Cager Danny Ildefonso Filed a Violation of Anti-Photo and Video Voyeurism Act of 2009



As reported in The Philippine Star which was published in the website of ABS-CBN, a dance instructor and part- time events organizer was arrested for taking pictures of Philippine Basketball Association (PBA) player Danny Ildefenso naked and taking a shower at the Meralco gym in Pasig City, Tuesday, October 21, 2014.

Anthony Arnold Trinidad, 46, tried to escape after Ildefonso, who plays for Meralco Botls, noticed him but he was cornered by Meralco security guards.

Ildefonso said that he heard a clicking sound while taking the shower.  When he peeked through the curtain, he saw Trinidad kneeling on the floor and taking pictures.

The cager filed a complaint for violation of Republic Act No. 9995 or the Anti- Photo and Video Voyeurism Act of 2009 against Trinidad.  However, after Trinidad asked forgiveness and promised to delete the photos, Ildefonso withdrew the complaint.

For the benefit of the readers, what provision of R.A. No. 9995 Trinindad has committed allegedly and what is its imposable penalty.



As defined in R.A. No. 9995, photo or video voyeurism is the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person's.

Moreover, as defined in the said law, private area of a person means the naked or undergarment clad genitals, pubic area, buttocks or female breast of an individual.



As provided, it is prohibited and declared unlawful for any person:

1.  To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, pubic 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;

2.  To copy or reproduce, or to cause to be copied or reproduced, such as photo or video or recording of sexual act or similar activity with or without consideration;

3.  To sell or distribute, or cause to be sold or distributed, such as photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or

4.  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 similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

The prohibition under paragraphs (2), (3), and (4) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s.  Any person who violates this provision shall be liable for photo or video voyeursin as defined.

The penalty to be imposed is 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 (P500,000.00), or both, at the discretion of the court.

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,mor 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.

Source: ABS-CBN.com

Note:  The photos used herein are not owned by the blogger.  They were taken from Google.

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