Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009, is the primary Philippine law that specifically criminalizes what is commonly referred to as “photo or video voyeurism” or “sextortion/revenge pornography” when committed through non-consensual recording or distribution of intimate images or sexual acts.

The law was approved on 15 February 2010 and took effect fifteen (15) days after its publication in the Official Gazette and in at least two newspapers of general circulation.

What Constitutes the Crime of Photo or Video Voyeurism Under RA 9995?

Section 3(d) defines “photo or video voyeurism” as any of the following acts:

Taking photo or video coverage of a person or group of persons performing a sexual act or any similar activity, or capturing an image of the private area of a person (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 such photo, video, or recording, with or without consideration;
Selling or distributing such photo, video, or recording, whether original or reproduced; or
Publishing, exhibiting, broadcasting, or showing the said material through any medium (VCD/DVD, internet, mobile phones, television, cinema, or any similar means) without the written consent of the person/s involved.

The crime is consummated even if the taking of the photo/video was originally consensual, as long as the subsequent copying, distribution, publication, or broadcast was done without consent. This makes RA 9995 the principal law used against revenge pornography in the Philippines.

Penalty Under Section 5 of RA 9995

The penalty prescribed by the law is uniform for all prohibited acts enumerated in Section 4:

Imprisonment ranging from three (3) years to 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 imprisonment and fine, at the discretion of the court.

Therefore, the maximum penalty under RA 9995 is:

Seven (7) years imprisonment and a fine of Five hundred thousand pesos (₱500,000.00).

The penalty is imposed in its maximum period when there are aggravating circumstances (e.g., abuse of public position, commission by an organized/syndicated group, or when the offender took advantage of a position of trust or authority over the victim), although the law itself does not explicitly create qualified or privileged mitigating forms.

Additional Penalties and Consequences

When the offender is a juridical person (corporation, partnership, association, etc.)
The penalty is imposed upon the president, manager, partner, or any officer directly responsible for the violation.
When the offender is a public officer or employee
In addition to the criminal penalty, the offender suffers perpetual absolute disqualification from public office and forfeiture of retirement benefits.
When the offender is a licensed professional
The court may revoke or cancel the offender’s professional license.
When the offender is an alien
After service of sentence, the alien shall be immediately deported and permanently barred from re-entry into the Philippines.
Confiscation and destruction of materials
All copies of the prohibited photos/videos, including those stored in computers, cellular phones, memory cards, hard drives, and cloud storage, are confiscated and immediately destroyed by the court.

Relationship with Other Laws (Higher Penalties May Apply)

While RA 9995 carries a maximum of 7 years, the following laws provide higher penalties when the voyeurism involves qualifying circumstances:

RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and RA 9775 (Anti-Child Pornography Act of 2009)
If the victim is below 18 years of age or is mentally or physically incapacitated, the penalty is reclusion temporal (12 years and 1 day to 20 years) to reclusion perpetua, depending on the specific provision applied.
RA 10175 (Cybercrime Prevention Act of 2012)
When the voyeurism is committed through a computer system or the internet, the penalty under RA 9995 is increased by one degree (i.e., maximum becomes 7 years to 12 years imprisonment under the cybercrime enhancement rule in Section 6 of RA 10175).
RA 9262 (Anti-Violence Against Women and Their Children Act of 2004)
When committed against a woman with whom the offender has or had a sexual or dating relationship, the act may also be prosecuted as psychological violence, with penalty of prision mayor (6 years and 1 day to 12 years).

In practice, prosecutors almost always charge the accused under multiple laws (RA 9995 + RA 10175 + RA 9262 or RA 9775) to ensure the highest possible penalty is imposed.

Prescription Period

Since RA 9995 is silent on prescription, the rule under Act No. 3326 (as amended) applies: the crime prescribes in twelve (12) years from the day of commission or discovery thereof.

Notable Supreme Court Pronouncements

The Supreme Court has consistently upheld convictions under RA 9995 and has clarified:

Consent to the sexual act does not equate to consent to recording or distribution (People v. Cañedo, G.R. No. 247336, 03 November 2020).
Posting intimate photos/videos on Facebook, Telegram, or private group chats constitutes “broadcast” or “publication” under the law.
The victim need not be completely naked; images showing undergarments or partial exposure of private parts already suffice if taken without consent and under circumstances of reasonable expectation of privacy.

Conclusion

Under the pure provisions of Republic Act No. 9995, the maximum penalty for photo or video voyeurism is seven (7) years imprisonment and a fine of Five hundred thousand pesos (₱500,000.00).

However, in the overwhelming majority of actual prosecutions, especially those involving the internet, former intimate partners, minors, or public dissemination, the effective maximum penalty imposed by courts is almost always significantly higher (12–40 years or even reclusion perpetua) due to the concurrent application of the Cybercrime Prevention Act, Anti-Child Pornography Act, or Anti-VAWC Act.

RA 9995 remains the foundational and most frequently invoked law for all forms of non-consensual intimate image abuse in the Philippines.