2 February 2018

Ms. Tiffanny Park

Bonifacio Global City

Taguig

Dear Ms. Park

These legal opinion seeks to find if Mr. Esguerra can be held criminally liable for taking
your picture without your consent in a place where there’s a reasonable expectation of privacy
inside the dressing room and made copies of it for unknown purposes.

The Facts

The following are the pertinent facts regarding the issue:

On January 3, you’re at JM Fashion shop in Quezon City. You try to fit some dress inside
the dressing of the shop.

A week after that, you discovered at PhotoGo Printing that there are photos of you
while inside the dressing room by some Mr. Esguerra and he made several copies of it from his
phone and printed it. But he dropped one of the copy of the photo and upon discovery, it was
you seeing your private area of your body.

The Applicable Law

The applicable law is Section 4. Paragraph (A) and (B) of Anti-Photo and Video
Voyeurism Act of 2009. It provides that:

“(a) To take photo or video coverage of a person or group of person 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, public 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;”

“(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or

recording of sexual act or similar activity with or without consideration.”

The foregoing provisions are directly govern your situation. It applies to the case where a person
while performing some private act or activities which he has reasonable expectation of privacy
without the latter’s consent captures an image of someone’s private area of his body and made
several copies of it for unknown purposes.

The Legislative intent of Anti-Photo and Video voyeurism Act of 2009

 The State values the dignity and privacy of every human person and guarantees full
respect of human rights.

Analysis and Conclusion

Applying the rules governing the Law, this law is applicable on your case wherein the
requisites of the provisions given at the case are all present. Under the Section 4. (D) Par. 2 which
provides that:

“The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s.”

The act of taking photo of Mr. Esguerra while you’re at the dressing room which you expect that
there is reasonable privacy on your prat while trying to fit some dress are prohibited under the
law.

Recommendation

To invoke the provisions of the Anti-Photo and Video voyeurism Act of 2009, it is
required that you should submit necessary evidence that will prove that Mr. Esguerra indeed
take pictures of you and the photo that he printed at PhotoGo Printing shop.

All said requisites to prove the unlawful act of Mr. Esguerra are present. I advise you
to submit all this necessary documents. Thank you.

LEGAL COUNSEL