Article 356 of the Revised Penal Code: Threatening to publish for money
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 356 say?
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.
What does it mean in plain language?
Article 356 punishes two acts that people often call blackmail: threatening another person to publish a libel about him or his family, and offering to prevent the publication of a libel in exchange for money. The penalty is arresto mayor (1 month and 1 day to 6 months) or a fine from ₱40,000 to ₱400,000, or both.
The article 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.
The comma in "such, libel" is printed that way in the official text.
How does it work in real life?
Mon: "pay or I post it"
Mon messages a store owner: "Give me ₱50,000 or I will post that you sell fake goods and cheat your customers." The accusation is false and would dishonor the owner if published. This is a threat to publish a libel, which is the first act in Article 356.
Lea: a page that can "hold" a story
Lea runs a local news page. She tells a businessman she has a damaging story about his son and offers not to post it if he pays her. Offering to prevent the publication of a libel for money is the second act.
Ronald: threats about the family
Ronald tells his neighbor he will spread a written accusation that the neighbor's wife is a thief unless the neighbor drops a barangay complaint. The article covers threats about the threatened person's spouse. Because he asked for something in return, grave threats under Article 282 may also be considered.
What does this mean in practice?
- Lengths of the penalties. Arresto mayor runs from 1 month and 1 day to 6 months (Article 27).
- If the libel is actually published. That can be libel itself; see libel penalty in the Philippines and cyber libel for Facebook posts.
- Threats in general. See grave threats.
- See also the question on blackmail by threat to expose and the question on posting private photos or videos without consent.
What are the two acts the article punishes?
- Threatening to publish a libel. A person threatens another that he will publish a libel about him, or about his parents, spouse, child or another member of his family.
- Offering to prevent a publication for pay. A person offers to stop the publication of such a libel in exchange for "a compensation or money consideration".
The second act does not need a threat in words. Offering to keep a libel from coming out, for money, is enough under the text.
What counts as a libel here?
The article refers to "a libel", which is defined elsewhere in the Code. Article 353 defines libel as 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. Article 355 lists the means, such as writing, printing, radio and similar means. Whether the threatened publication would be a libel is judged under those articles. No Supreme Court ruling on Article 356 is explained on this page.
How is it different from grave threats?
Article 282 punishes threatening another with any wrong amounting to a crime against his person, honor or property or his family's, with heavier penalties when the offender demands money or sets a condition. Article 356 is specific to threats to publish a libel and to offers to stop one for money. Which article fits the facts is decided by the prosecutor and the court.
What if the threat is to post private photos or videos?
That can fall under a special law. Republic Act No. 9995, the Anti-Photo and Video Voyeurism Act of 2009, makes it a crime, among other acts, to copy, sell, publish or show a photo or video recording of a sexual act or similar activity. Section 4 says the prohibition on copying, selling and publishing applies even if the person consented to the recording.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fine. The original 1930 text, still printed on the Supreme Court E-Library, set a fine of 200 to 2,000 pesos. Today it is ₱40,000 to ₱400,000. The prison penalty, arresto mayor, did not change, and the court may still impose the fine, the prison term, or both.
Frequently asked questions
Is blackmail a crime in the Philippines?
The Revised Penal Code does not use the word blackmail. Article 356 punishes threatening another person to publish a libel about him or his family, and offering to prevent such a publication in exchange for money. Threats to commit a crime unless paid can also be grave threats under Article 282.
What is the penalty under Article 356?
As amended by Republic Act No. 10951, arresto mayor (1 month and 1 day to 6 months) or a fine from ₱40,000 to ₱400,000, or both.
Is it a crime to ask for money to take down or not post a story?
Article 356 punishes anyone who offers to prevent the publication of a libel for a compensation or money consideration. Whether the story would be a libel is judged under Articles 353 and 355.
Does the threat have to be about the victim himself?
No. The article covers a threat to publish a libel concerning the person threatened or his parents, spouse, child or other member of his 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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