What to Do About Online Sextortion in the Philippines: Filing a Cybercrime Case
This guide is written for victims, families, HR/school administrators, and counsel who need a single, Philippine-specific resource on online sextortion and how to bring a case. It is general information—not legal advice. When in doubt, work with a lawyer or directly with the PNP Anti-Cybercrime Group (ACG) or the NBI Cybercrime Division.
1) What counts as “online sextortion” under Philippine law?
“Online sextortion” is any threat to publish, share, or keep circulating sexual or intimate content (real or purported) unless the victim pays money, sends more images, performs sexual acts, or does something else demanded by the offender. It often starts with:
- A romance scam or catfishing, then a demand for money;
- A hacked account or stolen device, then a ransom;
- A former partner threatening to leak intimate images (“revenge porn”);
- Grooming of minors and demands for live sexual acts or more images.
Key offenses that typically apply
Depending on the facts, prosecutors may use one or several of these:
Cybercrime Prevention Act of 2012 (RA 10175): makes crimes committed through ICT punishable, and increases penalties by one degree for Revised Penal Code (RPC) and special-law offenses committed online. It also enables preservation/disclosure of computer data via court orders and specialized cybercrime warrants.
Revised Penal Code (RPC):
- Grave Threats / Grave Coercion—threatening harm (reputation included) to compel payment or acts;
- Robbery/Extortion by intimidation—when money or property is demanded through threats.
Anti-Photo and Video Voyeurism Act (RA 9995): prohibits taking and sharing/distributing private sexual images/videos without consent. Consent to record is not consent to share.
For minors:
- Anti-OSAEC and Anti-CSAEM Act (RA 11930) and Anti-Child Pornography Act (RA 9775): criminalize producing, possessing, distributing, or demanding sexual materials involving children and facilitating online sexual abuse/exploitation of children.
- Special Protection of Children (RA 7610) may also apply.
Anti-Violence Against Women and Their Children (RA 9262): covers psychological/economic abuse—including threats and online harassment—by a spouse/partner or former partner; allows protection orders.
Safe Spaces Act (RA 11313): penalizes gender-based online sexual harassment.
Data Privacy Act (RA 10173): when personal data (e.g., intimate images) are unlawfully processed or disclosed; administrative enforcement via the National Privacy Commission (NPC).
Other angles (fact-dependent): identity theft/forgery, unfair competition/defamation for deepfakes, unjust vexation, and civil torts (defamation, invasion of privacy).
Bottom line: Even when “sextortion” is not named as a single offense, prosecutors combine extortion/threat-based RPC crimes with RA 10175’s “done through ICT” rule; if intimate media is involved, RA 9995 almost always joins; if a child is involved, RA 11930/RA 9775 dominate the case.
2) Immediate steps if you’re being sextorted
Do not pay. Paying almost never ends demands and can escalate them.
Stop negotiating. Say nothing further to the offender; continuing chat can destroy evidence context.
Preserve evidence.
- Full-screen screenshots of chats (showing profile, handle, platform, timestamps).
- Screen recordings of the chat/profile and the threat(s).
- Links/URLs, group names, and any usernames/IDs, email addresses, phone numbers, or crypto/wallet addresses.
- Receipts (bank/e-wallet remittances), courier slips, load cards.
- If files were sent, save originals; do not edit/rename.
Secure your accounts/devices. Change passwords; enable 2FA; log out of unknown sessions.
Report the profile to the platform (FB, IG, TikTok, X, etc.) using their sexual exploitation/extortion category; ask friends not to engage with the offender.
If minors are involved: treat as child protection emergency—inform a parent/guardian, school protection committee, and law enforcement immediately.
3) Evidence rules (what stands in court)
Electronic evidence is admissible. Philippine Rules on Electronic Evidence allow printouts and digital copies if authenticity and integrity are shown (who captured them, when, how).
Best practice:
- Keep original devices; avoid deleting chat threads.
- Use built-in “download your data” exports.
- Keep hash values/file properties if available; note device model/OS/version.
- Maintain a simple chain-of-custody log (who handled what, when).
4) Where to file and who handles cyber-sextortion
- PNP Anti-Cybercrime Group (ACG): nationwide desks and the main office in Camp Crame; handles investigations, preservation requests, and applications for cybercrime warrants.
- NBI Cybercrime Division: parallel jurisdiction; often used where suspects are outside the victim’s locality or when specialized forensics are needed.
- City/Provincial Prosecutor’s Office: receives the Complaint-Affidavit with evidence for preliminary investigation, unless the suspect is arrested and the case proceeds by inquest.
- For child cases: Child Protection Units, WCPU (hospital-based), and LGU social workers coordinate with PNP/NBI; specialized OSAEC teams exist.
You can file with either PNP-ACG or NBI. They may endorse to the other agency or coordinate with the DOJ Office of Cybercrime and the prosecutor.
5) How to file a cybercrime complaint (step-by-step)
A. Prepare your Complaint-Affidavit
Include:
- Your identity and contact details (request confidentiality where appropriate).
- Clear timeline: first contact, sexual content creation/possession (if any), demand(s), threat(s), any payments, reporting steps.
- Offender identifiers: names/aliases, usernames, profile links, phone numbers, emails, wallet IDs, bank accounts.
- Elements of the crimes invoked: threats/coercion; use of ICT; non-consensual sharing/attempted sharing; involvement of a minor, etc.
- Harm suffered: mental anguish, reputational harm, financial loss.
- Prayer/relief sought: criminal prosecution; preservation orders; cybercrime warrants; takedown via court order; restitution; protective orders (if RA 9262).
Attach your Evidence Packet (see checklist below). Sign and notarize. If filing through law enforcement first, you’ll be guided on formatting and sworn statements.
B. File with PNP-ACG or NBI
- Bring 2–3 sets of the affidavit and all attachments on USB and printed form.
- Officers will receive, log, and may take additional statements.
- They’ll request you to execute consent to preserve data and will prepare endorsements to the prosecutor.
C. Law enforcement actions you can expect
- Data preservation requests to service providers (traffic/subscriber/content data are typically preservable for a statutory period upon request).
- Applications for court-issued cybercrime warrants (e.g., to disclose subscriber info, intercept traffic/content data, or search/seize/examine devices or accounts).
- Forensics: imaging of devices/accounts; correlation of IPs, logs, and money flows.
- Coordination with banks/e-wallets for account freezing/traceback (subject to bank secrecy/AML rules).
D. Prosecutor’s Preliminary Investigation
- The Complaint with evidence is filed; the respondent is issued subpoena with the complaint and annexes.
- The respondent files counter-affidavit; parties may file reply/rejoinder.
- The prosecutor resolves probable cause and files an Information in the proper court if warranted.
E. Court proceedings
- Arraignment and trial in the RTC (often a designated cybercrime/OSAEC court).
- Prosecutors can seek in-camera testimony and protective orders, especially for sexual content and child victims.
- Civil liability may be adjudicated with the criminal case (actual, moral, exemplary damages, attorney’s fees).
6) Jurisdiction, venue, and cross-border issues
- Venue: generally where any element occurred—where the threat was received, where money was sent, where images were distributed, or where a device/account used in the offense is located. In cyber cases, venue is flexible; prosecutors often allow filing in the victim’s residence if the threats were received there.
- Extraterritoriality: If either the victim is in the Philippines, the system/data is here, or the harm is here, authorities can still proceed and seek MLAT/international cooperation to identify and charge foreign offenders; platforms usually honor valid preservation/disclosure orders.
7) Special situations
A. If the victim is a minor
- Treat it under RA 11930/RA 9775. Production, possession, or distribution of child sexual abuse/exploitation material (even self-generated) is criminal when an adult induces or exploits the child.
- The child’s identity is confidential; proceedings use special child-friendly measures.
- Schools must activate their Child Protection Policy; social workers must be involved.
B. If the offender is/was your partner
- Consider filing under RA 9262 in addition to cybercrime charges. You can seek a Barangay Protection Order (BPO), Temporary Protection Order (TPO), or Permanent Protection Order (PPO) prohibiting harassment and online contact, plus custody, support, and residence relief when applicable.
C. Deepfakes and fabricated nudes
- If no actual recording exists, RA 9995 may or may not squarely apply. Still, prosecutors commonly pursue grave threats/coercion, defamation, unlawful processing under the Data Privacy Act, and online sexual harassment under the Safe Spaces Act, plus civil damages and writ of habeas data to compel deletion/blocking.
D. Content takedowns
- Platforms remove content via their policies upon report.
- Court orders are often required for persistent hosts; law enforcement can pursue these with your case. (Administrative “takedown” without due process has constitutional limits in the Philippines.)
8) Evidence Checklist (print this)
- Identity page (victim): full name, address (or request confidentiality), contact info.
- Incident timeline table with dates/times/timezone.
- Offender identifiers: links, usernames, emails, numbers, wallets, bank accounts.
- Chat transcripts (exports + screenshots showing handles and timestamps).
- Threat messages (highlight demand and threat).
- Any intimate images/videos (original files; do not alter metadata).
- Proof of non-consent (when applicable): prior messages, breakup context, etc.
- Payment proofs: bank/e-wallet receipts, tracking numbers.
- Platform reports and ticket IDs; bank/e-wallet complaint references.
- Device info sheet (phone/computer model, OS, app version); list of accounts compromised.
- Witness statements (if any).
- Mental health/medical notes and receipts (for damages).
9) Model Complaint-Affidavit (skeleton)
Title: People of the Philippines v. [Name/Unknown a.k.a. @handle] Offenses Invoked: Grave Threats/Coercion (RPC) in relation to RA 10175; Violation of RA 9995; [if minor: RA 11930/9775]; [if partner: RA 9262]; [others, as applicable].
Affiant’s Identity and Capacity (name, age, address; request for confidentiality and closed-door proceedings where appropriate).
Jurisdiction and Venue (threats received in ___ City; payment sent via ___; content distributed via ___).
Material Facts (chronological narrative; attach screenshots as Annex “A”, receipts as “B”, etc.).
Elements of the Offenses (map facts to each element; note use of ICT and non-consent).
Investigative Leads (usernames, URLs, phone numbers, IPs known, banks/wallets used).
Reliefs Sought
- Finding of probable cause and filing of Information(s);
- Preservation/disclosure/search warrants for accounts/devices;
- Orders to platforms/hosts to remove/disable access to the content;
- If partner: issuance of protection orders;
- Restitution and damages.
Verification and Certification of Non-Forum Shopping (if required).
Signature and Jurat (notarization; attach government-ID photocopy).
10) Practical FAQs
Q: Should I pay a small amount “to make it stop”? A: No. It rarely stops demands and marks you as compliant.
Q: Can I entrap the suspect myself? A: Do not organize meetups or “stings” without police. It’s risky and can endanger you and the case.
Q: The offender is abroad. Is filing useless? A: No. Accounts and money trails can be preserved; platforms and financial services respond to lawful orders; international assistance is routine in cybercrime.
Q: Will my name be exposed publicly? A: Prosecutors can request protective measures (redactions, in-camera testimony). Child identities are strictly confidential. In partner-abuse cases, protection orders also restrict further contact and harassment.
Q: How fast do I need to act? A: Immediately. Data at platforms and e-wallets is time-sensitive. Statutes of limitations exist; filing early helps preservation and venue.
11) Parallel/Supportive Remedies
- National Privacy Commission complaint (DPA) for unlawful processing/disclosure.
- Writ of Habeas Data to compel a person/entity to delete/stop processing your intimate data.
- Civil action for damages (can be joined with the criminal action).
- Workplace/school measures: crisis comms, HR or guidance counseling interventions, rumor control, and victim support.
12) Do’s and Don’ts (quick reference)
Do:
- Keep everything; export chats; save receipts; record threats; report to platform/bank; file promptly.
- Ask law enforcement to issue preservation requests immediately.
- Seek counseling; document treatment for damages.
Don’t:
- Pay; bargain; threaten back; share more images; delete chats; hand over your device to anyone but authorities/counsel.
13) Contact pathways (what to say when you walk in)
When you approach PNP-ACG or NBI:
- “I am filing a cyber extortion/sextortion complaint. Here is my Complaint-Affidavit and evidence packet. I request data preservation, disclosure, and search/seizure warrants as needed, and coordination with [platform/bank/e-wallet]. If the suspect is my former partner, I also seek relief under RA 9262.”
14) Closing note
Online sextortion prosecutions in the Philippines succeed when victims act early, preserve evidence, and use the right legal hooks. Pair the RPC threats/extortion/coercion theories with RA 10175’s “committed through ICT” rule, add RA 9995 for non-consensual sexual imagery, and invoke child-protection laws or VAWC where applicable. The law and the procedures are on your side—use them.
If you want, I can tailor a ready-to-file Complaint-Affidavit and a labeled evidence index using your facts (names redacted).