Republic Act No. 9995 | Senate of the Philippines Legislative Reference Bureau

Entitled:

AN ACT PENALIZING PHOTO AND VIDEO VOYEURISM

[ FIRST REGULAR SESSION, 14TH CONGRESS ]

[ 2008 ]

6/2/2008 Prepared and submitted by the Committee on JUSTICE AND HUMAN RIGHTS with Senator(s) MIRIAM DEFENSOR SANTIAGO and FRANCIS "CHIZ" G. ESCUDERO as author(s) per Committee Report No. 65, recommending its approval in substitution of SBN-1100;

6/2/2008 Sponsors: Senator(s) FRANCIS "CHIZ" G. ESCUDERO, MIRIAM DEFENSOR SANTIAGO;

6/2/2008 Committee Report Calendared for Ordinary Business;

6/11/2008 Transferred from Ordinary Business to Special Order;

6/11/2008 Sponsorship speech of Senator FRANCIS "CHIZ" G. ESCUDERO;

8/26/2008 Senator Lapid requested that he be made as coauthor;

[ 2009 ]

6/3/2009 Interpellation of Senator(s) RAMON A. REVILLA JR., JOKER P. ARROYO, FRANCIS N. PANGILINAN, RICHARD "DICK" J. GORDON and PANFILO M. LACSON;

6/3/2009 Senators REVILLA, ESTRADA, LEGARDA, and GORDON were made coauthors;

6/3/2009 Period of interpellation closed;

6/3/2009 Period of committee amendments;

6/3/2009 Period of committee amendments closed;

6/3/2009 Period of individual amendments;

6/3/2009 Period of individual amendments closed;

6/9/2009 Approved on Second Reading with Amendments;

7/28/2009 Reconsideration of Approval on Second Reading;

7/28/2009 Period of committee amendments;

7/28/2009 Period of committee amendments closed;

7/28/2009 Inquiry of Senator Madrigal;

7/28/2009 Period of individual amendments closed;

7/28/2009 Approved on Second Reading with Amendments;

7/29/2009 Printed copies were distributed to the Senators;

8/10/2009 Approved on Third Reading;

8/10/2009 In favor: (16) JOKER P. ARROYO, RODOLFO G. BIAZON, "COMPANERA" PIA S. CAYETANO, ALAN PETER "COMPANERO" S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, FRANCIS "CHIZ" G. ESCUDERO, RICHARD "DICK" J. GORDON, GREGORIO B. HONASAN II, LOREN B. LEGARDA, FRANCIS N. PANGILINAN, AQUILINO Q. PIMENTEL JR., RAMON A. REVILLA JR., MAR ROXAS and JUAN MIGUEL F. ZUBIRI;

8/10/2009 Against: N o n e;

8/10/2009 Abstention: N o n e;

8/10/2009 Senate requested the House of Representatives for a conference on the disagreeing provisions of SBN-2357 and HBN-6517, designating Senators Escudero, Revilla, Jr. and Compañera Pia S. Cayetano, as its conferees to the Bicameral Conference Committee;

8/13/2009 Sent to the House of Representatives requesting for concurrence;

9/28/2009 House of Representatives agreed to a conference on the disagreeing provisions of SBN-2357 and HBN-6517, and designated Representatives Defensor Jr., Puentevella, Abante Jr., and Rodriguez as its conferees to the Bicameral Conference Committee on September 15, 2009;

11/11/2009 House of Representatives elected Representative Tieng as additional conferee to the Bicameral Conference Committee on November 9, 2009;

12/1/2009 Conference Committee Report approved by the House of Representatives on November 18, 2009;

12/1/2009 Conference Committee Report submitted to the Senate, recommending that SBN-2357, in consolidation with HBN-6517, be approved as reconciled;

12/1/2009 Sponsorship speech of Senator FRANCIS "CHIZ" G. ESCUDERO on the conference committee report;

12/1/2009 Conference Committee Report Approved by the Senate;

12/22/2009 Enrolled copies of the consolidated version of SBN-2357 and HBN-6517, sent to the House of Representatives for the signature of the Speaker and the Secretary General;

[ 2010 ]

1/20/2010 Enrolled copies of the consolidated version of SBN-2357 and HBN-6517, received by the Senate already signed by the Speaker and the Secretary General of the House of Representatives;

1/21/2010 Enrolled copies of the consolidated version of SBN-2357 and HBN-6517, sent to the Office of the President of the Philippines through PLLO, for the signature and approval of Her Excellency President Gloria Macapagal Arroyo;

FINAL TITLE:
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

5/31/2010 Approved and signed into law in consolidation with HBN-6517, by the President of the Philippines, Her Excellency President Gloria Macapagal Arroyo on February 15, 2010, and became;

5/31/2010 REPUBLIC ACT NO. 9995.

Committees

Committee Report No.

Committee Referral

View Committee Referral in Senate website

Other Details

Issuance Category

Legislative Issuance

Legislative Issuance Type

Republic Act

Bill Note

Senate Bill First in Billing

Approval Note

Approved by the President on February 15, 2010 Origin: Senate

Subjects

ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009

CRIMES AND CRIMINALS

CYBERCRIME INFORMATION TECHNOLOGY VOYEURISM ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009

VOYEURISM

Link From Other Sources

URL (Congress)

http://congress.gov.ph/download/ra_14/RA09995.pdf

URL (Supreme Court)

Supreme Court link to the resource

Official Gazette

Official Gazette Source

Official Gazette vol. 106 no. 15 page 2049 (4/12/2010)

Full Text of Issuance

Click to view full text

S. No. 2357 H. No. 6517; 106 OG No. 15, 2049 (April 12, 2010)

[ REPUBLIC ACT NO. 9995, February 15, 2010 ]

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".

SEC. 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.

SEC. 3. Definition of Terms. — For purposes of this Act, the term:

"Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a person or persons.

"Capture" with respect to an image, means to videotape, photograph, film, record by any means, or broadcast.

"Female breast" means any portion of the female breast.

"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.

"Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual.

"Under circumstances in which a person has a reasonable expectation of privacy" means circumstances in which a reasonable person would 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.

SEC. 4. Prohibited Acts. — It is hereby prohibited and declared unlawful for any person:

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;
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;
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
To publish or broadcast, or cause to be published or broadcast, whether in print 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 nothwithstanding 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.

SEC. 5. Penalties. — 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 (P100,000.00) but not more than Five hundred thousand pesos (500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act.

If the violator is a juridical person, its license or franchise shall automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media.

If the offender is a public officer or employee, or a professional, he/she shall also be administrative liable.

If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines.

SEC. 6. Exemption. — Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism. Provided, That such written application and the examination under oath or affirmation of the applicant and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of, such crime.

SEC. 7. Inadmissibility of Evidence. — Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

SEC. 8. Separability Clause. — If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting.

SEC. 9. Repealing Clause. — Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE	(Sgd.) PROSPERO C. NOGRALES
President of Senate	Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2357 and House Bill No. 6517 was finally passed by the Senate and House of Representatives December 1, 2009 and November 18, 2009 on respectively.

(Sgd.) EMMA LIRIO-REYES	(Sgd.) MARILYN B. BARUA-YAP
Secretary of Senate	Secretary General House of Representatives

Approved: FEB 15 2010

(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines

Source: Supreme Court E-Library | Date created: April 08, 2019

Source: Supreme Court E-Library

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Entitled:
AN ACT PENALIZING PHOTO AND VIDEO VOYEURISM
[ FIRST REGULAR SESSION, 14TH CONGRESS ]
[ 2008 ]
6/2/2008	Prepared and submitted by the Committee on JUSTICE AND HUMAN RIGHTS with Senator(s) MIRIAM DEFENSOR SANTIAGO and FRANCIS "CHIZ" G. ESCUDERO as author(s) per Committee Report No. 65, recommending its approval in substitution of SBN-1100;
6/2/2008	Sponsors: Senator(s) FRANCIS "CHIZ" G. ESCUDERO, MIRIAM DEFENSOR SANTIAGO;
6/2/2008	Committee Report Calendared for Ordinary Business;
6/11/2008	Transferred from Ordinary Business to Special Order;
6/11/2008	Sponsorship speech of Senator FRANCIS "CHIZ" G. ESCUDERO;
8/26/2008	Senator Lapid requested that he be made as coauthor;
[ 2009 ]
6/3/2009	Interpellation of Senator(s) RAMON A. REVILLA JR., JOKER P. ARROYO, FRANCIS N. PANGILINAN, RICHARD "DICK" J. GORDON and PANFILO M. LACSON;
6/3/2009	Senators REVILLA, ESTRADA, LEGARDA, and GORDON were made coauthors;
6/3/2009	Period of interpellation closed;
6/3/2009	Period of committee amendments;
6/3/2009	Period of committee amendments closed;
6/3/2009	Period of individual amendments;
6/3/2009	Period of individual amendments closed;
6/9/2009	Approved on Second Reading with Amendments;
7/28/2009	Reconsideration of Approval on Second Reading;
7/28/2009	Period of committee amendments;
7/28/2009	Period of committee amendments closed;
7/28/2009	Inquiry of Senator Madrigal;
7/28/2009	Period of individual amendments closed;
7/28/2009	Approved on Second Reading with Amendments;
7/29/2009	Printed copies were distributed to the Senators;
8/10/2009	Approved on Third Reading;
8/10/2009	In favor: (16) JOKER P. ARROYO, RODOLFO G. BIAZON, "COMPANERA" PIA S. CAYETANO, ALAN PETER "COMPANERO" S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, FRANCIS "CHIZ" G. ESCUDERO, RICHARD "DICK" J. GORDON, GREGORIO B. HONASAN II, LOREN B. LEGARDA, FRANCIS N. PANGILINAN, AQUILINO Q. PIMENTEL JR., RAMON A. REVILLA JR., MAR ROXAS and JUAN MIGUEL F. ZUBIRI;
8/10/2009	Against: N o n e;
8/10/2009	Abstention: N o n e;
8/10/2009	Senate requested the House of Representatives for a conference on the disagreeing provisions of SBN-2357 and HBN-6517, designating Senators Escudero, Revilla, Jr. and Compañera Pia S. Cayetano, as its conferees to the Bicameral Conference Committee;
8/13/2009	Sent to the House of Representatives requesting for concurrence;
9/28/2009	House of Representatives agreed to a conference on the disagreeing provisions of SBN-2357 and HBN-6517, and designated Representatives Defensor Jr., Puentevella, Abante Jr., and Rodriguez as its conferees to the Bicameral Conference Committee on September 15, 2009;
11/11/2009	House of Representatives elected Representative Tieng as additional conferee to the Bicameral Conference Committee on November 9, 2009;
12/1/2009	Conference Committee Report approved by the House of Representatives on November 18, 2009;
12/1/2009	Conference Committee Report submitted to the Senate, recommending that SBN-2357, in consolidation with HBN-6517, be approved as reconciled;
12/1/2009	Sponsorship speech of Senator FRANCIS "CHIZ" G. ESCUDERO on the conference committee report;
12/1/2009	Conference Committee Report Approved by the Senate;
12/22/2009	Enrolled copies of the consolidated version of SBN-2357 and HBN-6517, sent to the House of Representatives for the signature of the Speaker and the Secretary General;
[ 2010 ]
1/20/2010	Enrolled copies of the consolidated version of SBN-2357 and HBN-6517, received by the Senate already signed by the Speaker and the Secretary General of the House of Representatives;
1/21/2010	Enrolled copies of the consolidated version of SBN-2357 and HBN-6517, sent to the Office of the President of the Philippines through PLLO, for the signature and approval of Her Excellency President Gloria Macapagal Arroyo;
FINAL TITLE: AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
5/31/2010	Approved and signed into law in consolidation with HBN-6517, by the President of the Philippines, Her Excellency President Gloria Macapagal Arroyo on February 15, 2010, and became;
5/31/2010	REPUBLIC ACT NO. 9995.