How to File a Complaint Under the Anti-Photo and Video Voyeurism Act

To file a complaint under the Anti-Photo and Video Voyeurism Act, you generally need to (1) secure and preserve every copy of the photo, video, screenshot, link, or chat log involved, (2) execute a sworn Complaint-Affidavit narrating what happened and why it was done without your consent, and (3) file that affidavit with the Office of the City or Provincial Prosecutor that has jurisdiction, or first seek assistance from the PNP Women and Children Protection Desk, the PNP Anti-Cybercrime Group, or the NBI Cybercrime Division if the material was taken, shared, or distributed online. Barangay conciliation is not required, since the penalty for this offense exceeds one year of imprisonment.

What Counts as Voyeurism Under the Law

Republic Act No. 9995 defines and penalizes photo and video voyeurism, and its prohibited acts are broader than most people assume. It is unlawful to:

• Take a photo or video of a person, or of a group of persons, performing a sexual act or similar activity, or to capture an image of a person’s private area (genitals, pubic area, buttocks, or female breast) under circumstances where that person had a reasonable expectation of privacy — without consent.
• Copy or reproduce such an image, photo, or video, with or without consideration.
• Sell or distribute such material.
• Publish or broadcast it, whether through print, broadcast media, the internet, or mobile devices, whether by VCD, DVD, or any similar means.

The part that surprises most people: the law expressly states that the prohibition on copying, selling, distributing, publishing, or broadcasting applies even if the original photo or video was taken with consent. A partner who agreed to be filmed does not thereby consent to that footage being shared, forwarded, posted, or sold later — doing so is a separate violation on its own.

Anyone found guilty faces imprisonment of not less than three (3) years but not more than seven (7) years, and a fine of not less than ₱100,000.00 but not more than ₱500,000.00, or both, at the court’s discretion. If the offender is a public officer or employee, administrative liability also attaches; if the offender is an alien, deportation proceedings follow after sentence and payment of fines; and if a juridical entity is involved, its license or franchise is automatically deemed revoked, with liability extending to its responsible officers.

Step 1: Preserve the Evidence Immediately

Before anything else, secure copies of everything relevant — without further spreading the material yourself. This typically means:

• Screenshots of the images, videos, messages, or posts, including the date, time, sender, and any usernames or account handles visible on screen
• Links or URLs where the material was posted or shared, saved before they can be taken down
• Copies of any device, memory card, or cloud storage account that may contain the original file, kept unaltered
• Names and contact details of anyone who witnessed the recording, or who received or saw the material being circulated
• A written timeline, in your own words, of when you learned about the recording or distribution and every step you took afterward

If you are not sure how to capture certain digital evidence without compromising it, this is a good moment to ask the PNP Anti-Cybercrime Group or the NBI Cybercrime Division for guidance, since they routinely handle the forensic side of these cases.

Step 2: Decide Where to Seek Help First

You have more than one entry point, and using them together often works best:

• PNP Women and Children Protection Desk (present at police stations nationwide) — a practical first stop, especially where the victim is a woman or minor, for initial assistance, blotter entry, and referral.
• PNP Anti-Cybercrime Group (PNP-ACG), based at Camp Crame with regional units — the specialized unit for cases involving online distribution, anonymous accounts, or the need to trace how material was uploaded or shared.
• NBI Cybercrime Division — an alternative venue with similar digital forensic capability, useful if you prefer to go through the NBI instead of, or in addition to, the police.
• Office of the City or Provincial Prosecutor where the offense was committed, or, for online distribution, where any essential element of the offense occurred or where you as complainant reside — you can file your Complaint-Affidavit here directly, with or without having gone through the police or NBI first.

None of these are mutually exclusive. Many victims report to the PNP or NBI first to get help gathering digital evidence and identifying an anonymous offender, then proceed to file the sworn complaint with the prosecutor’s office once the evidence is in order.

Step 3: Execute a Complaint-Affidavit

Your Complaint-Affidavit is the formal, sworn document that starts the criminal process. It should lay out, clearly and in chronological order:

• Who you are and your relationship, if any, to the person you are accusing
• Exactly what was recorded, copied, sold, distributed, published, or broadcast, and how you learned of it
• Why you had a reasonable expectation of privacy at the time (for example, that you were in a private room, that the material shows a private area or intimate act, or that any recording was never meant to be shared beyond the two of you)
• That you did not consent to the recording, or that you did not consent to the copying, distribution, sale, publication, or broadcast, even if you had consented to the original recording
• A list of the evidence attached, referenced by exhibit letter

The affidavit must be signed before a prosecutor, or notarized, as required for filing. Attach your evidence as annexes, and bring your own copies for your records.

Step 4: What Happens After Filing

Once filed, the case proceeds like other criminal complaints under preliminary investigation:

• The respondent is given the opportunity to file a Counter-Affidavit answering your allegations.
• The investigating prosecutor evaluates both sides and determines whether probable cause exists to charge the respondent in court.
• Under the Department of Justice’s current preliminary investigation rules, prosecutors are generally expected to resolve regular complaints within sixty (60) calendar days, with a further extension of up to thirty (30) days available for certain cases, so you should expect this stage to run for weeks to a few months rather than days.
• If the material was distributed through a computer system, social media, or similar means, the offense may be charged in relation to the Cybercrime Prevention Act, under which the penalty for an offense already punishable under a special law is increased by one degree when committed through information and communications technology.

Because the maximum penalty under this law exceeds one year of imprisonment, the case is exempt from the mandatory barangay conciliation process under the Local Government Code — you do not need to go through the Lupong Tagapamayapa first, and can proceed straight to the prosecutor’s office.

Handling Material That Is Already Circulating

If the images or video are already being shared before you can file a complaint, act on two tracks at once rather than waiting for the case to resolve before doing anything about the spread:

• Report the content to the platform. Facebook, Instagram, TikTok, X, and most messaging apps have dedicated reporting tools for non-consensual intimate imagery, and many will act faster than a court case ever could to take material down or disable an account.
• Document before you report. Take your screenshots and save your evidence before submitting a takedown request, since the material may disappear once the platform acts on it — and you will still need that evidence for your complaint.
• Avoid engaging directly with the person distributing it, especially if there is any hint of extortion or a demand for money or continued contact in exchange for stopping. Preserve those messages instead and bring them to the PNP-ACG or NBI as part of your evidence.

Civil Liability Alongside the Criminal Case

A criminal complaint under this law does not prevent you from also pursuing a separate civil action for damages arising from the same act — for the humiliation, mental anguish, and reputational harm caused by the recording or distribution. Many victims choose to raise the civil aspect together with the criminal case rather than as a separate suit, since the same evidence usually supports both. Whether that makes sense in your situation depends on the specifics of what happened and who is involved, which is worth discussing with counsel early rather than after the criminal complaint is already filed.

Other Charges That Sometimes Apply Alongside Voyeurism

Depending on the facts, a voyeurism complaint is sometimes filed together with other charges. If the offender is or was an intimate partner and the act caused psychological or emotional harm, the conduct may also fall under the Anti-Violence Against Women and Their Children Act. If the material was used to extort money, favors, or continued contact from the victim, separate charges related to threats or extortion may also be appropriate. A lawyer can help you assess which combination of charges best fits your specific facts, since overlapping laws often apply to the same set of events.

Frequently Asked Questions

Is it still voyeurism if I agreed to be recorded? Yes, if the recording is later copied, distributed, sold, published, or broadcast without your consent, since the law treats that as a separate violation even when the original recording was consensual.

Do I need a lawyer to file this kind of complaint? It is not legally required, since you can go directly to the prosecutor's office, PNP, or NBI, but a lawyer can help you draft a stronger affidavit and identify any additional charges that may apply.

What if I do not know who distributed the material? The PNP Anti-Cybercrime Group and the NBI Cybercrime Division both have digital forensic capabilities that can help trace an anonymous account or identify how the material was shared.

Do I need to go through barangay conciliation first? No, because the penalty under this law exceeds one year of imprisonment, the case is exempt from mandatory barangay conciliation, and you can file directly with the prosecutor's office.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

Acting quickly to preserve evidence is often what makes the difference between a complaint that goes somewhere and one that stalls for lack of proof.