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Thread: Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995)

  1. #1
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    Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995)

    good day, i was hoping that this forum could help me help myfriend.
    He is 18 years old, and was able to violate the Republic act 9995 section 3 Anti Video Act of the Philippines.
    since i do not know legalities, i want to know you what are the possible things that couldhelp the 18 years old suspect avoid imprisonment of not less than three years and not more than 7 years, and a fine of not less than 100,000 PHP and not more than 500,000 PHP.
    it is his first offence and it is only a video and he did not touch the complainant, but the complainant may deciding on filing a case on him .
    i need your informations and expertis, help......
    thank you .

  2. #2
    Administrator Atty. James S. Biron's Avatar
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    Good day too alexia18,

    Please tell me the whole story of the incident in order for me to help you. If you think this matter is too sensitive and you do not want others to read the story, you may share it to me through private message (click my name and then look for "Send Private Message").

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    good day sir, i would just like to know your opinion on these following matters

    a guy was caught in flagrante delicto of a violation of RA 9995 (taking photo or video) as a result thereof his cellphone was confiscated
    1. may the private offended party, on his own, open the files or data in the phone, considering it has password on it, without violating the right of the offender to privacy
    2. may the files or data obtained by the offended party through such act be admissible as evidence in court

  4. #4
    Administrator Atty. James S. Biron's Avatar
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    Good day Cardel,

    Here's my answer:

    1. No. Only a peace officer who is authorized by a written order of the court can do that. (Sec. 6 of R.A. 9995)
    2. No. It is inadmissible in evidence. (Sec. 7 of R.A. 9995)

  5. #5
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    Good day Atty Biron,

    I need your advise regarding a video I found with my wife having intimate sexual foreplay whit another guy which would lead to adultery. I recovered a video using an application for data recovery.
    I found the video which was recorded using the laptop I sent to my family to use (my wife & my kids). It was a three minute video and the video was recorder in our house. Only the two of them was inside our house at that time and they were in the living room on the floor while recording and doing the act and the guy was half naked. My wife doesn't know that I have the video.
    My question is can I file case of adultery to both of them and also is it a violation of RA 9995 Section 4a & 4b.
    Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
    (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;

    I cannot give more information for there is still a pending case. Would it be possible to request for your email address so I can send the full details of the case.

    Regards.

    MR. REE

  6. #6
    Administrator Atty. James S. Biron's Avatar
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    Mr. Ree,

    I suppose you have a lawyer attending your case. As courtesy to your lawyer, it is best that you consult him.

  7. #7
    Greetings Atty. Biron,

    I hope you can help me with this case:

    Girl X willingly gave some naked pictures of her to her boyfriend and the boyfriend lost the device that contains the naked pictures of her girlfriend. The person who found the device posted the pictures online. Is the boyfriend still in trouble of imprisonment? or only the person who posted the pictures online is liable?

    Thank you and I hope you can enlighten me.

  8. #8
    Administrator Atty. James S. Biron's Avatar
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    Botheredknight, this is gray area, the prosecutor may argue that you "showed" it inadvertently by losing your phone. However, I am leaning towards the idea that you are not criminally liable. You must prove that you indeed lost your phone.

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