I. Overview

In everyday language, people often say “I’m being blackmailed” or “He’s extorting money from me.”

Under Philippine law, however, the words “blackmail” and “extortion” are mostly colloquial. They are not the formal names of crimes in the Revised Penal Code (RPC).

Instead, depending on the exact facts, the conduct we casually call blackmail or extortion is usually punished as:

Grave Threats
Light Threats
Robbery with Intimidation (Extortion)
Grave Coercion
Libel / Slander (when threats involve publication of defamatory material)
Or under special laws (e.g., Cybercrime Prevention Act, Anti-Photo and Video Voyeurism Act, VAWC, Safe Spaces Act, etc.)

So the correct criminal case to file depends on the details of what happened:

What exactly was threatened?
What did the offender demand?
Did you actually give money or property?
Was it online? Did intimate images or defamatory content get involved?
Is a public officer involved?

This article explains the key concepts, how the crimes differ, and what cases are usually filed in common “blackmail/extortion” scenarios.

Important: This is general legal information, not formal legal advice. Always consult a Philippine lawyer for your specific case.

II. Is “Blackmail” a Crime in the Philippines?

Strictly speaking, there is no specific crime called “blackmail” in the Revised Penal Code.

When Filipinos say “blackmail,” they usually mean:

Someone is threatening to reveal or do something harmful (e.g., expose a secret, publish nude pictures, file a criminal case, ruin my reputation) unless I pay money or do what they want.

Legally, that is typically prosecuted as:

Grave Threats (if the threat is of a crime, combined with a demand/condition);
Light Threats (if the threat is of something wrong not amounting to a crime);
Robbery with Intimidation (Extortion) when the threat/intimidation is used to obtain money or property;
Or, in online/sexual contexts, under special laws (RA 10175, RA 9995, RA 9262, RA 11313, etc.)

So when thinking “blackmail,” a good starting point in Philippine law is usually:

Grave Threats, and
Robbery with Intimidation (Extortion)

depending mainly on whether money/property was actually delivered and the type of threat used.

III. What Is “Extortion” in Philippine Law?

Like “blackmail,” “extortion” is more of a descriptive term. It generally means:

Obtaining money or property through intimidation, threat, or abuse of authority.

In Philippine criminal law, that is usually punished as:

Robbery with Intimidation of Persons
- When someone, with intent to gain, makes you hand over property because you’re afraid of what they threaten to do.
- Example:
  
  “Magbigay ka ng ₱50,000 buwan-buwan, kung hindi susunugin namin tindahan mo.” You pay because you fear them. That’s not a willing payment; it’s robbery/extortion.
Grave Threats with Demand for Money
- If the emphasis is on the threat, and sometimes even if you didn’t actually pay yet.
If a public officer is involved, there may also be:
- Direct Bribery / Indirect Bribery
- Robbery / Extortion by Public Officer
- Anti-Graft and Corrupt Practices violations

The label “extortion” is often used in practice (e.g., in news or complaints), but the Information filed in court will cite concrete articles of the Revised Penal Code and/or special laws, not the word “extortion” alone.

IV. Core Legal Concepts Behind Blackmail and Extortion

To understand which case to file, three ideas are crucial:

Threat
- A statement or gesture that warns of future harm to a person, honor, or property, or that of their family.
- Example: “Ipapakalat ko ‘yang scandal mo.” / “I’ll tell your wife about your affair.”
Intimidation
- The threat is serious enough that a normal person would feel compelled to give in.
- It doesn’t need to be shouting or physically violent; even a soft but credible threat can intimidate.
Intent to Gain or Compel an Act
- Many of these crimes involve a demand:
  - Pay money
  - Give property
  - Do or stop doing something (e.g., “Sleep with me or I’ll leak the photos.”)

Once you see these elements, you’re usually in the territory of threats, robbery (extortion), or coercion.

V. Grave Threats and Light Threats

1. Grave Threats (Revised Penal Code)

Grave Threats occur when:

A person threatens another with a wrong that amounts to a crime (e.g., killing, serious physical injuries, arson, serious slander/libel, unjust vexation if criminalized, etc.); and
There is a demand for money, property, or any condition (even if not illegal); or
The threat is made in a manner showing a serious resolve to cause the crime (e.g., in writing, anonymous, with weapon, etc.).

Typical “blackmail” patterns that fall under grave threats:

“If you don’t send me ₱100,000, I will upload your nude photos.”
“If you don’t resign and sign this document, I will file a criminal case and destroy your name in the media.”
“If you don’t sleep with me, I’ll show your husband all our messages.”

Key points:

The crime can exist even if you did not pay or comply.
It becomes more serious if:
- The threat is in writing or through an anonymous person; or
- The offender achieves their purpose (you paid, you signed, etc.).

2. Light Threats

Light threats involve:

Threatening another with harm that does not amount to a crime, or
Threats that are less serious but still unlawful and meant to disturb or pressure a person.

Example:

“I’ll embarrass you in front of your co-workers” (without any criminal act involved) might fall under light threats, or in some cases, unjust vexation or harassment.

In serious blackmail/extortion scenarios, grave threats is usually more applicable than light threats because the threatened act often is a crime (libel, physical harm, arson, etc.).

VI. Robbery with Intimidation (Extortion)

1. Definition

Under the Revised Penal Code, robbery is committed when:

A person, with intent to gain, takes personal property belonging to another, by means of violence or intimidation.

If the victim hands over the money or property because they’re afraid of a threat, the law may treat it as robbery by intimidation — what people commonly call “extortion.”

2. Key Difference from Grave Threats

Grave Threats: Focus on the threat of a future crime plus a demand. It can exist even without any actual payment.
Robbery with Intimidation (Extortion): Focus on the taking of property through intimidation. The property must actually be surrendered due to fear.

So:

If the suspect has been threatening and demanding but you haven’t paid yet, a complaint for grave threats is usually more fitting.
If you already paid because of the threat, your lawyer/prosecutor may pursue robbery (extortion), and possibly grave threats or a separate offense if the threat itself is independently punishable.

VII. Other Relevant Crimes Often Involved in “Blackmail” Situations

Depending on the facts, the same conduct can violate multiple laws. Prosecutors often allege several crimes, though only one conviction is ultimately allowed for the same act (to avoid double jeopardy).

Common overlaps include:

1. Libel / Slander / Cyber Libel

If the threat involves publishing defamatory statements (true or false) to destroy reputation:

Libel (written / online posts / publications)
Slander (spoken)
Cyber libel if done through computer systems or the internet

The threat to publish plus a demand for money = grave threats or robbery/extortion, plus the actual publication (if done) may be libel/cyber libel.

2. Anti-Photo and Video Voyeurism Act (RA 9995)

If the blackmail involves nude photos, sex videos, intimate recordings, especially taken or shared without consent:

The offender may be liable for:
- Recording without consent;
- Publishing or sharing those images;
- Threatening to publish them (especially if used to obtain money or sexual favors).

On top of RA 9995, the threat component can be grave threats, and if money is actually obtained, robbery/extortion; if online, also cybercrime.

3. Cybercrime Prevention Act (RA 10175)

RA 10175 elevates penalties when crimes like threats, robbery, or libel are committed via:

Social media
Email
Messaging apps
Any computer system or network

So, “online blackmail/extortion” often falls under:

Grave threats or robbery, in relation to RA 10175;
Cyber libel;
Cyberviolence (in some contexts, especially with intimate images).

4. VAWC (RA 9262) and Safe Spaces Act (RA 11313)

If the offender is:

A husband, ex-husband, boyfriend, ex-boyfriend, live-in partner, or someone with whom you had a sexual or dating relationship, and
The threats are part of a pattern of psychological, emotional, or economic abuse (e.g., threats to leak nudes, to ruin reputation, to ruin employment) —

Then they may be liable under:

RA 9262 (Violence Against Women and their Children) for psychological or economic abuse; and/or
RA 11313 (Safe Spaces Act) for gender-based online sexual harassment.

These can be in addition to grave threats, robbery/extortion, or RA 9995 violations.

5. Grave Coercion

Grave coercion punishes anyone who prevents another from doing something not prohibited by law, or compels them to do something they have the right to refuse, by violence, threats, or intimidation.

Example:

“Sign this Deed of Sale transferring your lot to me, or I’ll accuse you of rape publicly.”

Here, aside from possible grave threats, the forced signing can also be grave coercion, and the Deed of Sale may be void for vitiated consent.

6. Extortion by Public Officers

If a public officer (police, barangay official, regulatory officer, etc.) demands money under threat of using their authority (e.g., arrest, closure of business), several crimes may be involved:

Robbery by intimidation (extortion)
Direct or indirect bribery
Illegal exactions (for collecting more or different money than authorized)
Anti-Graft and Corrupt Practices
Grave coercion

VIII. So, What Criminal Case Can You File?

You don’t have to know the exact technical charge — the prosecutor and your lawyer will refine this. But it helps to understand the usual patterns:

A. You are being threatened but have not paid or given in yet

Likely case(s) to explore:

Grave Threats
- If the threat is to commit a crime (e.g., publish defamatory matter, physical harm, damage property).
Light Threats or unjust vexation
- If the threatened act is not a crime but still abusive.
If online/sexual/relation-based:
- RA 9995, RA 9262, RA 11313, RA 10175 may also apply.

B. You have paid money or handed over property because of the threat

Likely case(s):

Robbery with Intimidation (Extortion)
- Because property was taken through fear;
Grave threats may still be charged for the threatening conduct itself;
Additional special laws if:
- Intimate images are involved (RA 9995);
- It happened online (RA 10175);
- It’s a domestic/romantic relationship (RA 9262 / RA 11313).

C. Threat to publish nude photos or sex video unless you pay / send more

Possible charges:

Grave Threats
Robbery with Intimidation (if you already paid)
RA 9995 (Anti-Photo and Video Voyeurism)
RA 10175 (if done online)
RA 9262 / RA 11313 depending on relationship and context
Possibly cyber violence, unjust vexation, or other related crimes.

D. Threat to file a criminal case or ruin your reputation unless you pay

Possible charges:

Grave Threats – if the threatened act is criminal (e.g., filing a false case, giving false testimony, libelous publications).
Robbery with Intimidation – if you actually paid.
Libel / Cyber Libel – if they do publish defamatory matter.
Grave coercion – if you were forced to sign something or act against your will.

E. Public officer demanding “grease money” under threat

Possible charges:

Robbery (extortion)
Direct/Indirect Bribery
Anti-Graft and Corrupt Practices
Grave coercion or other specific RPC provisions

Here, it’s vital to consult a lawyer or an appropriate government agency (e.g., Ombudsman, NBI, etc.) about entrapment operations and proper documentation.

IX. Where and How to File a Case

1. Collect and Preserve Evidence

For blackmail/extortion-type cases, evidence is everything:

Screenshots of chats, emails, social media messages
Call recordings (if lawfully obtained – be cautious about wiretapping laws)
Bank deposit slips or online transfer receipts
Witnesses who heard or saw the threats or payments
Any documents you were forced to sign
Copies of photos/videos used for threats (secure them carefully; include them only in legal channels to avoid further circulation)

Do not edit the original messages. Keep original devices or backups.

2. Report to Authorities

You can typically start with:

Local police station or
Specialized units (e.g., cybercrime divisions, women and children protection desks) or
NBI (especially for complex or cyber cases)

You will usually be asked to:

Give a detailed sworn statement (affidavit-complaint)
Attach supporting evidence (screenshots, printouts, receipts, etc.)

3. Barangay vs Direct to Prosecutor

Many criminal complaints (especially those with penalties not exceeding 1 year imprisonment or fines of ₱5,000 and below) first require Barangay conciliation under the Katarungang Pambarangay Law, if parties reside in the same barangay or nearby barangays.

However, blackmail/extortion scenarios often involve:

Penalties greater than 1 year; or
Parties from different cities/municipalities; or
Crimes that are not subject to barangay conciliation (e.g., offenses with serious penalties, offenses involving the government as a party, etc.)

In those cases, the complaint is usually filed directly before the Office of the City/Provincial Prosecutor.

4. Preliminary Investigation and Filing of Information

Once the complaint is filed:

The prosecutor may issue a subpoena to the respondent, requiring a counter-affidavit.
After evaluating submissions and evidence, the prosecutor will decide whether there is probable cause.
If yes, an Information is filed with the appropriate trial court, and a criminal case officially starts.
The court then issues a warrant of arrest (in many cases) or sets bail.

X. Possible Civil and Administrative Actions

Aside from the criminal case, you may also:

File a separate civil action for:
- Moral damages
- Exemplary damages
- Actual damages (the money or property you lost)
In some situations, the civil action is deemed instituted with the criminal case, unless you reserve your right to file it separately.

If a public officer is involved, there may also be:

Administrative cases (for suspension/dismissal) before the Ombudsman or relevant agencies.

XI. Practical Tips if You Believe You’re Being Blackmailed or Extorted

Do not panic.
- Emotional responses often lead to hasty payments without documentation.
Preserve EVERYTHING.
- Do not delete messages. Screenshot carefully. Back up phones and accounts.
Avoid negotiating alone if the threats are serious.
- Talk to a lawyer or, when appropriate, law enforcement, especially before setting up an entrapment or payment.
Do not retaliate illegally.
- Don’t hack their accounts, don’t issue your own threats, don’t spread their personal information — you might expose yourself to criminal liability.
Consult a lawyer as early as possible.
- A lawyer can help:
  - Identify the strongest charges;
  - Draft a clear affidavit;
  - Coordinate with authorities for controlled delivery, entrapment, or safe documentation.
Take care of your mental health.
- Blackmail/extortion is psychologically exhausting. Consider reaching out to trusted family, friends, or professionals for support.

XII. Summary

There is no standalone crime called “blackmail” in the Philippines; it is usually prosecuted as Grave Threats, Robbery with Intimidation (Extortion), or related offenses.
“Extortion” is a general term for obtaining money/property through threats or abuse of power, often punished as robbery under the Revised Penal Code.
The correct criminal case depends on the specific facts, particularly:
- The nature of the threat
- Whether the threatened act is itself a crime
- Whether money/property changed hands
- Whether it was online, involved intimate images, or was within a domestic/dating relationship
- Whether a public officer is involved
Commonly involved laws:
- Revised Penal Code – Grave Threats, Robbery with Intimidation, Grave Coercion, Libel, etc.
- RA 9995 – Anti-Photo and Video Voyeurism
- RA 10175 – Cybercrime Prevention Act
- RA 9262 – Anti-VAWC
- RA 11313 – Safe Spaces Act
- Anti-Graft laws for public officers

If you’re facing a real situation, the safest next step is to consult a Philippine lawyer with all your evidence (screenshots, receipts, etc.) so they can advise which specific criminal complaints to file and guide you through the process.