Below is a comprehensive, general-information overview on the topic of blackmail and unauthorized video recording under Philippine laws. It references relevant statutes, key provisions, and legal principles. Please note that this discussion is for informational purposes only and does not substitute for professional legal advice. If you need specific guidance, consult a qualified attorney.

1. Blackmail in Philippine Law

1.1 Nature and Definition

“Blackmail” is not explicitly named as such under Philippine law. Instead, the underlying behaviors or acts commonly associated with blackmail—namely, demanding money or other benefits in exchange for withholding or not publishing damaging information—may fall under several offenses in the Revised Penal Code (RPC), most notably:

Grave Threats (Articles 282–283 of the RPC)
Light Threats (Article 285 of the RPC)
Robbery and Extortion (Robbery with Intimidation) (Articles 293–298 of the RPC)
Grave Coercion (Article 286 of the RPC)

In practice:

If the threat is to cause an unjust harm to a person’s honor, property, or personal safety—unless the victim hands over money or other material gains—it can be considered Grave Threats.
If property or money is taken by means of threats or intimidation, it may be treated as Robbery (Extortion).
The label “blackmail” may be used colloquially, but prosecutors typically file charges under these existing criminal provisions.

1.2 Key Legal Provisions

Grave Threats (Article 282, RPC)
- A person commits Grave Threats when they threaten another with a crime, intending to extort money or compel the victim to do something against their will.
- Penalty: Depending on the specifics, it may range from arresto mayor (imprisonment of one month and one day to six months) to prisión correccional (six months and one day to six years), or higher penalties if accompanied by actual extortion.
Light Threats (Article 285, RPC)
- Involves threats of minor harm or any act not constituting a crime but intended to intimidate or coerce the victim.
- Generally penalized by arresto menor or fines.
Grave Coercion (Article 286, RPC)
- Occurs when a person compels another to do something against his will (if it is not a crime), either by force or intimidation.
- Penalty: Prisión correccional (six months and one day to six years).
Robbery/Extortion (Articles 293–298, RPC)
- Specifically refers to taking personal property, with intent to gain, by using intimidation or force.
- Often referred to as “robbery with intimidation” or “extortion” when threats are involved.
- Penalties can reach up to prisión mayor (six years and one day to twelve years) depending on aggravating circumstances.

1.3 Blackmailing with Unauthorized Recordings or Threat of Exposure

If a person uses video footage or images (e.g., intimate photos, sensitive recordings) to threaten another, demanding money or compliance, it can be prosecuted under:

Grave Threats (for the act of threatening harm to reputation), or
Robbery/Extortion (if done for financial gain),
Possibly in conjunction with violations of the Anti-Photo and Video Voyeurism Act (if the material was obtained or used illegally).

2. Unauthorized Video Recording

2.1 Legal Framework

There are two major laws that commonly come into play regarding unauthorized video recording in the Philippines:

Republic Act No. 9995 (Anti-Photo and Video Voyeurism Act of 2009)
- Punishes taking, copying, reproducing, selling, distributing, publishing, or broadcasting certain images or videos without consent.
- Generally focuses on photos or videos depicting sexual acts or private body parts, taken without consent or distributed without consent.
Republic Act No. 4200 (Anti-Wiretapping Law)
- Covers unauthorized recording of private communications or conversations, though it is primarily concerned with audio or electronic eavesdropping.
- Video recording can also be implicated when audio is captured without consent.

2.2 Anti-Photo and Video Voyeurism Act (RA 9995)

Scope
- Criminalizes the act of recording videos or capturing images of a person’s intimate parts or sexual act without consent.
- Also penalizes the copying, reproduction, distribution, or broadcasting of such images or recordings.
- Consent to record is not the same as consent to distribute. Thus, even if a person consents to be filmed, distributing that video without their further consent can still be a crime.
Criminal Acts Under RA 9995
- Photo or video coverage of sexual acts or private areas without consent, in a lewd or indecent manner.
- Publication or broadcasting of sexual or intimate images without consent.
- Selling or distribution of such materials.
- Possession of such materials with intent to sell or distribute.
Penalties
- Imprisonment of up to seven (7) years and fines of up to Five Hundred Thousand Pesos (₱500,000).
- Maximum penalty if the victim is a minor or if the offender is in a relationship of trust with the victim.

2.3 Anti-Wiretapping Law (RA 4200)

Scope
- Prohibits the tapping of any wire or cable, or using any device to secretly overhear, intercept, or record private communications without consent from all parties involved.
- Violation extends to unauthorized disclosure of any private communication so intercepted.
Penalties
- Imprisonment ranging from six (6) months to six (6) years, or both imprisonment and a fine of up to Six Thousand Pesos (₱6,000).
- The law is strict; only law enforcement with a valid court order can conduct authorized surveillance under specific conditions.

2.4 Data Privacy Act of 2012 (RA 10173)

While primarily focused on personal information processing by organizations, unauthorized video recordings (especially if used to collect or store personal data) could violate privacy rights under the Data Privacy Act.
Violations include unauthorized collection, storage, or disclosure of personal and sensitive personal information.

3. Combining Blackmail and Unauthorized Video Recording

3.1 Common Scenarios

A perpetrator records a private or sexual video without the subject’s consent (or obtains it illicitly). Then the perpetrator threatens to release or publish the video online unless the victim pays money or performs certain acts. Under Philippine law, this scenario may give rise to multiple charges, including:

Grave Threats or Robbery with Intimidation (Extortion)
- For demanding money or compliance under the threat of releasing the video.
Violation of RA 9995 (Anti-Photo and Video Voyeurism Act)
- If the video is sexual or involves intimate content obtained or shared without consent.
Violation of the Data Privacy Act or RA 4200
- If the unauthorized recording involves intrusion into private communication or the illegal collection of personal data.

3.2 Aggravating Factors

Involvement of minors.
Recording done by a trusted person (e.g., spouse, partner, guardian, employer).
Large-scale or commercial distribution of the images or videos.
Threatening behavior involving violence or more serious harm.

4. Filing a Complaint and Remedies

4.1 Criminal Complaints

Victims may file a complaint before:

The Philippine National Police (PNP) or the National Bureau of Investigation (NBI) for investigation.
The Office of the City or Provincial Prosecutor for preliminary investigation.

Evidence is crucial. This includes:

Copies of the threats (text messages, emails, chats).
The unauthorized videos or images (if safely obtainable).
Witness statements.

4.2 Civil Liabilities

Beyond criminal liability, perpetrators may be liable for:

Moral damages for emotional harm and reputational injury.
Nominal damages if actual losses are proven.
Exemplary damages if the act is found to be wanton or malicious.

4.3 Protection Orders and Injunctions

In certain circumstances (especially in cases involving intimate partners or domestic relationships), a victim may seek:

Temporary Protection Orders (TPO), if it is a case involving Violence Against Women and Children (VAWC) under RA 9262.
Injunctions to prohibit the release or continued sharing of illicit content.

5. Practical Considerations for Victims

Preserve Evidence
- Save and secure messages, recordings, or any communications that demonstrate threats or unauthorized recordings.
Immediate Reporting
- Promptly report the incident to law enforcement and consider consulting legal counsel.
Digital Security
- Change passwords, enhance privacy settings, and be cautious about suspicious links or phishing attempts, as perpetrators may try to obtain more compromising material.
Seek Support
- Emotional distress can be severe. Consider reaching out to support groups, psychological services, or family and friends for assistance.

6. Conclusion

In the Philippines, “blackmail” per se is not a single, specific crime under that name, but threats, coercion, or extortion fall under provisions of the Revised Penal Code. Meanwhile, unauthorized video recording—especially concerning sexual content or private circumstances—is strictly regulated by the Anti-Photo and Video Voyeurism Act and, under certain conditions, by the Anti-Wiretapping Law or Data Privacy Act. Combining blackmail with unauthorized recordings can trigger multiple criminal charges, each carrying serious penalties.

Key Takeaways:

Blackmail typically manifests legally as Grave Threats, Light Threats, Grave Coercion, or Robbery/Extortion under the RPC.
Unauthorized video recording, especially of intimate content, is punishable under RA 9995 (Anti-Photo and Video Voyeurism Act).
Threats to release private videos, if done to extort money or secure compliance, can be charged under both the Revised Penal Code and RA 9995.
Victims should preserve evidence and report promptly to law enforcement.
In cases of potential harm or exploitation, it is critical to seek legal counsel for proper guidance and representation.

Disclaimer: The above discussion is not legal advice. For definitive counsel on specific cases, always consult a licensed Philippine attorney with expertise in criminal law, privacy law, and related fields.