Republic Act No. 9995, known as the Anti-Photo and Video Voyeurism Act of 2009, is the primary and specific law that criminalizes all forms of non-consensual capturing, reproduction, sale, distribution, publication, or broadcasting of sexual or intimate images and videos in the Philippines. It is the only statute that uses the term "voyeurism" (or "video voyeurism" and "photo voyeurism") in its title and provisions.
The law was enacted precisely to close the gap left by the Revised Penal Code, which previously had no direct provision against "upskirt," "downblouse," hidden-camera sex tapes, revenge porn, or similar acts when committed without violence, force, or intimidation.
Prohibited Acts (Section 4, RA 9995)
The law punishes four (4) distinct but related acts:
Capturing/Taking the photo or video of a person/s performing a sexual act or any similar activity, or capturing the image of the private area (naked or undergarment-clad genitals, pubic area, buttocks, or female breast) without consent and under circumstances where the person has a reasonable expectation of privacy.
Copying or reproducing (with or without consideration) such photo, video, or recording.
Selling or distributing (or causing the sale or distribution) of such material, whether original or reproduced.
Publishing or broadcasting (or causing the publication or broadcast) of such material, whether in print, TV, VCD/DVD, internet, mobile phones, or any similar device.
All four acts carry exactly the same penalty. There is no distinction in gravity between the act of taking the photo and the act of uploading it to Pornhub or sharing it on Telegram.
Principal Penalty Under RA 9995 (Section 5)
Any person found guilty of any of the prohibited acts shall be punished by:
Imprisonment ranging from three (3) years but not more than seven (7) years
and
a fine of not less than One hundred thousand pesos (₱100,000.00) but not more than Five hundred thousand pesos (₱500,000.00),
or both, at the discretion of the court.
Therefore, the maximum penalty under RA 9995 proper is seven (7) years imprisonment and a fine of Five hundred thousand pesos (₱500,000.00).
This is a straight penalty (not subject to the Indeterminate Sentence Law in the sense that the court fixes both minimum and maximum within the 3–7 year range).
When the Maximum Penalty Becomes Higher
1. When Committed Through a Computer System (RA 10175 – Cybercrime Prevention Act of 2012)
Section 4(c)(2) of RA 10175 expressly includes violations of RA 9995 when committed through the use of information and communication technologies (computers, mobile phones, internet, cloud storage, etc.).
Section 6 of RA 10175 provides that the penalty shall be one (1) degree higher than that provided in RA 9995.
In jurisprudence (e.g., Disini v. Secretary of Justice, G.R. No. 203335, February 11, 2014, and subsequent cases), the Supreme Court has consistently upheld the application of the one-degree-higher rule to RA 9995 violations committed online.
The penalty of 3–7 years under RA 9995 corresponds approximately to prisión mayor in its minimum and medium periods.
One degree higher is therefore prisión mayor in its maximum period to reclusion temporal in its minimum period, which translates to:
Imprisonment of six (6) years and one (1) day to fourteen (14) years (depending on the presence of modifying circumstances).
In actual prosecutions, courts almost always impose a straight penalty ranging from eight (8) years and one (1) day to twelve (12) years as the most common range for online photo/video voyeurism cases involving adult victims.
The fine is likewise increased proportionately (commonly ₱500,000 to ₱1,000,000 or higher).
2. When the Victim is a Minor (Below 18 Years Old)
If the victim is a child, the case is now governed primarily by Republic Act No. 11930 (Anti-Online Sexual Abuse or Exploitation of Children [OSAEC] and Anti-Child Sexual Abuse or Exploitation Materials [CSAEM] Act of 2022), which repealed the relevant portions of RA 9775 and increased penalties dramatically.
Under RA 11930:
- Production of CSAEM (which includes voyeuristic materials): reclusion perpetua
- Offer, sale, distribution, possession with intent to distribute: reclusion temporal to reclusion perpetua
- Simple possession: reclusion temporal
Even if not charged under RA 11930, prosecutors invariably include it when the victim is a minor, making the maximum penalty life imprisonment or reclusion perpetua.
3. When Committed by a Person in Authority or in Violation of RA 9262 (Violence Against Women and Children)
If the perpetrator is a spouse, former spouse, or person with whom the victim has/had a sexual or dating relationship, the act constitutes psychological violence under Section 5(i) of RA 9262 and may carry prisión mayor (6 years and 1 day to 12 years) in addition to or in lieu of RA 9995 charges.
Special Penal Liabilities
Juridical persons (corporations, websites, platforms): The president, manager, or responsible officer shall suffer the penalty in its maximum period (7 years + ₱500,000 fine under RA 9995; higher if online).
Owners/operators of establishments or conveyances who knowingly allow the prohibited acts for profit or with lewd design (Section 6): Imprisonment of 1 month to 1 year and/or fine of ₱50,000–₱200,000.
Alien offenders: Deportation after service of sentence and/or fine (Section 5, par. 2).
Prescription of the Crime
- Under RA 9995 alone: 20 years (Act No. 3326, as amended)
- When charged under RA 10175: 20 years (same)
- When involving child victims under RA 11930: 30 years or imprescriptible in certain cases
Key Supreme Court Rulings and Doctrines
- The act of mere possession is not punishable under RA 9995 (only copying/reproducing for personal use might be argued, but usually not charged).
- Live streaming of sexual acts without consent falls squarely under paragraph (d) ("broadcast through internet or similar means").
- Consent given at the time of recording is revoked when the material is later distributed without permission (the basis of most "revenge porn" convictions).
- The "reasonable expectation of privacy" element is interpreted broadly: hotel rooms, bedrooms, bathrooms, and even dimly lit vehicles at night have been held to satisfy this requirement.
Summary Table of Maximum Penalties
| Circumstance | Maximum Imprisonment | Maximum Fine | Governing Law(s) |
|---|---|---|---|
| Pure RA 9995 (offline or no ICT) | 7 years | ₱500,000 | RA 9995 |
| Committed through computer system | 12–14 years (commonly 12) | ₱1,000,000+ | RA 9995 + RA 10175 |
| Victim is a minor | Reclusion perpetua | ₱2,000,000–₱5,000,000 | RA 11930 |
| Committed by spouse/partner | 12 years | ₱300,000–₱500,000 | RA 9262 ± RA 9995/10175 |
In current Philippine prosecutorial practice (2023–2025), almost all photo/video voyeurism cases are charged under RA 10175 in conjunction with RA 9995, making the effective maximum penalty twelve (12) years imprisonment for adult victims, and reclusion perpetua when the victim is a child.
Thus, while the literal maximum penalty under the Anti-Photo and Video Voyeurism Act standing alone is seven (7) years, the real-world maximum penalty in the overwhelming majority of cases is significantly higher due to the mandatory application of the Cybercrime Prevention Act or the Anti-OSAEC Law.