The Inadequacy of Existing Legal Remedies Against Stalking: A Proposed Philippine Anti-Stalking Statute

Cite as: 41 ATENEO L.J. 139 (1997).
Download Abstract Download Article
This publication contains material that is protected under International and Philippine Copyright Law and Treaties. Any unauthorized reprint or use of this material is prohibited. No part of this online publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without the express written permission of the author as coursed through the Ateneo Law Journal.
Download

Author(s)
Categories

DOWNLOAD ABSTRACT:

https://drive.google.com/open?id=18cvVEIRWKxb537v2FOni-Lz13xUEic59

DOWNLOAD ARTICLE:

https://drive.google.com/open?id=1lpXy8vfR_5t7H-3JzjDgfoAdRvUua1Y1

This Article won Third Best Thesis of Class ’96. The Author observes that there is no Philippine statute which punishes stalking as a distinct offense. Civil remedies, according to her, are rather vague and inaccessible. There are also no procedural rules by which stalking can be restrained by the courts. The Author anchors his thesis on the rights to privacy, peace of mind, security of person and reputation. He maintains that the government is under an obligation to provide victims with a remedy against stalking. The Author used United States statutes as models for defining and penalizing the crime of stalking. Among others, the proposed statute will cover specific intent element, notice requirement, subjective and objective causal elements of substantial emotional distress, and of course, a definition of stalking which will include the simple and aggravated forms. The Article maintains that such a statute will serve to fill in gaps in existing statutes and recognize that the intentional infliction of substantial emotional distress upon another is criminal and actionable. 

More Issues