In the digital age, the unauthorized possession and threatened disclosure of private, intimate photos or videos—often termed "sextortion"—has become a prevalent form of criminal activity. In the Philippines, the legal system provides a robust framework to prosecute offenders and protect victims through a combination of traditional penal laws and modern cybercrime legislation.

I. Core Governing Laws

The prosecution of blackmail and extortion involving intimate media primarily rests on three major pieces of legislation:

1. The Revised Penal Code (RPC)

Article 294 (Robbery with Violence or Intimidation): If a person gains something of value through intimidation (the threat to release photos), it can be classified as robbery.
Article 282 (Grave Threats): Applicable when the offender threatens to cause a wrong amounting to a crime (e.g., defamation or physical harm) to extort money.
Article 286 (Grave Coercions): This applies when an individual, without authority of law, prevents another from doing something lawful or compels them to do something against their will (like sending more photos or money) through violence or intimidation.

2. Republic Act No. 9995: Anti-Photo and Video Voyeurism Act of 2009

This is the primary law protecting the privacy of intimate images. It prohibits:

Recording videos or taking photos of a person’s intimate parts or sexual acts without consent.
Distributing, publishing, or exhibiting such materials, even if the victim originally consented to the recording.
Penalty: Imprisonment of 3 to 7 years and a fine ranging from PHP 100,000 to PHP 500,000.

3. Republic Act No. 10175: Cybercrime Prevention Act of 2012

Because most blackmail occurs via social media or messaging apps, this law acts as a "force multiplier."

Section 6: All crimes defined in the Revised Penal Code, if committed through or with the use of information and communications technologies (ICT), carry a penalty one degree higher than those provided by the RPC.
This means "Cyber-Libel" and "Cyber-Extortion" carry significantly heavier prison sentences than their offline counterparts.

II. Related Special Laws

Depending on the circumstances and the relationship between the parties, other laws may apply:

R.A. 9262 (Anti-Violence Against Women and Their Children Act): If the perpetrator is a current or former partner, the threat to release photos constitutes Psychological Violence and Economic Abuse.
R.A. 7610 (Special Protection of Children Against Abuse): If the victim is a minor, the offense is elevated to child abuse and potentially child pornography (R.A. 9775), carrying life imprisonment in certain cases.

III. Legal Remedies and Actions

Victims of blackmail have several avenues for legal recourse:

1. Criminal Prosecution

The victim should file a formal complaint with the Philippine National Police (PNP) Anti-Cybercrime Group (ACG) or the National Bureau of Investigation (NBI) Cybercrime Division. These agencies have the technical capacity to trace IP addresses and preserve digital evidence.

2. Civil Action for Damages

Under the Civil Code of the Philippines (Article 26), every person is entitled to respect for their privacy and peace of mind. A victim can sue for moral damages (mental anguish), exemplary damages (to set an example), and attorney's fees.

3. Application for Protection Orders

If the case falls under R.A. 9262, the victim can apply for a Temporary Protection Order (TPO) or Permanent Protection Order (PPO) to prevent the perpetrator from contacting or approaching them.

4. Administrative Complaints

If the extortionist is a public official or a licensed professional (like a doctor or lawyer), administrative cases can be filed with the Ombudsman or the Professional Regulation Commission (PRC) to revoke their license.

IV. Evidentiary Requirements

To build a strong case, the following digital evidence must be preserved:

Screenshots: Capture the threats, the account profile of the offender, and the date/time stamps.
URL/Links: Copy the exact web links of the profiles or the platforms where the media was uploaded.
Transaction Records: If money was sent, keep receipts from banks, GCash, PayMaya, or remittance centers.
Communication Logs: Do not delete the chat threads. These serve as the "corpus delicti" or the body of the crime in cyber-extortion.

V. Key Jurisprudence and Principles

The "Consent" Fallacy: Under R.A. 9995, it is a common misconception that if a person consented to being photographed, they cannot complain about its distribution. The law explicitly states that distribution requires separate consent. Even if the photo was taken with permission, sharing it without permission is a crime.

The "Bouncing" Principle: In cybercrime, the case can be filed in the court of the city where the victim was located when the threat was received, or where the offender accessed the computer system. This provides victims with more flexibility in choosing a venue for filing.