Published — June 24, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading “The Crime of Blackmailing”, read also “Fraud Exception Principle”
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Blackmailing is equivalent to and synonymous with extortion.
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Blackmailing is done by obtaining of value from a person as a condition of refraining from making an accusation against him, or disclosing some secret calculated to operate to his prejudice.
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The gravamen of blackmailing is the intent to extort money or other thing of value.
Blackmail is defined as the extortion of money from a person by threats of accusation or exposure or opposition in the public prints, obtaining of value from a person as a condition of refraining from making an accusation against him, or disclosing some secret calculated to operate to his prejudice. (Malvar vs. Atty. Feir, A.C. No. 11871, March 5, 2018)
Jurisprudence says:
In common parlance and in general acceptation, it is equivalent to and synonymous with extortion, the exaction of money either for the performance of a duty, the prevention of an injury, or the exercise of an influence. Not infrequently, it is extorted by threats, or by operating on the fears or the credulity, or by promises to conceal or offers to expose the weaknesses, the follies, or the crime of the victim. (Pena vs. Aparicio, A.C. No. 7298, June 25, 2007) (emphasis supplied)
What crimes are committed in the act of blackmailing?
The possible crimes involving blackmailing include light threats and threatening to publish a libel.
The law says:
Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor. (Article 283, Revised Penal Code of the Philippines)
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rticle 356. Threatening to publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration. (Article 356, Revised Penal Code of the Philippines)
In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. (Erlinda Escolano vs. People of the Philippines, G.R. No. 226991, December 10, 2018) The elements of light threats include:
- The offender makes a threat to commit a wrong;
- The wrong does not constitute a crime;
- There is demand for money or that other condition is imposed, even though unlawful; and;
- The offender has attained or has not attained his purpose
Thus, if there is no threat to publish any libelous or slanderous matter against the offended party, the said act involves blackmailing.
On the other hand, in threatening to publish and offer to prevent such publication for a compensation, the punishable acts include:
- Threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; and
- Offering to prevent the publication of such libel for compensation, or money consideration.
Here, if there is such a threat to make a slanderous or libelous publication against the offended party, the said act does not involve blackmailing.
What are the corresponding penalties for the possible crimes involving blackmailing?
The laws says:
Light threats shall be punished by arresto mayor or imprisonment within the range of 1 month and 1 day to 6 months. (Article 283, Revised Penal Code of the Philippines)
Threatening to publish and offer to prevent such publication for a compensation shall be punished by:
Section 92. Article 356 of the same Act is hereby amended to read as follows:
“Art. 356. Threatening to publish and offer to prevent such publication for a compensation. – The penalty of arresto mayor or a fine from Forty thousand pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other member of the family of the latter, or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.” (Article 356, Revised Penal Code of the Philippines, as amended by Section 92 of Republic Act No. 10951)
Blackmail, therefore, in its metaphorical sense, may be defined as any unlawful extortion of money by an appeal to the fears of the victim, especially extortion of money by threats of accusation or exposure. Two words are expressive of the crime — hush money. The gravamen of the offense is the intent to extort money or other thing of value. The extortion is committed by obtaining property from another without his consent, induced by wrongful use of fear. The end is the same as in crimes against property, but the means employed are different. (United States vs. Eguia, G.R. No. L-13540, October 24, 1917)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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