Blackmail: Threatening to Expose Someone Unless Paid
Quick answer
Yes, what people call blackmail is a crime, even though the Revised Penal Code does not use that word. Threatening to publish something defamatory about a person or his family, or offering to keep it from coming out in exchange for money, is punished by Article 356 with arresto mayor (1 month and 1 day to 6 months) or a fine from ₱40,000 to ₱400,000, or both. A threat of a wrong that is itself a crime, made with a demand for money, is grave threats under Article 282. Posting private sexual photos or videos is a separate crime under Republic Act No. 9995.
What does Article 356 say?
Article 356, as amended by Republic Act No. 10951 (2017), reads:
The penalty of arresto mayor or a fine from Forty thousand pesos (P40,000) to Four hundred thousand pesos (P400,000), 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.
It punishes two acts:
- Threatening to publish a [libel](/law/glossary/libel) about the person or his parents, spouse, child or another family member.
- Offering to prevent the publication of such a libel "for a compensation or money consideration".
"Libel" has the meaning in Article 353: a public and malicious imputation of a crime, vice or defect, real or imaginary, or of any act, condition or circumstance that tends to dishonor or discredit a person. No Supreme Court ruling on Article 356 is explained on this page.
When is it grave threats instead?
When the wrong threatened is a crime. Article 282 punishes threatening another with any wrong amounting to a crime against his person, honor or property, or his family's. The penalty depends on whether there was a condition:
- The penalty next lower in degree than that- prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two (2) degrees shall be imposed.
If the threat was made in writing or through a middleman, the penalty is imposed in its maximum period. In Caluag v. People (2009), the Supreme Court said that whether the wrong threatened is a crime is what separates grave threats from the lighter kinds of threats. More on this is on the page on grave threats.
What if the threat is to post private photos or videos?
Republic Act No. 9995, the Anti-Photo and Video Voyeurism Act of 2009, applies to photos or videos of a sexual act or similar activity, and to images of a person's private parts taken without consent. Section 4 makes it a crime, among other acts, to copy or reproduce such a recording, to sell or distribute it, or to publish, broadcast, show or exhibit it through the internet, cellular phones and similar means. Section 4 also says the ban on copying, selling and publishing applies even if the person consented to the recording. Under Section 5, the penalty is imprisonment of 3 to 7 years and a fine of ₱100,000 to ₱500,000, or both, at the discretion of the court.
The law punishes the copying, sharing and posting. In a 2026 resolution, Verano v. People, the Supreme Court noted that uploading such a photo online falls under Section 4(d), the paragraph on publishing or showing, and not under the paragraph on copying. In that case, the threat was treated as part of the trafficking charge on which the accused was convicted, not as a separate crime of grave threats. Whether a threat alone, without posting, is a crime under another article depends on what was threatened and what was demanded.
How do the rules compare?
| Situation | Where the law deals with it | Penalty |
|---|---|---|
| "Pay me or I will post that you are a thief" (a false, defamatory accusation) | Article 356 | Arresto mayor or a fine from ₱40,000 to ₱400,000, or both |
| "Pay me and I will make sure the story is not published" | Article 356 | Same |
| "Pay me or I will burn your house" (a wrong that is a crime) | Article 282(1) | Computed from the crime threatened, one or two degrees lower |
| Copying, sharing or posting an intimate photo or video | Republic Act No. 9995, Sections 4 and 5 | 3 to 7 years and a fine of ₱100,000 to ₱500,000, or both |
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Mon messages a store owner: "Send me ₱30,000 or I will post that you sell fake goods." The accusation is false and would dishonor the owner if published. This is a threat to publish a libel under Article 356.
Lea tells a businessman that she can keep a damaging story off a local page if he pays her. Offering to prevent the publication of a libel for money is the second act in Article 356.
Carlo and his former partner recorded an intimate video with her consent. After they break up, Carlo threatens to send it to her family unless she pays, and later shares it in a group chat. Sharing it can be a crime under Republic Act No. 9995 even though she agreed to the recording. If the victim is a woman and the threat comes from a current or former partner, see also how to file a VAWC case.
What if the libel is actually posted?
Then libel itself may be committed. See libel penalty in the Philippines and, for posts online, cyber libel for a Facebook post. The lengths of arresto mayor and the other penalties are in Article 27.
What evidence matters in these cases?
Messages, screenshots, voice notes, the account or number used, and the names of people who saw the threat or the post are the facts a prosecutor looks at. The demand for money, or any other condition, is often what decides which article applies.
See also the question on posting private photos or videos without consent.
When do you need a lawyer?
Talk to a lawyer if someone is demanding money in exchange for not posting something about you, if private photos or videos were shared, or if you were accused of any of these acts. Which law fits depends on what was threatened, what was demanded and whether anything was posted. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Is blackmail a crime in the Philippines?
The Revised Penal Code does not use the word blackmail, but it punishes the acts. Article 356 covers threatening to publish a libel about someone, or offering to stop such a publication for money. Article 282 covers threatening a wrong that is a crime, with heavier penalties when money is demanded.
What is the penalty for threatening to expose someone unless paid?
Under Article 356, as amended by Republic Act No. 10951, the penalty is arresto mayor or a fine from ₱40,000 to ₱400,000, or both. If the threat is of a wrong amounting to a crime and money is demanded, Article 282(1) applies and the penalty is computed from the crime threatened.
Is threatening to post someone's private photos a crime?
Posting them can be. Republic Act No. 9995 makes it a crime to publish or show a photo or video of a sexual act or similar activity through the internet or cellular phones, even if the person agreed to the recording. The penalty is 3 to 7 years of imprisonment and a fine of ₱100,000 to ₱500,000, or both, at the court's discretion.
Is it a crime to ask for money to take down a post?
Article 356 punishes anyone who offers to prevent the publication of a libel for a compensation or money consideration. Whether the material would be a libel is judged under Articles 353 and 355.
Does the threat have to be about me personally?
No. Article 356 covers threats to publish a libel about the person threatened or about his parents, spouse, child or another member of his family. Article 282 also covers threats against the family.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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