In the Philippines, the Revised Penal Code (RPC) provides a robust framework for penalizing crimes against property and liberty, specifically addressing the coercive nature of blackmail and extortion. While "blackmail" is the colloquial term often used, the RPC categorizes these acts under Extortion (Robbery) and Unjust Vexation, or more specifically, under the provisions for Threats.
1. Statutory Basis: Extortion as Robbery
Under Philippine law, extortion is generally prosecuted as a form of Robbery under Article 294 of the RPC. This occurs when a person, with intent to gain, takes personal property belonging to another by means of violence against or intimidation of persons.
- Intimidation: This is the core of extortion. It involves creating a fear of injury to the person, reputation, or property of the victim or their family.
- Consummation: The crime is considered robbery/extortion the moment the victim hands over property or money due to the fear instilled by the perpetrator.
2. Blackmail under "Threats"
What is commonly understood as "blackmail"—the threat to expose a secret or a defamatory fact unless money is paid—is specifically governed by Article 282 (Grave Threats) and Article 283 (Light Threats).
Grave Threats (Article 282)
This applies when a person threatens another with the infliction of a wrong amounting to a crime (e.g., "I will kill you" or "I will burn your house").
- With a Condition: If the threat is made demanding money or imposing a condition, and the offender attains their purpose, the penalty is higher.
- Blackmail Provision: Specifically, if the threat consists of a demand for money or other conditions, even if the act threatened does not constitute a crime (like revealing a secret), it is still punishable under this article.
Other Light Threats (Article 285)
Blackmail often falls under the specific provision of Article 285, which penalizes:
- Threatening to publish a libelous writing or a secret affecting the honor of another.
- Offering to prevent the publication of such for a consideration (hush money).
3. The Elements of the Offense
To successfully prosecute these acts, the following elements must typically be present:
- The Threat: a communication (verbal or written) of an injury to be inflicted.
- The Demand: an insistence on money, property, or a specific action/omission.
- Fear/Coercion: The victim must be placed in a position where their willpower is overborne by the threat.
4. Legal Remedies and Procedural Steps
Victims of blackmail or extortion in the Philippines have several avenues for redress:
Filing a Criminal Complaint
The victim should file a sworn statement (Affidavit-Complaint) with the Office of the City Prosecutor or the National Bureau of Investigation (NBI).
- Anti-Cybercrime Law (R.A. 10175): If the blackmail occurs online (e.g., "sextortion" or threats via social media), the penalties are increased by one degree under the Cybercrime Prevention Act of 2012.
Entrapment Operations
The most effective way to secure a conviction is through a coordinated entrapment operation conducted by the PNP (Philippine National Police) or the NBI. Unlike "instigation" (which is illegal), entrapment involves the police catching the perpetrator in the act of receiving the marked money.
Civil Liability
Under Article 100 of the RPC, every person criminally liable is also civilly liable. A victim can seek:
- Restitution: Return of the extorted property/money.
- Moral Damages: For the mental anguish and anxiety suffered.
- Exemplary Damages: To set a public example against such predatory behavior.
5. Summary Table of Penalties
| Crime Type | RPC Article | Key Characteristic |
|---|---|---|
| Robbery (Extortion) | Art. 294 | Taking property through intimidation/violence. |
| Grave Threats | Art. 282 | Threatening a crime with a condition/demand. |
| Light Threats | Art. 283 | Threatening a wrong not amounting to a crime. |
| Blackmail | Art. 285 | Threatening to reveal secrets for money. |
| Cyber-Extortion | R.A. 10175 | Any of the above committed via the internet. |
6. Important Considerations
- Preservation of Evidence: Victims must preserve screenshots, recordings, and transaction receipts. Under the Rules on Electronic Evidence, digital communications are admissible in Philippine courts.
- The "Clean Hands" Doctrine: Even if the threat involves exposing a true secret (e.g., an extra-marital affair), the act of demanding money to keep it quiet is still a crime. The truth of the "secret" does not justify the extortion.