RA 9995 Antiphor

Question 1

Define private area of a person under the act.

Answer 1

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

Question 2

What acts are punishable under ra 9995?

Answer 2

To take photo or video coverage of a person or group of persons performing sexual act or
any similar activity;
2. 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;

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.

Question 3

What are the requisites for act (A) of? ra 9995

Answer 3

A ‘ The offender captures an image of the private area of a person ;
b. It is without consent of such person;
c. It is captured under circumstances in which such person has a reasonable
expectation of privacy.

Question 4

What is the penalty for
Violations under ra 9995?

Answer 4

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

Question 5

What are the requisites for the issuance of a written order under the ra 9995?

Answer 5

Requisites for the issuance of the written order :
1. There must be an application 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;
2. Applicant and the witnesses he/she may produce must be examined under oath or
affirmation;
3. There must be reasonable grounds to believe that photo or video voyeurism has been
committed or is about to be committed;
4. the evidence to be obtained is essential to the conviction of any person for, or to the
solution or prevention of such, crime