Dear PAO,
I caught the caretaker of our house taking a video of my sister while she was taking a bath, through a peephole. When I confronted him, I discovered that he had stored on his phone all sorts of intimate videos of every female who had used that particular bathroom in the past. He maintains that the photos and videos he took were solely for his personal and private use, and that he had never shared them with anyone. If that’s the case, can I still file a criminal complaint against him? Assuming I still can, what would be the penalty/ies if he’s found guilty?
Yan
Dear Yan,
Republic Act (RA) 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009, was enacted to protect individuals against unauthorized recording, reproduction, or distribution of photos and/or videos which tend to destroy the honor, dignity, and integrity of a person. (Section 2, RA 9995)
Principally, the law criminalizes the act of taking a photo or video of individual/s engaging in a sexual act or any similar activity, as well as the unauthorized recording or taking of picture of one’s private area, in circumstances demanding of a reasonable expectation of privacy. In addition thereto, the law equally penalizes the acts of copying or reproducing, with and without consideration; selling or distributing, either an original or a reproduction; and publishing or broadcasting, whether in print, broadcast, or digital media, a photo or video of a similar nature. (Section 4, RA 9995)
The fact alone that your caretaker had secretly taken a video of your sister while she was taking a bath, a circumstance in which your sister has reasonable expectation of privacy is, in and of itself, already a punishable act under the law. Thus, the premise that the subject photos and videos were privately held by your caretaker is inconsequential, and you may still certainly file a criminal case for violation of RA 9995 against him.
If found guilty in the criminal case, your caretaker shall suffer the penalty of imprisonment and fine, and may also be subjected to both administrative and civil liabilities, if applicable, pursuant to Section 5 of RA 9995, which fully states:
“Section 5. 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. xxx”
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
