Understanding Cyber Extortion

In a recent high-profile entrapment operation by the National Bureau of Investigation, several individuals were arrested for allegedly demanding hundreds of millions of pesos in exchange for withholding the publication of damaging information against a public official. Authorities stated that charges for robbery-extortion in relation to the Cybercrime Prevention Act of 2012 will be filed against the individuals involved. With this issue

making headlines, it is a good opportunity to examine how crimes such as extortion may give rise to increased criminal liability when committed through information and communications technology (ICT).

What is Extortion?

Definition

Extortion is commonly defined as the act of obtaining something, especially money, through force, intimidation, or threats. The Revised Penal Code of the Philippines does not use the term ‘extortion’ to punish the unlawful act obtaining personal property through intimidation or threat, rather it defines the act as Robbery (Article 293) which provides, “any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery.” 

The elements of robbery are:

1. There is personal property belonging to another;

2. The personal property was unlawfully taken;

3. The taking was made with intent to gain; and

4. The taking was made by means of violence or intimidation of any person, or using force upon anything.

The Supreme Court, in many of its cases, has treated extortion as robbery with intimidation when the victim is compelled to part with money due to threats.

Unlawful taking 

A core element of robbery with intimidation is the unlawful taking of personal property, which means that the offender takes the money or personal property without the consent of the owner. Even if the victim hands over the money or property, the taking is still unlawful because the victim’s consent is vitiated by fear or intimidation. 

In taking the object, it is not necessary that the offender was able to take away or dispose of the object. The unlawful taking is consummated once the property is take from the owner, even if it was taken only for a short period of time. The important thing to remember is that once the offender gains possession of the property, the element of taking is considered complete.

Intent to gain

Another important element is the intent to gain, otherwise known as animus lucrandi. Intent to gain is presumed from the taking of the property of another. It is an internal act which can be proved through the acts of the offender. For example, the act of taking a victim’s wristwatch by an offender while another piked a knife behind the victim sufficiently gives rise to the presumption of intent to gain. 

Intimidation

Intimidation exists when the offender’s threats or conduct instills fear in the victim sufficient enough to compel the victim to give up their property. It may involve direct threats of physical harm, injury, public humiliation, or abuse of authority by private or public officials. 

RA 10175 in relation to Extortion

In today’s digital landscape, extortion is no longer confined to traditional face-to-face encounters with the victim. R.A. No. 10175, as a special penal law, recognizes that offenders may utilize computers, mobile phones, and online platforms in order to commit crimes. Recognizing the vast reach, speed, and susceptibility of ICT to commit crimes, R.A. No 10175 was enacted to safeguard, prevent, and combat offenses perpetrated through or by means of modern communication technologies.

In particular, Section 6 of R.A. No. 10175 provides that, “All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, that the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.”

As applied in our present case, the penalty of imprisonment imposed by the Revised Penal Code for extortion ranging from 4 years, 2 months, and 1 day to 8 years,  will be increased to 10 years and 1 day to 17 years and 4 months.

In conclusion, individuals, media personalities, and public officials alike must exercise diligence when communicating within the digital space and must remain aware that online threats, coercive demands, and digital intimidation may give rise not only to public controversy, but also to serious criminal liability under the law.

1. People v. Reyes, G.R. No. 135682, March 26, 2003

2. Prisión correccional in its maximum period to prison mayor in its medium period in other cases.

3 . Prisión mayor in its maximum period to reclusión temporal in its medium period.

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