Title: Anti-Photo and Video Voyeurism Act of 2009
Section 1: Short Title
Known as the "Anti-Photo and Video Voyeurism Act of 2009."
Section 2: Declaration of Policy
The State values the dignity and privacy of every human person.
Guarantees full respect for human rights.
The State shall penalize acts that would destroy the honor, dignity, and integrity of
a person.
Section 3: Definition of Terms
Broadcast: Making a visual image public with the intent of it being viewed by a
person or persons.
Capture: In relation to an image, includes videotaping, photographing, filming,
recording, or broadcasting.
Female Breast: Any portion of the female breast.
Photo or Video Voyeurism: Taking photo or video coverage of a person/group
performing a sexual act or capturing the private area of a person without consent.
Private Area of a Person: Naked or undergarment-clad genitals, public area,
buttocks, or female breast.
Under circumstances in which a person has a reasonable expectation of
privacy: Conditions where a reasonable person would believe they could disrobe
in privacy or that a private area would not be visible to the public.
Section 4: Prohibited Acts
It is unlawful for any person to:
Take photo or video coverage of a person/group performing sexual acts or
capturing private areas without consent and under circumstances with a
reasonable expectation of privacy.
Copy or reproduce, with or without consideration, such photo or video
recording.
Sell or distribute the photo or video recording.
Publish or broadcast the photo or video coverage through various means.
The prohibition applies even if consent was given by the person/s. Violators are
liable for photo or video voyeurism.
Section 5: Penalties
Imprisonment of not less than three (3) years but not more than seven (7) years.
A fine of not less than P100,000.00 but not more than P500,000.00, or both.
For juridical persons, automatic revocation of license or franchise; officers held
liable.
Public officers or employees, or professionals, are administratively liable.
Alien offenders subject to deportation after serving sentence and paying fines.
Section 6: Exemption
Peace officers authorized by a written court order can use the record or any copy
thereof as evidence in civil or criminal investigations or trials related to photo or
video voyeurism.
Conditions for authorization include reasonable grounds to believe the crime has
been committed or is about to be committed, and the evidence is essential for
conviction, solution, or prevention.
Section 7: Inadmissibility of Evidence
Records, photos, videos, or copies obtained in violation of the preceding sections
are not admissible in judicial, quasi-judicial, legislative, or administrative hearings
or investigations.
Section 8: Separability Clause
If any provision or part is held invalid or unconstitutional, the remaining provisions
remain valid and subsisting.
Section 9: Repealing Clause
Any law, decree, issuance, order, rule, or regulation contrary to or inconsistent
with this Act is repealed, modified, or amended accordingly.
Section 10: Effectivity Clause
The Act takes effect fifteen (15) days after complete publication in the Official
Gazette or two (2) newspapers of general circulation.
he Republic Act 9775, also known as the "Anti-Child Pornography Act of 2009," is a
legislative measure enacted by the Philippines to combat the proliferation of child
pornography. Here is a summary of RA 9775:
Title: Anti-Child Pornography Act of 2009 (RA 9775)
Section 1: Short Title
The Act is known as the "Anti-Child Pornography Act of 2009."
Section 2: Declaration of Policy
The State recognizes the need to protect the welfare of children and to ensure
their full and harmonious development.
It declares the policy of the State to condemn child pornography and provide for
the protection of children from all forms of exploitation and abuse.
Section 3: Definition of Terms
Defines terms such as child, child pornography, computer system, and service
provider.
Section 4: Prohibited Acts
Prohibits engaging in the production, dissemination, and possession of child
pornography.
Makes it illegal to hire, employ, use, persuade, induce, or coerce a child to perform
in the creation of child pornography.
Section 5: Penalties
Prescribes penalties for individuals found guilty of violating the Act, including
imprisonment and fines depending on the gravity of the offense.
The penalties increase if the violator is a foreigner.
Section 6: Liability of Parents or Guardians
Holds parents or guardians criminally liable if they consent or allow the child to
engage in child pornography.
Section 7: The Presumption of Pornographic Purpose
Establishes a presumption of pornographic purpose for materials showing explicit
sexual activities involving a child.
Section 8: Non-Applicability of the Rule of Mitigating Circumstances
States that the rule of mitigating circumstances shall not apply to the crimes
defined under this Act.
Section 9: Prosecution under Other Laws
Allows for the simultaneous prosecution of offenses under this Act and violations
of other laws.
Section 10: Jurisdiction
Provides for jurisdiction over offenses defined under this Act, regardless of where
the offense is committed.
Section 11: Mandate to Investigate
Assigns law enforcement agencies the responsibility to investigate and prosecute
violations of the Act.
Section 12: Preservation of Computer Data
Authorizes the National Bureau of Investigation (NBI) to issue preservation orders
for computer data relevant to child pornography offenses.
Section 13: Obligations of Internet Service Providers
Imposes obligations on internet service providers to report and preserve data
related to child pornography.
Section 14: Appropriations
Allocates funds for the implementation of the Act.
Section 15: Separability Clause
Ensures that if any provision is declared invalid, the other provisions remain in
effect.
Section 16: Repealing Clause
Repeals any laws, presidential decrees, or issuances that are inconsistent with the
provisions of this Act.
Section 17: Effectivity
The Act takes effect fifteen (15) days after its publication in the Official Gazette or a
newspaper of general circulation.
The Anti-Child Pornography Act of 2009 aims to provide a comprehensive legal
framework to prevent and address the exploitation of children through
pornography, imposing strict penalties on offenders and establishing mechanisms
for investigation and prosecution.
The Republic Act 9208, also known as the "Anti-Trafficking in Persons Act of 2003,"
is a comprehensive legislation in the Philippines aimed at addressing the issue of
human trafficking. Here's a summary of the key provisions of RA 9208:
Title: Anti-Trafficking in Persons Act of 2003 (RA 9208)
Section 1: Short Title
The Act is known as the "Anti-Trafficking in Persons Act of 2003."
Section 2: Declaration of Policy
Recognizes the need to address trafficking in persons, especially women and
children, for exploitative purposes.
Establishes a comprehensive program to prevent, suppress, and prosecute
trafficking.
Section 3: Definition of Terms
Defines crucial terms related to trafficking, such as "trafficking in persons,"
"exploitation," and "vulnerable sectors."
Section 4: Acts of Trafficking in Persons
Enumerates acts constituting trafficking, including recruitment, transportation,
transfer, harboring, or receipt of persons by means of threat, use of force, or other
forms of coercion for the purpose of exploitation.
Section 5: Acts that Promote Trafficking in Persons
Identifies actions that promote trafficking, such as recruitment through deception,
abuse of power, and other fraudulent means.
Section 6: Qualified Trafficking
Specifies circumstances that aggravate the offense, resulting in higher penalties.
Section 7: Penalties
Prescribes severe penalties for trafficking offenses, including life imprisonment
and fines, depending on the gravity of the offense.
Section 8: Attempted Trafficking and Accessories to the Crime
Covers attempted trafficking and accessories to the crime, subjecting them to
penalties.
Section 9: Use of Trafficked Persons
Declares the act of using trafficked persons in the conduct of business illegal and
punishable.
Section 10: Use of Trafficked Persons by Foreigners
Penalizes foreigners who engage in trafficking-related activities within the
Philippine territory.
Section 11: Attempt, Conspiracy, and Proposal to Commit Trafficking
Addresses criminal liability for attempts, conspiracy, and proposals to commit
trafficking offenses.
Section 12: Mandatory Registration of Recruiters
Requires recruiters, including private employment agencies, to register with the
Department of Labor and Employment (DOLE).
Section 13: Registration and Regulation of Activities of Non-Government
Organizations (NGOs)
Regulates the activities of NGOs involved in the prevention and suppression of
trafficking.
Section 14: Establishing a Trafficking in Persons Oversight Committee
Establishes an inter-agency committee to oversee and coordinate the
implementation of the law.
Section 15: Rehabilitation and Protective Programs
Provides for the protection, assistance, and rehabilitation of trafficked persons,
ensuring their rights and welfare.
Section 16: Extradition
Allows for the extradition of persons accused of trafficking offenses.
Section 17: Confidentiality
Protects the confidentiality of proceedings, records, and identities of trafficked
persons.
Section 18: Witnesses
Provides protection for witnesses to ensure their safety and cooperation in legal
proceedings.
Section 19: Finality of Acquittal
Specifies the conditions under which an acquittal becomes final and unappealable.
Section 20: Annual Report
Requires concerned agencies to submit an annual report on their anti-trafficking
efforts.
Section 21: Implementing Rules and Regulations
Directs the formulation of rules and regulations necessary for the effective
implementation of the law.
Section 22: Appropriations
Allocates funds for the implementation of the Act.
Section 23: Separability Clause
Preserves the validity of unaffected provisions even if one or more sections are
declared unconstitutional.
Section 24: Repealing Clause
Repeals conflicting laws, executive orders, and decrees.
Section 25: Effectivity
Specifies the date of effectivity of the Act.
RA 9208 represents the Philippines' commitment to combating human trafficking,
emphasizing prevention, prosecution, protection, and partnership among various
stakeholders. It reflects international standards and frameworks in addressing this
heinous crime.