Dear Atty. Kathy,
My friend, F, is being threatened by her ex-boyfriend, X. X has been telling F that X will release their intimate pictures and videos through a certain social media platform, unless F pays him P250,000 in cash. F did not mind X at first. However, X already posted some intimate pictures, although the privacy setting was the post can be viewed by X only. X has been telling F this time that he will set the privacy settings to public unless F pays up. F was then forced to pay the P250,000 demand of X to the latter because the release of the photos/videos will damage her relationships, work and reputation. I am worried for F because there is no assurance that X will not post the photos/videos or ask for more money. What case can F file against X?
Martha
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Dear Martha,
Article 293 and of The Revised Penal Code (As Amended) defines persons who are guilty of robbery, as any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything. Based on jurisprudence, robbery with violence against or intimidation of persons requires the following elements: (a) there is personal property belonging to another; (b) that there is unlawful taking of that property; (c) the taking is with intent to gain; and (d) there is violence against or intimidation of persons.
In your case, X demanded that F pay him P250,000 so that X will not release the intimate pictures/videos to the public. F was then forced to pay X the sum of money, or else, the intimate pictures/videos would be released and these would damage her relationships, work, and reputation. These circumstances fulfill the required elements of the crime of robbery with violence against or intimidation of persons.
Therefore, based solely on your narration, X may be held liable for the crime of robbery with violence against or intimidation of persons.
Atty. Kathy Larios