In the digital landscape of the Philippines, "sextortion"—the practice of extorting money or favors by threatening to reveal private or intimate images/videos—is treated with severe legal gravity. While the term itself is a portmanteau, the acts it comprises are prosecuted under a sophisticated web of Republic Acts and the Revised Penal Code.
I. Applicable Philippine Laws
Sextortion is not defined under a single statute but is addressed by several laws depending on the nature of the threat and the relationship between the parties.
- R.A. 10175 (Cybercrime Prevention Act of 2012): This is the primary law. It penalizes Computer-related Identity Theft and Cyber-Libel. Crucially, Section 6 provides that any crime defined under the Revised Penal Code (like Extortion or Grave Threats) shall be imposed a penalty one degree higher if committed through information and communications technologies.
- R.A. 9995 (Anti-Photo and Video Voyeurism Act of 2009): This law criminalizes the recording, reproduction, or distribution of sexual acts or a person's "private areas" without consent. It applies even if the person originally consented to the recording but did not consent to its distribution.
- R.A. 11313 (Safe Spaces Act): Also known as the "Bawal Bastos" Law, it penalizes Gender-Based Online Sexual Harassment, which includes uploading or sharing without consent any form of media that contains photos, voice, or video with sexual content.
- R.A. 9262 (Anti-Violence Against Women and Their Children Act): If the perpetrator is a current or former intimate partner, the act is classified as Psychological Violence and carries specific protections like Protection Orders.
- Revised Penal Code (RPC): Acts of Grave Threats (Article 282) and Robbery (Extortion) (Article 294) are the traditional bases for prosecution.
II. Immediate Steps for Evidence Preservation
In cybercrime litigation, the integrity of digital evidence is paramount. If you are targeted on a messaging app (WhatsApp, Telegram, Messenger, or Viber), follow these protocols before the perpetrator deletes the trail:
- Do Not Delete the Chat: While it is tempting to delete the conversation out of fear, doing so destroys the forensic trail.
- Capture Full Screenshots: Ensure screenshots include the perpetrator's profile (including unique User IDs/handles), the specific threats made, any payment instructions (e.g., GCash/Maya numbers), and the timestamps.
- Document Metadata: If files were sent, do not forward them (as this can alter metadata). Keep the original device used to receive the messages.
- Cease Communication Immediately: Do not pay. In the Philippine context, payment identifies the victim as a "viable target," often leading to escalated demands rather than the deletion of the material.
III. Where and How to Report
The Philippines has three primary agencies dedicated to handling these cases. Victims may approach any of them:
| Agency | Focus | Contact Channels |
|---|---|---|
| PNP Anti-Cybercrime Group (PNP-ACG) | Immediate investigation and entrapment operations. | Hotline: (02) 8723-0401 loc 7403 |
Viber/SMS: 0917-847-5757
Walk-in: Camp Crame, Quezon City |
| NBI Cybercrime Division (NBI-CCD) | Complex forensic tracking and international cooperation. | Hotline: (02) 8523-8231 to 38
Email: ccd@nbi.gov.ph
Walk-in: NBI Main Office, Taft Avenue, Manila |
| DOJ Office of Cybercrime (OOC) | Legal prosecution and international Mutual Legal Assistance. | Email: cybercrime@doj.gov.ph |
Note on the 1326 Hotline: The Cybercrime Investigation and Coordinating Center (CICC) operates a dedicated 24/7 "Inter-Agency Response Center" via the 1326 hotline specifically for reporting online scams and cyber-extortion.
IV. Technical Mitigation on Messaging Apps
Messaging apps operate under specific Terms of Service that can be leveraged to disable the perpetrator's account:
- Telegram/WhatsApp Reporting: Use the internal "Report" function for "Harassment" or "Illegal Content." This sends the most recent messages to the platform's moderation team for review.
- StopNCII.org: This is a globally recognized tool endorsed by various digital rights groups. It allows victims to create a "hash" (a digital fingerprint) of their intimate images on their own device. This hash is shared with participating platforms (Meta, TikTok, etc.) to automatically detect and block the images from being uploaded, without the platforms ever seeing the original file.
V. Penalties and Jurisprudence
The penalties for these crimes are substantial and are often cumulative.
- R.A. 9995: Imprisonment of 3 to 7 years and a fine of ₱100,000 to ₱500,000.
- R.A. 10175: Penalties are generally one degree higher than the RPC. For instance, if an act is punished with Prision Mayor (6 to 12 years), the "Cyber" version may result in Reclusion Temporal (12 to 20 years).
Under the Rules on Electronic Evidence, screenshots are admissible in Philippine courts as functional equivalents of original documents, provided they are properly authenticated during the trial.
VI. Filing a Formal Complaint
To initiate a criminal case, a victim must file a Complaint-Affidavit. This document should be sworn before a prosecutor or a person authorized to administer oaths. It must detail:
- The circumstances of how the perpetrator obtained the material.
- The exact nature of the threat or demand.
- The specific platform used and the account identifiers.
- The emotional and psychological impact (necessary for claiming moral damages).