Chito Miranda and Neri Naig's legal options

If not sympathy, Parokya Ni Edgar vocalist Chito Miranda and his girlfriend deserve justice.   

This is what lawyer and former Integrated Bar of the Philippines' spokesman Trixie Cruz-Angeles thinks about the controversial Miranda-Neri sex video.
 
Also a legal counsel for the National Commission for the Culture and the Arts, Cruz-Angeles noted that the issue is not really about making a consensual sex video.
 
“What two people do in the bedroom is none of our business so long as it’s between consenting adults. If they post a video of it, (that’s a different matter),” Cruz-Angeles said.
 
“But when someone illegally uploads a video not intended for public consumption, those two people on the video become victims and deserve, if not sympathy, justice,” she explained.
 
She also noted there’s no need for “victimizing the victims” with comments criticizing Miranda and Naig for the incident.
 
“They do not need to hear our comments that they were incredibly stupid for making the video in the first place. There's no law against saying that, but there isn't one that says they can't take consensual sex videos of themselves either,” Cruz-Angeles explained.
 
“That the video was stolen, is a crime and the person who did that is the one that ought to be punished, the one who ought to be on the receiving end of the outrage,” she pointed out.
 
On Saturday, Miranda turned to social media to explain a thief broke into their house and stole their belongings, including the hard drive that had the video.
 
He also apologized to Naig’s parents for the “leaked private video.”
In light of the incident, Cruz-Angeles said the couple has the option to file robbery or theft charges against the person who took their hard drive.
 
If the thief has not yet been identified or apprehended, she said they can still file a libel case against the person, who uploaded or published the video.
 
“There will also be presumptions against the person/s who uploaded it since they directly benefited from the crime,” Cruz-Angeles explained.
 
“Incidentally, in such an instance, Chito's being a public figure will not affect him adversely. The publication of a sex video is clearly malicious, as there is no public interest involved,” she added.
 
The camp may also invoke a violation of E-Commerce Law at their expense.
 
The law penalizes “hacking or cracking” or unauthorized access into or interference in a computer system/server or information and communication system.
 
It also imposes a minimum fine of P100,000.00 and a maximum commensurate to the damage incurred and a mandatory imprisonment of 6 months to 3 years on violators.

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