Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009, was enacted to protect the dignity and privacy of individuals against the non-consensual recording and distribution of sexual or private acts. In an era of viral content, this law provides a critical legal shield for victims of "revenge porn" and unauthorized surveillance.

1. What Constitutes the Crime of Voyeurism?

Under RA 9995, it is unlawful for any person to take a photo or video of a person or a group of persons performing a sexual act or any similar activity, or to capture an image of the private parts of a person without their consent.

The law applies specifically under circumstances where the person/s has a reasonable expectation of privacy. Prohibited acts include:

Recording: Capturing the image/video through clandestine means.
Copying/Reproducing: Making duplicates of such prohibited recordings.
Distribution: Selling, exhibiting, or uploading the content to the internet or any public medium.
Publishing: Even if the person did not record it themselves, sharing or broadcasting it is a criminal offense.

2. Elements of the Offense

For a complaint to prosper, the following elements are generally considered:

Subject Matter: The content involves sexual acts or the exposure of private parts.
Lack of Consent: The victim did not agree to the recording or the distribution.

Note: Even if a person consented to the recording (e.g., in a private relationship), the law is still violated if that recording is distributed or published without their further consent.
Expectation of Privacy: The act occurred in a setting where the victim believed they were not being watched or recorded (e.g., bedrooms, bathrooms, changing rooms).

3. Steps in Filing a Complaint

I. Evidence Preservation

Before the content is deleted or hidden, secure digital evidence:

Save links (URLs) of the posts.
Take screenshots of the content, the uploader’s profile, and any accompanying captions or comments.
Do not delete the original messages or files if they were sent to you directly.

II. Technical Assistance (Cybercrime Units)

It is highly recommended to seek help from specialized units to track IP addresses and preserve "digital trails":

PNP Anti-Cybercrime Group (PNP-ACG): Located at Camp Crame, Quezon City, or regional satellite offices.
NBI Cybercrime Division (NBI-CCD): Located at the NBI Building, Taft Avenue, Manila.

III. Filing the Formal Affidavit

The victim must execute a Complaint-Affidavit detailing the circumstances of the recording or distribution. This is filed before the Office of the City or Provincial Prosecutor where the crime was committed or where the victim resides (if the crime involves online distribution).

4. Penalties and Sanctions

RA 9995 imposes heavy penalties to deter offenders:

Imprisonment: Not less than three (3) years but not more than seven (7) years.
Fine: Not less than one hundred thousand pesos (₱100,000) but not more than five hundred thousand pesos (₱500,000).

If the offender is an alien, they shall be subject to deportation after serving their sentence. If the offender is a public officer or employee, the penalty shall be imposed in its maximum period.

5. Inadmissibility of Evidence

A unique feature of RA 9995 is the "Fruit of the Poisonous Tree" provision. Any photo, video, or recording obtained in violation of this Act is inadmissible as evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation. This prevents the offender from using the illicit material to further harass the victim in court.

6. Important Distinctions

Feature	RA 9995 (Voyeurism)	RA 9262 (VAWC)
Scope	Focuses on the act of recording/distribution.	Focuses on violence/abuse within relationships.
Gender	Applies to any gender.	Specifically protects women and children.
Consent	Lack of consent is central.	Psychological violence via "sexual voyeurism" is a key element.