES OR OTHER MEANS causing or likely to cause mental or emotional suffering OF A WOMAN AND/OR HER CHILDREN, such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, verbal abuse and marital infidelity. It includes THE ACT of causing or COERCING A WOMAN AND/OR HER CHILDREN to witness the physical, sexual or psychological abuse of a member of the family to which the 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 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: "(1) RecordInG, REPRODUCTION, DISTRIBUTION, USE, SHARING OR UPLOADING OF ANY PHOTOGRAPH, VIDEO, OR OTHER FORMS OF ELECTRONIC OR ARTISTIC PRESENTATION SHOWING OR DEPICTING IN ANY FORMS OR MANNER THE GENITALIA OF A WOMAN OR THOSE OF HER CHILDREN'S GENITALIA, PUBIC AREA, BUTTOCKS, BREASTS, EXCRETORY BODY PART OF 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 BEHAVIOR OF THE WOMAN AND/OR HER CHILDREN, OR THE USE OF INTOXICATION 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; "(5) 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 ACCOUNT 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. - xxx "(a) xxx "(b) xxX "(c) xxx "(d) xxx "(e) xxx "(f) xxX "(g) xxx "(h) xxx "(1) xxx "(2) xxX "(3) xxX "(4) xxx Destroying the property and personal belongings or inflicting harm to animals or pets of the woman AND/OR her CHILDREN; "(5) 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 MAYBE 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 "(J) 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. - xxX "(a) xxx "(b) xxx "(c) xxx "(d) xxx "(e) xxx "(f) XXX "(G) ACTS FALLING UNDER SECTIONS 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 THE WOMAN'S 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 THREE hundred thousand pesos (P300,000.00) but not more than FIVE hundred thousand pesos (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 a court, 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. - xxx "(a) xxx "(b) xxx "(c) xxx = "(d) xxx "(e) xxx "(f) xxX "(g) xxx "(h) xxx "(i) xxx "(i) xxx; [and] "(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 prescribed 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 (AC-VAWC). - xxx "(a) xxx "(b) [National Commission on the Role of Filipino Women (NCRFW)] PHILIPPINE COMMISSION ON WOMEN (PCW); "(c) xxx "(d) xxx "(e) xxx "(f) XXX "(g) xxx "(h) xxx "(i) xxx

"(j) xxx "(k) Department of Labor and Employment; [and] "(I) National Bureau of Investigation; "(M) MOVIE AND TELEVISION CLASSIFICATION BOARD (MTRCB); "(N) DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST); "(O) NATIONAL 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 (DW); "(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 [VAW] 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 [to VAW] THE IMPLEMENTATION OF THIS ACT AND ANTI-VAWC initiatives. "xxx."

Sec. 10. Section 40 of die same Act is amended to read as follows:

"SEC. 40. Mandatory Programs and Services for [Victims] WOMEN AND THEIR CHILDREN. - IN CASES FILED UNDER THIS ACT, [The] THE DSWD, and LGUs shall provide [the victims] 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 [victims] 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:

"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 other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order. Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor 31 • Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co employee who is a

victim under this Act shall likewise be liable for discrimination.] 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. "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 TIDE 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. Implementing Rules and Regulations. - Within thirty (30) days from

the effectivity of this Act, the appropriate government agency shall formulate the necessary rules and regulations for the effective implementation of this Act.

Sec. 13. Repealing Clause. - All laws, decrees, ordinances, rules, regulations,

other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 14. Separability Clause. - If any provision of this Act or any part hereof

is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec. 15. Effectivity. - This Act shall take effect after fifteen (15) days from its

publication in the Official Gazette or in a newspaper of general circulation. Approved,