A Philippine legal article and practical doctrinal guide

Note: This article is for general legal education in the Philippine context. It summarizes existing laws, key concepts, and typical enforcement pathways.

I. Conceptual Overview

A. What “Extortion” Means in Philippine Law

Philippine statutes do not always use the single term “extortion” as a standalone crime. Instead, extortionate conduct is prosecuted through several offenses in the Revised Penal Code (RPC) and special laws, depending on how the demand, threat, or intimidation is carried out.

Core idea: Extortion is obtaining money, property, or an advantage through threats, intimidation, violence, or coercion.

Common Philippine-law equivalents include:

Robbery with intimidation or violence
Grave threats / light threats
Grave coercion
Other crimes where demand + threat is essential (e.g., kidnapping for ransom)

B. What “Harassment” Means in Philippine Law

Like extortion, “harassment” is not one single crime in Philippine law. Harassing behavior is addressed through:

Threats, coercion, unjust vexation, alarms and scandals (RPC)
Libel / slander / cyberlibel (RPC + RA 10175)
Sexual harassment, gender-based harassment, stalking-like conduct (special laws)
Violence against women and children (RA 9262)
Bullying and workplace/school rules (RA 10627, labor policies, school policies)

Core idea: Harassment is unwanted conduct that alarms, threatens, humiliates, coerces, or disturbs another, sometimes tied to a protected context (gender, school, workplace, intimate relationships, online spaces).

II. Extortion Under the Revised Penal Code

A. Robbery by Means of Violence or Intimidation (RPC Arts. 293–294)

Robbery becomes the most direct “extortion” analog when property is taken with intimidation against persons.

Elements (simplified):

Taking of personal property
Belonging to another
With intent to gain
With violence or intimidation of persons

Intimidation can be:

Threatening harm to the victim
Threatening harm to family
Threatening damage to property
Displaying weapons
Creating fear sufficient to compel surrender

Penalties: Vary depending on circumstances (use of weapons, injuries, number of perpetrators, nighttime, etc.). Robbery with intimidation can range from prisión correccional to reclusión temporal or higher if aggravated.

Practical examples:

“Give me ₱50,000 or I’ll stab you.”
“Pay up or your shop gets burned tonight.”

B. Grave Threats (RPC Art. 282)

This is a classic extortion vehicle when threats are used to demand something.

Elements:

Threatens another with the infliction of a wrong (crime, injury, damage)
Threat is serious and in writing or through a third person, or accompanied by certain conditions
Threat is made with a demand or condition, often involving money, property, or compliance

Key point: If the threat involves a future harm and is intended to compel payment or action, it often fits here.

Penalties: Depend on:

Whether the threatened act is a crime
Whether the threat is conditional
Whether the offender achieved the objective

C. Light Threats (RPC Art. 283)

Used where threats are less severe but still coercive.

Elements (broad):

Threat of harm not amounting to grave threats
With the intent to disturb or compel

Penalties are lighter than grave threats.

D. Grave Coercion (RPC Art. 286)

Extortion can be charged as coercion when someone is compelled to do something unwillingly, even without a direct property-taking.

Elements:

Prevents another from doing something not prohibited by law, or compels another to do something against their will
By means of violence, threats, or intimidation
Without authority of law

Examples:

“Sign this contract or I’ll ruin you.”
“Transfer the car to me or I leak your private photos.”

E. Unjust Vexation (RPC Art. 287, as applied)

Often used for persistent, annoying, humiliating acts that don’t fall neatly under threats/coercion.

Concept: A catch-all for conduct that causes irritation, annoyance, or distress without lawful reason.

Example: repeated anonymous intimidation calls intended to wear down a victim.

F. Kidnapping for Ransom and Related Crimes (RPC Arts. 267 etc.)

If the extortion is tied to detention, abduction, or deprivation of liberty, the crime escalates drastically.

Example: “Your child is with us. Pay ₱2M or else.”

Penalties can reach reclusión perpetua (life imprisonment) or higher.

III. Extortion Using Digital Means (Cyber Context)

A. Cybercrime Prevention Act (RA 10175)

RA 10175 does not create “cyber extortion” as a single label, but it:

Penalizes certain acts done through ICT, and
Raises penalties for crimes under the RPC when committed online.

Relevant cyber-enabled offenses:

Cyber threats / cyber coercion (RPC threats/coercion + online)
Cyberlibel (see harassment section)
Computer-related identity theft
Illegal access / data interference used for leverage
Online blackmail schemes using hacked data

Penalty rule: When a crime under the RPC is committed via ICT, penalty is typically one degree higher.

B. Online Sextortion / Image-Based Blackmail

These cases are commonly prosecuted under:

Grave threats / coercion (RPC)
RA 9995 (Anti-Photo and Video Voyeurism Act)
RA 10175 (if done online)
RA 9262 (if victim is a woman/child in covered relationships)

RA 9995 punishes:

Recording sexual acts without consent
Copying, selling, sharing, broadcasting private sexual materials
Threatening to release to force compliance

IV. Harassment Under the Revised Penal Code

A. Threats, Coercion, and Vexation

Many harassment cases are prosecuted through:

Grave threats / light threats
Grave coercion / light coercion
Unjust vexation
Alarms and scandals (RPC Art. 155) for public disturbance
Other public-order offenses

Typical harassment patterns:

Repeated threats to harm, expose, or shame
Persistent intimidation aimed to control behavior
Public humiliation tactics

B. Libel, Slander, and Defamation

Libel (RPC Art. 353) Public and malicious imputation of a discreditable act, condition, status, or circumstance.

Oral defamation / slander (RPC Art. 358) Spoken defamatory statements.

Cyberlibel (RA 10175) Libel committed through computer systems.

Harassment through false accusations, doxxing, or smear campaigns may fall here.

V. Harassment Under Special Laws

A. Safe Spaces Act (RA 11313)

A major Philippine statute addressing gender-based sexual harassment in:

Streets and public spaces
Workplace
Schools
Online spaces

Online harassment covered includes:

Sexual remarks, unwanted advances
Persistent unwanted messaging with sexual/gender hostility
Threats of sexual violence
Sharing sexual content to shame or control
Stalking-like conduct motivated by gender/sexuality

Penalties depend on severity, repetition, and harm.

B. Anti-Sexual Harassment Act (RA 7877)

Covers harassment in:

Workplace
Education/training
Authority-based environments

Key element: Harassment by a person who has authority, influence, or moral ascendancy over the victim, and the act affects dignity or creates a hostile environment.

C. Violence Against Women and Their Children (RA 9262)

If the victim is a woman or child and the offender is:

Husband/ex-husband
Boyfriend/ex-boyfriend
Person with whom she has a child
Person with whom she has (or had) a dating/sexual relationship

Then harassment/extortion can become:

Psychological violence
Economic abuse
Threats and intimidation
Stalking / harassment to control or punish

Powerful remedy: Protective orders:

BPO (Barangay Protection Order)
TPO (Temporary Protection Order)
PPO (Permanent Protection Order)

Even without physical harm, persistent harassment can qualify.

D. Anti-Bullying Act (RA 10627)

Applies in basic education settings.

Covers:

Physical bullying
Verbal bullying
Social/media bullying
Cyberbullying involving students

Schools are required to implement prevention, reporting, and discipline systems.

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

Harassment through:

Recording intimate images without consent
Sharing private sexual imagery
Threats to share as leverage

This law often overlaps with sextortion cases.

VI. Elements, Proof, and Evidence (Philippine Practice)

A. What Prosecutors Look For

For extortion/harassment, proof often focuses on:

The demand (money, property, act)
The threat/intimidation/coercion
The victim’s fear or compelled action
The offender’s intent
Actual taking or attempted taking (if robbery)

B. Common Evidence

Screenshots of chats, emails, texts
Call recordings (subject to rules on admissibility)
Witness affidavits
Bank transfers / e-wallet trails
CCTV or audio/video
Medical or psychological reports (RA 9262, Safe Spaces cases)
Device forensics (cybercrime)

Tip: preserve metadata when possible (original files, headers, timestamps).

VII. How Cases Proceed

A. Where to File

Depending on the facts:

Barangay (for some interpersonal disputes; not for serious/felonious extortion)
Police (PNP) or NBI
Cybercrime units if online
Prosecutor’s Office (City/Provincial Prosecutor) for inquest/preliminary investigation
Courts once information is filed

B. Preliminary Investigation

Most extortion/harassment cases (except those caught in flagrante) undergo:

Complaint-affidavit with evidence
Respondent’s counter-affidavit
Resolution on probable cause
Filing in court

C. Protection for Victims

Victims may seek:

Protection orders under RA 9262
School/workplace administrative remedies
Safe Spaces Act complaints
Civil damages in some cases

VIII. Penalties and Aggravating Factors

A. Aggravating Circumstances (RPC)

Penalties rise if:

Crime is done by a band
With weapons
At night / in dwelling
Against vulnerable persons
With abuse of authority
Habituality / recidivism

B. Cyber Penalty Increase

Using ICT to commit threats, coercion, libel, or voyeurism usually:

Raises penalty one degree
Adds separate cybercrime liability if other provisions are violated

IX. Defenses and Common Issues

A. Lack of Threat or Coercion

If the communication is not a real threat and no intimidation is proven, grave threats/coercion may fail.

B. Absence of Demand or Intent to Gain

Extortion-type charges typically need a demand or intent to gain/control.

C. Consent and Context

In voyeurism or harassment claims, defense may argue:

Consent to record/share
Context not amounting to harassment But consent must be clear, informed, and provable.

D. False Accusations / Counter-charges

Some cases become mutual complaints. Courts examine:

Credibility
Consistency of evidence
Digital trail authenticity

X. Practical Boundaries: What Is Not Extortion or Criminal Harassment

Not every unpleasant interaction is criminal. Generally not enough on its own:

Rude messages without threats
Single annoying act (often needs persistence)
Mere civil disputes (e.g., demanding legitimate debt without threats)
Opinion statements not defamatory in context

However, patterns and context can transform conduct into a crime.

XI. Related Civil and Administrative Remedies

Even if criminal thresholds aren’t met, victims may use:

Civil suits for damages (quasi-delict, defamation)
Workplace HR complaints (RA 7877, RA 11313)
School disciplinary processes
Protective orders (RA 9262)

These can run alongside criminal cases.

XII. Key Takeaways

Philippine law prosecutes extortion through robbery, threats, coercion, or ransom-related crimes, not via one universal “extortion” article.
Harassment is a legal umbrella, addressed by threats/coercion/vexation/defamation and by special statutes for gender-based, workplace, school, and relationship contexts.
Online extortion and harassment are treated more severely when ICT is used, with penalties often increased.
Special laws (RA 9262, RA 11313, RA 9995, RA 7877, RA 10627) provide targeted protection and remedies beyond the RPC.
Evidence preservation is crucial, especially for cyber-cases.

If you want, I can draft a shorter client-facing explainer, a case-flow chart, or a checklist of elements/evidence per offense.