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Question

IV. SPECIAL PENAL LAWS - C. Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995, secs. 3-7)

Scenario:

One evening, Mark enters the locker room of a gym for a quick change before his workout. Unbeknownst to Mark, Jane, a fellow gym member, has set up a hidden camera in the corner of the locker room, capturing video footage of everyone changing clothes. The next day, Mark stumbles upon a website that features explicit videos of gym members changing in the locker room, including himself. Outraged, Mark seeks legal advice on the matter.

1. What are the elements of the crime of unlawful use of photo or video voyeurism under the Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)?
2. Can Mark file a complaint against Jane for violating the Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)? Explain your answer.
3. If Jane is found guilty of the crime, what penalties may she face under the Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)?
4. Assuming that Mark proves that his privacy was violated by Jane's actions, can he also seek civil damages in addition to the criminal case? Explain.

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Answer