The Anti-Photo and Video Voyeurism Act of 2009

R.A. No. 9995

Republic Act No. 9995 AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Presented by: Carpio, Reina Geeline R. Ernacio, Tamara Bianca C. Maceda, Mary Joan Dorothy Joy B. Palanca, Feligene Rae A.

Presented to: Judge Oscar Pimentel 17, January 2013

UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS

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The Anti-Photo and Video Voyeurism Act of 2009 Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fourteenth Congress Third Regular Session

R.A. No. 9995

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. Republic Act No. 9995 AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009". Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees full respect for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person. Section 3. Definition of Terms. - For purposes of this Act, the term: (a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a person or persons.

UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS

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The Anti-Photo and Video Voyeurism Act of 2009

R.A. No. 9995

(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or broadcast. (c) "Female breast" means any portion of the female breast. (d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person's. (e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual. (f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place. Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS

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The Anti-Photo and Video Voyeurism Act of 2009

R.A. No. 9995

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act.

UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS

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If the offender is a public officer or employee. That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce.A. its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media. or copy thereof. . quasi-judicial. or to the solution or prevention of such. shall render it unlawful or punishable for any peace officer.If any provision or part hereof is held invalid or unconstitutional. photo or video. crime. or a professional. he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 5 . and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed. he/she shall be administratively liable. . No. however. Section 6. editor and broadcaster in the case of a broadcast media. and that the evidence to be obtained is essential to the conviction of any person for. Section 7. Section 8. If the offender is an alien.Any record. legislative or administrative hearing or investigation. who is authorized by a written order of the court. obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial. the remaining provisions not affected thereby shall remain valid and subsisting. criminal investigation or trial of the crime of photo or video voyeurism: Provided. to use the record or any copy thereof as evidence in any civil.Nothing contained in this Act. Inadmissibility of Evidence. . Exemption. Separability Clause.The Anti-Photo and Video Voyeurism Act of 2009 R. 9995 If the violator is a juridical person. and the station manager.

) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. 6571 was finally passed by the Senate and the House of Representatives on December 1. rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed. Effectivity Clause. No. 2357 and House Bill No. 9995 Section 9. executive order. respectively. Repealing Clause.) EMMA LIRIO-REYES Secretary of Senate Approved: FEB 15.A.) PROSPERO C. BARUA-YAP Secretary General House of Represenatives (Sgd. Section 10.The Anti-Photo and Video Voyeurism Act of 2009 R.) GLORIA MACAPAGAL-ARROYO President of the Philippines UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 6 . .This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two(2) newspapers of general circulation. presidential decree or issuance. 2009. Approved (Sgd. 2009 and November 18. 2010 (Sgd. administrative order. modified or amended accordingly. letter of instruction . NOGRALES Speaker of the House of Representatives (Sgd.) MARILYN B. . (Sgd.Any law.

Fred Bertulfo Pamaos. showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD. sharing.A. There’s also a proliferation of sex scandals and sex videos. cellular phones and similar means or device without the written consent of the person/s involved. or the act of selling. To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 7 .P. One of the usual complaints filed against the offenders is under Republic Act No. internet. reproducing. also known as the “Anti-Photo and Video Voyeurism Act of 2009“. notwithstanding that consent to record or take photo or video coverage of same was given by such persons. That’s a very long definition. a full partner of said law firm and a distinguished graduate of the U. Please enumerate the specific acts prohibited and punished under the “Anti-Photo and Video Voyeurism Act of 2009″. under circumstances in which such person/s has/have a reasonable expectation of privacy. 9995 This primer is taken from the website of the law firm of Jaromay. mostly of women. Here’s a primer on this anti -voyeurism law. 9995. being posted without the consent of the subjects in social networking sites such as facebook. No. copying.com) and is written and published therein by Atty. It is quoted in its entirety and is intended purely for the information and enlightenment of all members of this forum. 1. College of Law. Laurente and Pamaos (jlp-law.The Anti-Photo and Video Voyeurism Act of 2009 R. broadcasting. What is the definition of “photo or video voyeurism”? It is the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter’s consent. There’s an alarming rise in reported complaints of nude photos.

A. It is immaterial if consent to record or take photo or video coverage of the same was given by such person/s. or to cause to be copied or reproduced. or 2. whether in print or broadcast media. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. whether it be the original copy or reproduction thereof. No. 3. what does this mean? It means circumstances in which a reasonable person would believe that: 1. A private area of the person would not be visible to the public. To copy or reproduce.The Anti-Photo and Video Voyeurism Act of 2009 R. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 8 . 2. It is immaterial if consent to record or take photo or video coverage of the same was given by such person/s. regardless of whether that person is in a public or private place. He/she could disrobe in privacy. without being concerned that an image or a private area of the person was being captured. such photo or video or recording of sexual act or any similar activity with or without consideration. pubic area. internet. or cause to be sold or distributed. 4. It is immaterial if consent to record or take photo or video coverage of the same was given by such person/s. or cause to be published or broadcast. To publish or broadcast. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. To sell or distribute. 9995 naked or undergarment clad genitals. cellular phones and other similar means or device. such photo or video or recording of sexual act. The first act speaks of “circumstances in which a person has a reasonable expectation of privacy”.

UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 9 . pubic area. or broadcast. a visual image with the intent that it be viewed by a person or persons. then the offending party would still be liable. 9995 What do you mean by “private area of a person”? It means the naked or undergarment clad genitals. brief or panty) covering the private parts. Based on the definition above. If there’s an undergarment (e. buttocks or female breast of an individual. No. is this still covered by the law? Yes. photograph.The Anti-Photo and Video Voyeurism Act of 2009 R. buttocks or female breast of an individual may be naked or clad with undergarment. What do you mean by “broadcast”? “Broadcast” means to make public. What if the other person was aware of and consented to the taking of the photograph? Even if there was consent to the taking of the photo. the genitals.A. record by any means. film. What is the meaning of “capture”? With respect to an image. if there is no consent to the sharing or exhibition. by any means.. it means to videotape. pubic area.g.

and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed.A. The written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce. NO. Are these materials admissible in evidence? As a general rule. photo or video. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 10 . No. Imprisonment of not less than three (3) years but not more than seven (7) years. The record. obtained or secured by any person in violation of this law shall not be admissible in evidence in any judicial. A fine of not less than P100.000 but not more than P500. The law only covers female breasts. legislative or administrative hearing or investigation. What is the penalty for committing any of the prohibited acts? The court has the discretion to impose: 1. If the photo shows only the side of a female breast. any peace officer may secure an order of the court to use the record or any copy thereof as evidence in any civil. is this still covered by the law? Yes.000. quasi-judicial. is this covered by the law? No. criminal investigation or trial of the crime of photo or video voyeurism. 9995 What if the photo shows the breasts of a man. However. or copy thereof. without the nipple. The term “female breast” includes “any portion of the female breast”. or 2. or 3.The Anti-Photo and Video Voyeurism Act of 2009 R. Both.

make sure to read the provision of this law because this will be your main weapon against these scums of the society. pubic area. 9995 and that the evidence to be obtained is essential to the conviction of any person for. buttocks. If you find yourself being a victim of perverts who took a photo or video of your private part or your intercourse. Hayden Kho. SOURCE: COMMISSION ON HUMAN RIGHTS 2010 REPORT The Anti-Photo and Video Voyeurism Act of 2009 was passed as a solution to prevent the proliferation of scandals the most notable of which is the one which involved Dr. or female breasts when without the consent of person/s involved and under circumstances in which the person/s has/have reasonable expectation of privacy UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 11 . Dr. The law itself provides that its main objective is to penalize acts that will destroy the honor.A. The provisions of the AntiPhoto and Video Voyeurism Act of 2009 are simplified below so that it may be easily understood. crime.The Anti-Photo and Video Voyeurism Act of 2009 R. No. integrity and dignity of a person. To:    take photo or video coverage of a person or group of persons performing sexual act or any similar activity or an image of the private area of a person/s such as the naked or the undergarment clad genitals. or to the solution or prevention of such. Maricar Reyes as well as actress Katrina Halili. thus: What acts are prohibited under the Anti-Photo and Video Voyeurism Act of 2009? 1.

or cause to be copied or reproduced.broadcast media    show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through: .VCD/DVD . such photo or video or recording of sexual act.Other similar means and devices the original copy or reproduction thereof the original copy or reproduction thereof UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 12 . No. whether it be:   4. 9995 2. To:    publish or broadcast. To:    sell or distribute. such photo or video or recording of sexual act. or . or cause to be published or broadcast whether in: .Cellular phones . whether it be:   3.print.A. or cause to be copied or reproduced.Internet . To:   copy or reproduce.The Anti-Photo and Video Voyeurism Act of 2009 R.

including: he/shall shall be administratively liable he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines If the offender is a juridical person: If the offender is a public officer or employee or a professional: If the offender is an alien: UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 13 .000.00 but not more than Php500.The Anti-Photo and Video Voyeurism Act of 2009 R. or both imprisonment and fine it’s license or franchise shall be automatically deemed revoked. and the persons liable shall be the officers.A. and a fine of not less than Php100.00. No. What are the penalties for violation of the Anti-Photo and Video Voyeurism Act of 2009? At the discretion of the Court.000. it may impose upon any person found violating the said law the following penalties: If the offender is a natural person        Imprisonment of not less than three (3) years but not more than seven (7) years. 9995 Will a person be held liable in case the victim gave his/her consent to record or take photo or video coverage? The prohibitions shall apply notwithstanding that consent to record or take photo or video coverage was given.

The evidence to be obtained is essential to the conviction of any person for. 1. criminal investigation or trial of the crime of photo or video voyeurism. 9995 What are the exemptions to this law? A peace officer who is authorized by written order of the court. or to the solution or prevention of such crime. Provided the following conditions are met. and 2. No. and 3.A.The Anti-Photo and Video Voyeurism Act of 2009 R. to use the record or any copy thereof as evidence in any civil. The written order shall only be granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 14 . Upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed.

The Anti-Photo and Video Voyeurism Act of 2009 R.15 oral arguments on the law that became controversial because of its provisions that included the criminalization of online libel. the DOJ said that cybercrime has become “one of the fastest growing crimes globally. The primer on Philippine cybercrime has been prepared by the DOJ as part of its advocacy program to prevent abuses in cyberspace as the legality of the new law against cybercrime is being deliberated in the Supreme Court. and services in social networking site like Facebook and Twitter. In the three-page primer presented in a question and answer format. said on Tuesday.A. 9995 SOURCE : DEPARTMENT OF JUSTICE INVESTIGATION OFFICE 87% of Filipino Internet users have been victims of cybercrimes–DOJ MANILA. the implementation of the new Cyber-crime Prevention Act of 2012 was suspended by the high tribunal for four months until Feb. online or phishing scams. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 15 .6 following 15 petitions seeking for the law to be declared unconstitutional wholly or partially. Philippines — Almost 9 out of 10 Filipino Internet users have been victimized by cybercrime or a malicious activity on the Internet at one time or another. The high court is set to hear on Jan. In October 2012.” In the Philippines. sexual predation. These included being victimized in activities such as malware (virus and Trojan) invasion. the primer quoted a 2010 report of the security software firm Symantec that as many as 87 percent of Filipino internet users (nearly nine out of 10) were identified as victims of crimes and malicious activities committed online. the Department of Justice (DOJ) primer on facts and trends about cybercrimes committed in the country. No.

UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 16 .778 referred cases of computer crimes from government agencies and private individuals nationwide. “The case filed against De Guzman was dismissed at the first stage because there was no law punishing the deed as of that time in May 2000 in the Philippines. The primer also said that two cybercriminals had been convicted for hacking under Republic Act no.” it said. 9995 From 2003 to 2012. cellular phone. 8792 or the Electronic Commerce Act or the E-Commerce Act. Sitel USA. the Anti-Transnational Crime Division (ATCD) of the Criminal Investigation and Detection Group (CIDG) of the Philippine National Police (PNP) looked into 2. computer-related offenses. The primer also noted that the first cybercrime case in the country was the controversial case involving Onel de Guzman who in 2000 released the “I Love You” virus. television. the primer said there were four types of cybercrime — offenses against the confidentiality.ph and other government websites while the other involved a person who used the Business Process Outsourcing (BPO) call center provider Sitel Philippines Corporation to illegally secure credit card information from the company’s sister firm.” Quoting the 2001 Budapest Convention on Cybercrime. content-related offenses and offenses related to infringements of copyright and related rights. No. computer and network. integrity and availability of computer data systems. and other communication devic e or application. The primer defined cybercrime as a crime committed “with or through the use of information and communication technologies such as radio. The first conviction involved a person caught hacking the government portal gov.A.The Anti-Photo and Video Voyeurism Act of 2009 R.

the place where the criminal offense was committed determines the venue. RA 9208 or the Anti-Trafficking in Persons Act of 2003. RA 9725 or the Anti-Child Pornography Act of 2009. SOURCE : LAWYERS’ FORUM BLOG QUESTION: What is the territorial jurisdiction of this law? Where do you file this case if the suspect used email to reproduce and spread the nude pictures of the victim? ANSWER: Atty.A. you have to file the complaint in QC. 360 of the RPC which is very clear in stating the rule regarding the territorial jurisdiction. Thus if the offender used his computer in Quezon City to spread the pictures. 9995 Since the new law against cybercrime has been suspended.The Anti-Photo and Video Voyeurism Act of 2009 R. RA 8484 or the Access Device Regulation Act of 1998 and RA 4200 or the Anti-Wire Tapping Law. you have to file it in Makati because that is where the offense was committed. Allan. but if he used a computer in an internet cafe in Makati City. we will apply the basic rule that in criminal actions. the law is silent regarding the territorial jurisdiction unlike in Art. RA 9995 or the Anti-Photo and Voyeurism Act of 2009. In this case. the government is dealing with cybercrime-related cases using existing laws such as the E-Commerce Act. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 17 . No.

A.A. Sa naidokumentong pag-uusap sa cell phone ng suspek sa biktima. 9995 SOURCE : PHILIPPINE STAR. nagbanta itong ilalabas ang mga natitira pang video at larawan ng kanilang pagtatalik. lahat ng kaibigan ng biktima. nagpailalim ang biktima sa suspek.12:00am SA kauna-unahang pagkakataon. At ng magdesisyong bumitaw ang biktima sa Dean. naisagawa ang operasyon sa isang kilalang motel sa Maynila. No.The Anti-Photo and Video Voyeurism Act of 2009 R. Nagsimula ang lahat sa alok ng Dean na tinawag na “Kuwatro o Kuwarto”. Bukod dito. gusto nitong makipagsiping sa biktima ng paulit-ulit. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 18 . BAHALA SI TULFO Ni Ben Tulfo Updated February 2. Kung hindi raw susunod ang biktima sa kaniyang kagustuhan. pinadalhan ng kopya ng nasabing mga litrato. Pag -enroll pa lamang daw ng biktima. 9995 (Anti-photo and video Voyeurism Act of 2009). 2011 . dito nagsimula ang kanyang kalbaryo. Kasama ang National Capital Region Police Office-Regional Special Task Group (NCRPO-RSTG) at BITAG. sumunod lamang daw siya sa lahat ng gusto ng Dean. inalok na siya ng suspek na kung gusto nitong pumasa sa lahat ng kanyang subject. Ibinalandra ng Dean ang mga larawang hubad at malalaswang litrato ng biktima sa facebook na kuha ng kaniyang pakikipagtalik sa Dean. masusubukan ang pangil ng bagong batas na R. Isang Dean ng isang pribadong paaralan sa kolehiyo sa Maynila ang unang masasampulan ng batas na ito matapos magtagumpay ang entrapment operation sa suspek kahapon ng hapon. Sa takot na hindi makapagtapos ng pag-aaral.

patung-patong na kaso ang isinampa ng biktima laban sa suspek. Dito.A. Ang mga ito ay sexual harrassment. hubo’t-hubad pa itong naaktuhan ng BITAG at mga pulis ng NCRPO-RSTG sa loob ng motel na pinagdalhan nito sa biktima. 9995 dahil sa pagdodokumento at pagpapakalat nito ng malalaswang larawan ng biktima ng labag sa kaniyang kalooban. dahil sa kahayukan. pasok ang kasong ito ng biktima sa paglabag sa R.A. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 19 . Walang kahirap-hirap. No. 9995 Ayon sa orihinal na author ng nabanggit na batas ang dating Cyberboso Bill. violation of R.The Anti-Photo and Video Voyeurism Act of 2009 R. Dito na ikinasa ng BITAG ang aming patibong. 9262 (Violence Against Women) at R.A. Abangan ngayong Sabado sa BITAG ang buong detalye.A 9995 (AntiVoyeurism Act). Mismong biktima ang magiging pain upang ma-Bitag ang suspek.

2010 To all Hayden Kho wannabes and fans. otherwise known as the “Anti-Photo and Video Voyeurism Act of 2009” was signed into law on 15 February 2010. or cause to be sold or distributed. internet. Republic Act No. notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. No. or cause to be published or broadcast. 9995 – Anti-Photo and Video Voyeurism Act Posted by lexforiphilippines on March 2. or (d) To publish or broadcast. Under the new law. public area. such photo or video or recording of sexual act or any similar activity. 9995.A. (c) To sell or distribute.The Anti-Photo and Video Voyeurism Act of 2009 R. (b) To copy or reproduce. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. whether in print or broadcast media. such photo or video or recording of sexual act. 9995 Republic Act No. cellular phones and other UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 20 . with or without consideration. whether it be the original copy or reproduction thereof. a person is prohibited: (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. or to cause to be copied or reproduced.

00 but not more than P500. 9995 similar means or device. he/she will be administratively liable. including the editor and reporter in the case of print media. No. and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed. he/she will be subject to deportation proceedings after serving his/her sentence and payment of fines. at the court’s discretion.00. A peace officer may use such photo or video or any copy of such photo or video as evidence in any civil. obtained in violation of the law. will not be admissible in evidence in any judicial.000. Those found guilty of committing any of said prohibited acts will be penalized with imprisonment of not less than 3 years but not more than seven 7 years and a fine of not less than P100. Any photo or video. its license or franchise will be automatically deemed revoked and the persons liable will be the officers. or both. notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. or to the solution or prevention of such crime. legislative or administrative hearing or investigation.A. but only when so authorized by a written order of the court. editor and broadcaster in the case of a broadcast media.000. If the offender is a public officer or employee. If the offender is an alien. and that the evidence to be obtained is essential to the conviction of any person for. criminal investigation or trial of the crime of photo or video voyeurism. quasi-judicial.The Anti-Photo and Video Voyeurism Act of 2009 R. Such written order will be issued only upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce. If the violator is a juridical person. or a professional. and the station manager. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 21 . or any copy of such photo or video.

while the latter was inside the comfort room. However. The court granted it given due course to process it before the Parole and Probation Administration (PPA). through Public Attorney's Office lawyer Rudy Alonzo. No. where the case was raffled off. Under the law. ADMITS VOYEURISM RAP A MAN accused of taking a video footage inside a women's restroom of a hotel in June 2011 withdrew his not guilty plea and admitted the charges filed against him.A. dropped his earlier plea and entered a guilty plea "provided that the penalty shall be within the range where the accused may apply for probation. Romero filed his application for probation on May 9. Records from the Regional Trial Court (RTC) Branch 17. otherwise known as Anti-Photo and Video Voyeurism Act of 2009. showed that the complainant was sent by the company to be a speaker in a conference held at a city hotel on June 20-21. after Prosecutor Gaye Magdagasang found probable cause to hold him for court trial. Mark Maglacion Romero. 9995 SOURCE : LOCAL NEWS IN DAVAO CITY Wednesday. 2012 MAN WITHDRAWS NOT GUILTY PLEA. anyone who violates RA 9995 shall be sentenced three to five years of imprisonment. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 22 .The Anti-Photo and Video Voyeurism Act of 2009 R." Romero was charged with violation of Republic Act (RA) 9995. He took a video footage of an employee of Nestlé Philippines Inc. June 20.

The Anti-Photo and Video Voyeurism Act of 2009 R. She was inside the first cubicle when she noticed that the rattan garbage bin was moving. of June 21.m. No. prompting the respondent to come out from the second cubicle of the ladies' comfort room. thus the filing of the case.A. 9995 In an affidavit. She became suspicious. so she checked on the bin and saw a cellular phone with its camera focused on her. The respondent asked for forgiveness and admitted his wrongful act. (ANC Report) UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 23 . the complainant said the incident happened inside the hotel's ladies restroom around 11:20 a. The complainant sought for help.

A. September 16. or the Anti-Violence against Women and Their Children Act of 2004. Lagunda last Sept. Cheaper photo and video technology and the relaxation of sexual taboos have given rise to the practice among couples of taking and sharing images of explicit or sensitive nature.The Anti-Photo and Video Voyeurism Act of 2009 R. Breaking up has become messy these days. Digital indiscretions Instead of “taking the higher road” and returning a memory card containing files of intimate images. regarded as the “etiquette expert” since the early 1900s. 9995 SOURCE : EDITORIAL LOCAL PUBLICATION IN CEBU SUNSTAR Sunday. the woman should “take the higher road” and return her engagement ring to the man unless the ring is an heirloom from her family. in a broken engagement.Star Cebu’s Kevin A. According to Post. 2012 TECHNOLOGY has created social revolutions that require the rewriting of etiquette. 10. or the Anti -Photo and Video Voyeurism Act of 2009. Indiscretions preserved in digital file become converted from amatory keepsakes to arsenals of malice when relationships fall apart. No. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 24 . after she resisted his attempt to blackmail her. as set down by Emily Post or even the more sexually liberated Helen Gurley Brown. As reported by Sun. his former girlfriend. John e-mailed these photos to associates of Cindy. and RA 9262. a man who circulated nude photos of his lover was charged by the Cebu City Prosecutor’s Office for violation of Republic Act (RA) 9995.

broadcasting. showing or exhibiting the recordings through VCD/CD. selling or distributing the images. and publishing in print. RA 9995 prohibits four specific acts: taking photo or video coverage of person or persons in the sexual act or their private areas. Many of the recent sex scandals involve photo and video voyeurism of unwary victims.The Anti-Photo and Video Voyeurism Act of 2009 R.A. However. which included images showing the laptop owner cavorting with another prominent member of society. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 25 . the damage on reputation argues for greater discretion in conducting oneself before any recording device. Online Jungle While the law repairs injured rights. 9995 RA 9995 addresses the rights of persons who are compromised when photos or video images are taken or broadcasted that show their naked or “undergarment -clad private areas” or their performance or participation in the sexual act or similar activities. Internet. especially the human eyes that are prone to malice. usually women. cellular phones and other devices. with the images ending up posted and reposted on the Internet or sold to the pirated disc market. the technician succeeded and recovered all the files. The images were reproduced and sold well in the underground market. When the owner had this repaired. The anecdote behind one sex scandal began with a busted laptop. RA 9995 still applies even when the subjects of the photos or videos gave their consent to take the photos or record the coverage. copying or reproducing such images with or without considerations. No.

there are all kinds of predators lurking in the Internet.com. The thread of comments to the Sun Star Cebu article posted on www.ph reveals that John may be getting his comeuppance for breaking the classic etiquette of “don’t kiss and tell. 9995 Lovers should keep in mind that not only can passion wane and curdle.” but Cindy’s privacy and dignity remain open game in the jungles of the Net. No.The Anti-Photo and Video Voyeurism Act of 2009 R. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 26 .sunstar. where anyone and anything can be turned into a commodity or even shared for free.A.

under circumstances where such person/s has/have a reasonable expectation of privacy. b. reproducing. under circumstances where such person/s has/have a reasonable expectation of privacy. or c. capturing an image of the private area of a person/s without the latter's consent.A. the act of taking a photo or video of a person/s performing a sexual act or any similar activity without the latter's consent. even though consent to record or take the photo or video of the same was initially given. Photo or Video Voyeurism means: a. and also to record a video of people having sex without their consent. 9995 SOURCE : PHILIPPINE LAWS FOR EVERYONE.The Anti-Photo and Video Voyeurism Act of 2009 R. sharing. the internet. showing or exhibiting the photo or video of such sexual act or similar activity through DVD. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 27 . cellphones and similar means or devices without the written consent of the person/s involved. the act of selling. copying. Important Things to remember: 1. broadcasting. LAWYERS’ FORUM ANTI-PHOTO AND VIDEO VOYEURISM ACT What is it about? The law makes it a crime to take photos of a naked person without his or her consent. No.

even though consent to record was given initially. internet. No. d. A person is guilty of Photo or Video Voyeurism when there is: a. 9995 2. whether it be the original or a copy. c. he'll be looking at jail time of up to 7 years and a fine costing as much as P500.The Anti-Photo and Video Voyeurism Act of 2009 R. cellphones and other similar means or device. even though consent to record was given initially. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 28 . 3. e. even though consent to record was given initially.000. selling or distributing such photo or video of a sexual act. even though consent to record was given initially.00. taking a photo or video of a person/s performing a sexual act or any similar activity or capturing an image of the private area of a person/s such as the naked or undergarment clad genitals. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. If a person is found guilty of Photo or Video Voyeurism. public area (?).A. whether in print or broadcast media of such sexual act. copying or reproducing such photo or video of a sexual act or any similar activity for a fee or for free. publishing or broadcasting. b. showing or exhibiting the photo or video of such sexual act through DVD.

illegal interception. and child pornography. integrity and availability of computer data system. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 29 . Also punishable under the new law are content-related offenses like cybersex. fraud. Department of Interior and Local Government (DILG) and the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) are tasked to work on the Cybercrime Prevention Act of 2012′ IRR. the acquisition of a person’s domain na me for profit or destroy reputations. a Palace official said on Wednesday. illegal access. system interference. 9995 SOURCE: MALACANANG. Aquino III signed on September 12 Republic Act 10175 or the Cybercrime Prevention Act of 2012.A. No. President Benigno S.The Anti-Photo and Video Voyeurism Act of 2009 R. Presidential Spokesperson Edwin Lacierda said in a regular press briefing in Malacanang on Wednesday that the Department of Justice (DOJ). Punishable acts under the new law include offenses against the confidentiality. OFFICE OF THE PRESIDENT Malacanang says inter-agency body will start working on implementing rules and regulations of Cybercrime Prevention Act of 2012 September 19. and identity theft that are rampant in the Internet. 2012 An inter-agency body will start working on the implementing rules and regulations (IRR) of the newly enacted Cybercrime Prevention Act of 2012 that intends to curb cybercrime in the Philippines. and misuse of devices. Also included are computer-related offenses such as forgery. The law also punishes unsolicited commercial communications or cyber squatting. data interference.

and RA 9208 (Anti-Trafficking in Persons Act of 2003). 9995 Existing Philippine laws punishing Internet crimes are Republic Act (RA) 9995 (Anti-Photo and Voyeurism Act of 2009).The Anti-Photo and Video Voyeurism Act of 2009 R. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 30 .A. RA 9775 (Anti-Child Pornography Act of 2009). No.

Manto/JPM (The Freeman) | Updated December 21. For lack of probable cause.12:00am CEBU. The panel of prosecutors led by Prosecutor Rogelio del Prado Jr. Meanwhile. the undersigned panel finds that complainants failed to point out in their affidavit-compliant the particular respondents who uttered the alleged defamatory remarks or statements complained of. dismissed the complaint for grave oral defamation in relation to Republic Act 7610 or child abuse and violation of RA 9995 or Anti-Photo and Video Voyeurism Act.The Anti-Photo and Video Voyeurism Act of 2009 R. No. and the parents also lost their complaint against the school. “After going over the evidence on record.A. Philippines .” the joint resolution reads. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 31 .The St. parents By Mylen P. The panel added that the charge for a violation of RA 9995 failed after there was no evidence presented by the complainant that the photographs subject of the case was among those photographs which RA 9995 prohibits from copying or reproducing. the Office of the Cebu City Prosecutor dismissed the criminal complaints filed by the parents of the minors who were barred from attending their graduation rites last March against the STC High School Department. the panel of prosecutors dismissed the child abuse filed by the STC against the parents of the minors also for lack of probable cause. 2012 . Theresa’s College lost in their complaint against the parents. 9995 SOURCE: PHILIPPINE STAR Prosecutor dismisses Raps vs STC.

The school officials said the acts of the minors -drinking hard liquor in public places. She added that the court issued a temporary restraining order (TRO) directing the school to let them attend the commencement exercises but the school defied the order. parents of the students allegedly caused and encouraged their minor children to lead an immoral and dissolute life by committing neglect and encouragement of acts detrimental to the development of their children under Section 10(a) of RA 7610.The Anti-Photo and Video Voyeurism Act of 2009 R. No. displaying private parts of their bodies and roaming around showing undergarments shows lack of parental control and supervision that leads their childre n to lead “immoral and dissolute lives.A. the panel of prosecutors said the allegation of the school was not clear. 9995 Under RA 9995 person is prohibited to take photos or video coverage of a person or group of persons performing sexual act or to capture an image of the private area of a person who is naked or in undergarment without consent. “The respondents. The minor said she and other four students were qualified to graduate but were unjustly prohibited from attending their graduation rites due to a sanction for failure to obey school regulations. The same panel of prosecutors dismissed the child abuse filed by the STC against the parents of the minors for lack of probable cause.” the complaint reads. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 32 . The STC filed a complaint after the parents failed to supervise their children that constitute child abuse.” In their joint-resolution.

9995 “There is no clear showing that the children involved herein were coerced induced. enticed and forced to commit those actuations by their parents. The minors were not allowed to attend their graduation rites due to a school violation for posting “obscene” photos in their Facebook accounts.The Anti-Photo and Video Voyeurism Act of 2009 R.” the resolution reads. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 33 . No.A. There is no proof or evidence to convince the panel that the respondents parents directly involved themselves in allowing their children to commit such juvenile and unguided acts nor is there showing that they indeed encourage the same.

has already confirmed that his client was indeed the woman in the video. Bong Revilla Jr. He also accused Ramgen’s family of uploading the video and blackmailing Janelle. Guevarra’s partner. copies and sends the video is guilty of committing the offense. Section 4 of RA 9995 prohibits taking photos or recording videos of a person engaged in sexual acts or the like. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 34 . one of Manahan’s counsel. Luke Espiritu. In a press release. who co-authored the said law. Sen.The Anti-Photo and Video Voyeurism Act of 2009 R. He said their camp is planning to file a case of violation of the Anti-Voyeurism Act of 2009 against Ramgen’s siblings and will ask the court to subpoena pertinent records relating to telecom and internet networks to determine the source of the sex video. denounced the leakage of the video and has called upon the National Bureau of Investigation (NBI) to conduct an investigation and arrest the culprits in violation of the Anti-Voyeurism Law of 2009 (RA 9995). Lawyer Argee Guevarra. asserted that the Bautista siblings have the motive because they want to harass Janelle and discourage her from testifying. 9995 SOURCE: FILIPINO JOURNAL Sen. made it clear that every person who downloads. Atty. regardless if they were the original uploaders. No.A. Bong Revilla wants NBI probe on Janelle-Ramgen video controversy A video that shows the late Ramgen Revilla and girlfriend Janelle Manahan sharing intimate moments while inside a bathroom made the rounds on Twitter and Facebook social networking sites just before New Year. Revilla.

or cause to be published or broadcast. such photo or video or recording of sexual act or any similar activity with or without consideration. Republic Act No. or cause to be sold or distributed. Genelyn Magsaysay has rebuffed the allegation that someone from her family uploaded the malicious video. PRESCRIBING PENALTIES THEREFOR. whether in print or broadcast media. or to cause to be copied or reproduced. Magsaysay claimed that they no longer have access to Ramgen’s electronic gadgets since his death in October. or (d) To publish or broadcast. AND FOR OTHER PURPOSES” (July 2009). The Prohibited Acts are as follows: “(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. 9995 is “AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM. No. (c) To sell or distribute. such photo or video or recording of sexual act. With the prevalence of cellphone and other small cameras. No longer can voyeurs and peeping toms with a penchant for recording what they see claim that no law prohibits their activities. public (sic) area. whether it be the original copy or reproduction thereof.The Anti-Photo and Video Voyeurism Act of 2009 R. or show or exhibit the photo or video coverage or recordings of such UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 35 . (b) To copy or reproduce. Congress has seen fit to punish those who violate the privacy of others through these means. 9995 Meanwhile.A.

distributing. cellular phones and other similar means or device. selling.A. And this is still punishable even if the ostensible victim has Page 36 . (Section 4)” [Emphasis supplied] The act of taking video or photo coverage of sexual acts and of private parts without consent has been made a crime. internet. publishing or broadcasting the same. and indecent shows. cellular phones and similar means or device without the written consent of the person/s involved.” UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS So is copying. consented to the coverage: (d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent. Definition of Terms) [Emphasis supplied] Consent to the coverage and written consent to its further distribution or showing is required in order to stay clear of this law.The Anti-Photo and Video Voyeurism Act of 2009 R. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. notwithstanding that consent to record or take photo or video coverage of same was given by such person/s. reproducing. obscene publications and exhibitions. or the act of selling. broadcasting. The prohibition under paragraphs (b). No. (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD. specifically ARTICLE 201 which covers “Immoral doctrines.”(Section 3. copying. 9995 sexual act or any similar activity through VCD/DVD. This would be covered by the Revised Penal Code. under circumstances in which such person/s has/have a reasonable expectation of privacy. sharing. But it is another matter whether consent can be a defense to charges of pornography or indecency. internet.

The paparazzi will have to behave accordingly . crime (Section 6). 9995 There is a reasonable expectation of privacy where a person believes “that he/she could disrobe in privacy. No. or a professional. it doesn’t matter whether you go naked in a motel. to use the record or any copy thereof as evidence in any civil. Hence.” UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 37 . without being concerned that an image or a private area of the person was being captured. in your backyard or even a secluded spot in a public area.000.The Anti-Photo and Video Voyeurism Act of 2009 R. and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed.A. he/she shall be administratively liable. editor and broadcaster in the case of a broadcast media. (Section 5)” The only exception is given to peace officers “authorized by a written order of the court.00). or to the solution or prevention of such. you may be “covered” (pun intended) by the law. If the offender is an alien. That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce.” If the “violator is a juridical person. or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public. regardless of whether that person is in a public or private place” (Section 3 (f)).00) but not more than Five hundred thousand pesos (P500. and that the evidence to be obtained is essential to the conviction of any person for. criminal investigation or trial of the crime of photo or video voyeurism: Provided.000. or both. A violator faces the “penalty of imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100. its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media. at the discretion of the court xxx. and the station manager. he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines. If the offender is a public officer or employee.

The Anti-Photo and Video Voyeurism Act of 2009 R. the standard complaint against peeping toms. buttocks or female breast of an individual. if you have no wish to run afoul of this law. and the broadcast of the same.” With respect to breasts. The actual application of this law should not take long in coming. No. as the case may be. Source: http://thelegallyinclined. no one else’s. The law defines the private area of a person to mean “the naked or undergarment clad genitals.blogspot. it includes “any portion of the female breast. There has been one incident where a man was able to record through his cellphone the intimate acts of a couple in a Manila mall’s comfort room. provided you don’t record anything for posterity or notoriety. It looks like you may stop and look. this Act says that whatever you get to see is for your eyes only. public (sic) area. photo or video in violation of the foregoing shall be inadmissible in evidence in any proceeding (Section 7).” Would a televised shot of a starlet’s cleavage and nothing more be punishable under the law? It would seem so and this renders the statute vulnerable to Constitutional attack for being vague or too broad. And a gym instructor was recently apprehended for “filming upskirt videos in a Quezon City supermarket” using his mobile phone. He thereafter sought ransom in exchange for not posting the video on the net. All the elements would still be present. 9995 Any record.” It would be interesting to see whether wardrobe malfunctions would be covered by this law.A. Yet there is still no escape as you may still be charged with the offense of “unjust vexation” under the Revised Penal Code. since there would be video coverage of private parts without consent. In fine.html UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 38 . The law speaks of “any portion of the female breast. albeit accidental.com/2011/05/for-your-eyes-only-anti-photo-and-video.

Freidrick Lu. Rible created a Facebook account using the name of Annika’s commonlaw husband and posted her photos there for public viewing. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 39 . He said Rible “became vindictive” when Annika broke off from the relationship. who posted in the social networking site Facebook photos of her in the nude and other compromising poses. known only as “Annika. “This is a test case and we hope we can be successful in prosecuting the erring person using the law. but the victim was did not face the media. Lu said the relationship between Annika and Rible existed for not less than six months while the former was still enrolled in the school. a dean in a Metro Manila school. 9995 Student’s Facebook scandal a test case for voyeurism law By Lira Dalangin-Fernandez INQUIRER. No. Philippines —The Facebook controversy between a 26-year-old student and a school dean is being eyed as a test case to see how the newly enacted “cyberboso” law or the Anti-Photo and Video Voyeurism Act of 2009 can enforce its teeth on voyeurs.net First Posted 15:56:00 03/03/2011 MANILA. but screen grabs were taken that still preserved the photographs.” Tieng said at the Serye news forum in Quezon City.A. the main author of Republic Act 9995. Buhay partylist Representative Irwin Tieng. Tieng came to the venue of the news forum with the victim and her lawyer. The account has been taken down. said his group is now helping the student.” in her legal case against Alexander Rible. To retaliate.The Anti-Photo and Video Voyeurism Act of 2009 R.

Lu said they have also filed rape charges against Rible and violation of Anti-Sexual Harassment Act (RA 7877) and Anti-Violation of Women and Children Act (RA 9262).A. 9995 “You can really see the character of the person who created the account. Rible is now facing charges for violating Section 4-a of RA 9995. A penalty of not less than three years of imprisonment and fine of not less than P100. A number of scandals have been publicized in the past.000 will be meted to those found guilty of violating the law. Hayden Kho. including the sex video between sexy actress Kathrina Halili and Dr. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 40 . reproducing. No.The Anti-Photo and Video Voyeurism Act of 2009 R. which prohibits taking photos or video of a person or group of persons performing sexual act or any similar act and copying.000 bail bond. RA 9995 was enacted into law last year to put a stop to voyeurism using the internet. publishing and distributing them. He even invited the victim’s friends in the account so they can access to her photos.” Lu said. Rible was freed after posting a P7.

(This particular video was taken by Ramgen using a handheld-camera.a and b).” These prohibitions apply even if there is consent from the persons in the video.d prohibits anyone from showing or exhibiting “the photo or video coverage or recordings of (sexual acts) or any similar activity through VCD/DVD. 000. Who are those who reposted/re-uploaded the video in other websites? UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 41 .e. Violating RA 9995 carries a maximum penalty of 7-year imprisonment and a fine of P500. Where did this video come from (i. 9995 General Comments on Ramgen Revilla and Janelle Manahan Scandal Section 4. but it is almost impossible to implement thoroughly.A. Curiously. Ram’s laptop)? Who copied it from that source? 2. and other similar means or device.) Technically. No. cellular phones. here are some questions I have in mind: 1. Who uploaded it to the Internet? 3. the bill does not prohibit individuals from taking videos of themselves while having sex as long as it remains private (see Section 3. the mere uploading of this one-minute sex clip in websites is punishable by law. The law sounds strict.The Anti-Photo and Video Voyeurism Act of 2009 R. Street vendors who will sell this video can also be held liable. Any media outlet that airs this clip or publishes screen shots from the video can have their license to operate or franchise revoked.d and 4. Internet. Using the Ram Revilla-Janelle Manahan sex video.

No. how can they track the online users (all of them!) who reposted the video in other websites? If a concrete case can emerge from the proliferation of the Ram Revilla-Janelle Manahan sex video.The Anti-Photo and Video Voyeurism Act of 2009 R. 9995 Pinpointing the persons behind the aforementioned acts is a near-impossible task for our authorities.A. how are they going to find out the person who did the initial uploading of the video online? Third. Second. First. then it can be the first real test of the strength and worthiness of the Philippine AntiPhoto and Video Voyeurism Act. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 42 . the Revilla clan seems not to be cooperative – even though they should feel violated because a murdered kin is involved in the video.

No.A 9995 meeting its purpose of protecting and bringing justice to the victims of cybercrime? UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 43 . there is no jurisprudence available. In order for this law to be as effective as the lawmakers intended it to be.A. education and leisure but has been used as a tool to commit crimes as well. Considering the high percentage of Filipinos who are victims of cybercrime. There should also be a budget for the continuous education and training of the law enforcers for as we know.A 9995 Living in a modern world where technology is indispensible and has become a part of an ordinary life. Our government agency should also gather and employ the best hackers in the country to work for them instead of these hackers to work for the criminals or be the criminals themselves. Hence the passing of RA 9995 or the Anti-Photo and Video Voyeurism Act of 2009. it is but timely that there should be a law that will regulate activities in the cyber world for the reason that the power of technology is not just used for work.A 9995 has been in effect for almost 4 years now. Being a fairly new law. Most of the cases in relation to RA 9995 were dismissed in the lower courts since the quantum of evidence needed for someone to be convicted of this crime can’t be produced. there should be a budget for the purchase of high tech and effective electronic devices which will aid the law enforcers in tracking and capturing cyber criminals. 9995 CONCERNS / COMMENTS ABOUT R. is R. R. With this. technology is fast-changing.The Anti-Photo and Video Voyeurism Act of 2009 R. no case has yet reached the Supreme Court and therefore. it is disappointing to know that no one has been punished yet to the full extent of the law since the said crime requires proof beyond reasonable doubt as quantum of evidence. we cannot help but wonder.

A 9995 may lay down all the circumstances where a person may be guilty of voyeurism and a penalty but what good are these if people who are guilty of the said crime do not get punished at all because it’s too difficult to prove it? Are the victims of cybercrimes hanging on just false hopes then. intellectual. moral. thinking that they could get justice for the abuse they experienced because we have this law but in the end do not get it since it is not difficult for criminals to circumvent the law? Section 13. it is both amazing and scary to think of what it has done to affect our lives. Cyber criminals continue to commit cybercrime even if we have the law punishing them because they know that proving they committed the crime is a difficult if not next to impossible job. The intention of R. R.A. Second. UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 44 . With the continuous and vast growth of technology. For example. 1987 Philippine Constitution provides: “ The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical. If the person in the video reports the crime to the authorities. No.A 9995 to act as a shield of the people who are being victimized by cybercrime is undoubtedly great but clearly. these criminals can upload videos or photos using public computers. spiritual. the internet has its pros and cons. and social well-being. how will you track down the people who used it? Internet shops do not keep a list of the people who use their computers and the time they used it. it will be a hell of a task to trace down all the people who reposted or shared the video or photo.The Anti-Photo and Video Voyeurism Act of 2009 R. in its mission to prevent cybercrime and penalize cyber criminals must find a way to make R. The government.p address of the video or photo may help but it is most possibly going to be useless since even if you track down the computer. 9995 Like many other things. how are the authorities going to track the person who uploaded it? Tracing the server or the i. this is not enough. The Philippines has so many laws but how many of them are really helping the people? Our lawmakers must not be contented in passing laws that may be useful but they should also see to it that these laws in fact meet their objectives.A 9995 effective in the sense that it fulfills its purpose.

No.A. the government. 9995 It shall inculcate in the youth patriotism and nationalism. 9995] UNIVERSITY OF SANTO TOMAS Faculty of Civil Law 2B – SPECIAL PENAL LAWS Page 45 . There is a huge number of out of school youth in our country today. and encourage their involvement in public and civic affairs.The Anti-Photo and Video Voyeurism Act of 2009 R. No.A 9995 an efficient law. [End of Report and Comments on R. in its duty to promote the intellectual well being of the youth can invest in their education and in return they can help in providing solutions and making R.A. And since computer and technology are some of the things that can easily attract them.

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