Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
ANTI-CYBERCRIME GROUP
CAMP BGEN. RAFAEL T. CRAME
Quezon City, Metro Manila

MEMORANDUM

FOR : Director, ACG

FROM : Chief, Investigation Unit

SUBJECT : Investigation Report Re: An Alleged Violations of R.A. No.

9995, R.A. No. 9775 and R.A. No. 9262”

DATE : July 10, 2019

_______________________________________________________

I. AUTHORITY:

1.

2. The Sworn Affidavit of the Complainant and Complaint Sheet

3. Memo from Director PNP-ACG, Camp Crame, Quezon City dated July 10,
2019 an investigation report on the above subject.

II. MATTERS TO BE INVESTIGATED:

3. To determine the facts and surrounding circumstances in violations of R.A

9995, otherwise known as the Anti-Photo and Video Voyeurism; and

4. To possibly identify the liabilities of Mr. John Balbuena and to file

appropriate criminal case against the suspect if the evidence is warrant.

III. FACTS OF THE CASE:

5. On July 10, 2019 at 10:00 o’clock in the morning the complainant Mrs.
Mercy Lusterio, 45 years old, resident of Lt.39 Blk 2 St. Crescent Knoll Subd. Bgy.
Barandal, Calamba City, Laguna together with her daughter Sofia Lusterio 15 years old,
came to ask an assistance to file a case against Mr. John Balbuena, 35 years old
residing at Purok 3, Bgy.Pansol, Calamba City, Laguna, a school teacher at Calamba
City Science High School who allegedly posted nude pictures on the internet of her
daughter name Sofia Lusterio (Attached is the Affidavit of Complaint as TAB “A”).

6. On July 9, 2019 in the afternoon when Jonalyn Bacaltos, a close friend of

the minor victim was browsing her facebook account receive the tag photos in her
timeline from unidentified person since the profile photo is a movie personality that
contains the nude photos of her friend. Ms. Jonalyn Bacaltos immediately message
Sofia regarding the nude photos tagged to her facebook account. On the same time,
Sofia ask Jonalyn to screenshots the pictures she saw. (Attached is the Affidavit of the
witness as TAB “B”).

7. On July 9, 2019 complainant Mrs. Lusterio, mother of the victim noticed

that
her daughter name Sofia Lusterio, 15 years of age doesn’t want to go to school. She
asked her daughter if Sofia has a problem. Then, Sofia narrates to her mother the whole
story. That her teacher named John Balbuena threatened her to post her nude photos
he had to her friends and classmates if she doesn’t agree with his condition. The
allegedly suspect Mr. Balbuena wants Sofia to go with her at the motel for one (1) night
and make love with him. Then, her daughter apparently refused the condition. (Attached
is the threatened message of alleged suspect as TAB “C”)

8. That the victim narrates to her mother that her and alleged Mr. John
Balbuena had in two (2) months’ relationship. Mr. Balbuena asked Sofia to send a nude
photo of her in return the alleged suspect give her a high grades and cash money
serves as her allowance. (Attached screenshot conversation of the victim and the
suspect as TAB “D”)

9. The complainant together with the victim came to PNP-ACG in Camp

Crame, Quezon City and filed a complaint against Mr. John Balbuena. Also, in the initial
assessment of the Duty Desk Officer in the said station, the complaint of Mrs. Mercy
Lusterio will be handle by the Cybercrime Group. Accompanied by the complainant is
her witness name Jonalyn Bacaltos who gave her voluntary statement as a witness.
The witness attended by her mother to attest that her daughter is willingly to witness for
the case. As evidence for the case the minor victim and the willing witness turn over
their cellphones carrying Facebook Account with evidences. Both signed a waiver for
the custody and for further investigation of their electronic devices. They also provide to
the investigator their cellphone password if needed for further investigation. (Attached
are screenshot Conversation of the Victim and Witness and cellphones photos and the
screenshot Photos Tagged to the Witness Account as TAB “E”)

10. That the investigator-on case, PMS Realyn Mae Desabille, handled
the documentation of the evidence presented by the complainant as well as her witness.
She processed and saved all pieces of evidence and compiled them accordingly.
(Attached is the waiver for custodial of evidence as TAB “F”).

11. The Memorandum Request for Digital Forensic Examination was

transmitted to PNP Anti-Cybercrime Group at Camp Crame, Quezon City. (Attached the
copy of Request for Digital Forensic Examination and Digital Forensic Examination
Request Form as TAB “G”).

12. That the initial result for Digital Forensic Examination conducted by
Anti-Cybercrime Group signed by PSSg Joefel Vigilia, Forensic Examiner the submitted
pieces of evidence are pointing to Mr. John Balbuena. (Attached the Initial Result for
Digital Forensic Examination and Storage Device for the Recovered Evidence as TAB
“H” and Confirmation of the suspect IP Address as TAB “I”).

IV. DISCUSSION/FINDINGS:

13. A carefully perusal of the facts and circumstances derived from the pieces
of evidence on hand clearly shows the allegedly Mr. John Balbuena committed the Anti-
Photo and Video Voyeurism violation. Based on the pieces of evidence gather and
witness testimony it was established that the aforementioned name above does
exposed the nude photos of the minor victim. The Certification and Authentication from
the Digital Forensic Unit of PNP- ACG shows that the Internet Protocol (IP) Address
belongs to Mr. John Balbuena.

14. Other concern is to identify the liability of Mr. Balbuena. It can be

gleaned thar the act of Mr. Balbuena by posting the nude photos and videos of Sofia
Lusterio without the authority of the latter constitutes violation of R.A. 9995, otherwise
known as the Anti-Photo and Video Voyeurism Act. The suspects intention is exposing
through a social media of the said photos is to besmirch the reputation of the minor
victim.

15. Republic Act No. 9995 provide the following provisions:

Section 3. Definition of Terms. - For purposes of this Act, the

term:

(d) "Photo or video voyeurism" means 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 the written consent of the
person/s involved, notwithstanding that consent to record
or take photo or video coverage of same was given by
such persons.

Section 4. Prohibited Acts. - It is hereby prohibited and declared

unlawful for any person:

(a) 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, 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 any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed,

such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or

(d) 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 any similar activity through VCD/DVD,
internet, cellular phones and other similar means or
device.

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. Any person
16. Considering that the victim is minor, the suspect also violated R.A 9775,
otherwise known as Anti-Child Pornography Act of 2009, which provide
the following provisions

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years

of age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or
mental disability or condition.

(b) "Child pornography" refers to any representation,

whether visual, audio, or written combination thereof,
by electronic, mechanical, digital, optical, magnetic or
any other means, of child engaged or involved in real
or simulated explicit sexual activities.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for

any person:
(c) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
(d) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast: Provided.
That possession of three (3) or more articles of child
pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast;

17. In assessment of questioning, minor victim threatened and sexually

harassed by the alleged suspect. In which the alleged suspect also
violated R.A 9262, otherwise known as Anti-Violence Against Women and
Their Children Act of 2004, which provide the following provisions

SECTION 3. Definition of Terms. - As used in this Act:

(a) "Violence against women and their children" refers to

any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship, or
with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to,
the following acts:

B "Sexual violence" refers to an act which is sexual in

nature, committed against a woman or her child. It
includes, but is not limited to:
 a) Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;

b) Acts causing or attempting to cause the victim to

engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm
or coercion;

C. "Psychological violence" refers to acts or omissions

causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of
the right to custody and/or visitation of common children.

V. CONCLUSION:
18. Based on evidence presented there exists a “probable cause” to charge
Mr. John Balbuena for the crime of R.A. 9995 known as Anti-Photo Video Voyeurism
Act of 2009, R.A. 9775 also known as Anti-Child Pornography Act and R.A. 9262 also
known as Anti-Violence Against Women and Their Children Act of 2004.

VI. RECOMMENDATIONS:
19. Wherefore, premise considered, it is hereby recommending the filing of
criminal case for violation of R.A. 9995, otherwise known as Anti-Photo and Video
Voyeurism Act of 2009, R.A. 9775 known as Anti-Child Pornography Act and R.A. 9262
also known as Anti-Violence Against Women and Their Children Act of 2004 against Mr.
John Balbuena before the Quezon City Prosecutors Office.

20. Request approval of paragraph 19.

Prepared by: Noted by:

PMS. REALYN MAE M DESABILLE PMAJ. NESTOR S LEE
Investigator-On Case Chief, Investigation Section