Below is a comprehensive discussion of the laws, legal principles, and remedies related to criminal liability for threatening to release intimate images under Philippine law. It is intended for informational purposes and does not constitute legal advice.

1. Overview of the Relevant Laws

Several Philippine statutes directly or indirectly address the issue of threatening to release intimate images. The principal laws include:

Republic Act No. 9995 (Anti-Photo and Video Voyeurism Act of 2009)
Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
Republic Act No. 11313 (Safe Spaces Act or “Bawal Bastos” Law)
Revised Penal Code (RPC) – specifically on grave threats, coercion, and extortion, where applicable.

Each law may overlap to some extent, depending on the factual circumstances of the case (e.g., how the images were obtained, the nature of the threat, the relationship between the parties, and the involvement of electronic means).

2. Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995)

2.1. Scope and Purpose

R.A. 9995 was enacted to protect a person’s privacy, particularly against the unauthorized capture, possession, or sharing of images or videos showing a person’s private area, sexual act, or both, and to penalize those who threaten to distribute or publish such images to harass, extort, or coerce.

2.2. Key Prohibited Acts

Section 4 of R.A. 9995 lists the following prohibited acts:

Capturing an image or video of a person’s private area or sexual act without consent.
Copying or reproducing the content with or without consideration.
Selling, offering, publishing, broadcasting, or distributing the content without consent.
Threatening to distribute images or videos of a person’s private area or sexual act with the intention to extort, coerce, or harass.

The law emphasizes that both the act of distributing and the act of threatening to distribute are punishable.

2.3. Penalties

Violations under R.A. 9995 are penalized with:

Imprisonment of three (3) years to seven (7) years
A fine of PHP 100,000.00 to PHP 500,000.00

2.4. Consent and Confidentiality

One critical aspect is whether the content was recorded or possessed with consent. Even if the images or videos were initially taken with the subject’s consent (e.g., during a consensual relationship), any subsequent threat to distribute those images without the subject’s consent may be prosecuted under R.A. 9995.

3. Cybercrime Prevention Act of 2012 (R.A. 10175)

3.1. Relevance to Threatening Conduct

R.A. 10175 covers offenses committed through information and communications technology. While it primarily targets crimes such as hacking, cybersex, and cyberlibel, it can also come into play when the threat to release intimate images is done online (e.g., via social media, email, messaging apps).

3.2. Relation to R.A. 9995

If the threat or actual release of intimate images is committed using a computer system, R.A. 10175 can aggravate or add charges. Typically, prosecutors will file charges under both R.A. 9995 (for the voyeurism aspect) and R.A. 10175 (for using the internet or electronic devices) if the facts so warrant.

4. Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262)

4.1. Scope of the Law

R.A. 9262 penalizes various forms of abuse—physical, sexual, psychological, and economic—against women and children by a person with whom the victim has or had a sexual or dating relationship, or with whom the victim shares a child.

4.2. Psychological Violence

Threatening to release intimate images can constitute psychological violence, as it may cause mental or emotional suffering, public humiliation, or intimidation. The offense falls under Section 5(i) of R.A. 9262, which penalizes acts that cause or are likely to cause mental or emotional anguish.

4.3. Penalties

Penalties for acts of violence under R.A. 9262 (particularly psychological violence) can range from six (6) months to twelve (12) years of imprisonment, depending on the gravity and the court’s discretion.

4.4. Protection Orders

R.A. 9262 also provides for protection orders (Barangay Protection Orders, Temporary Protection Orders, and Permanent Protection Orders) that can prohibit an abuser from committing further threats or harassment. Victims may seek these orders immediately to prevent any release of images.

5. Safe Spaces Act (R.A. 11313)

5.1. Expanded Protection

The Safe Spaces Act, also known as the “Bawal Bastos” Law, addresses gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions. The law punishes acts that are sexist, misogynistic, or homophobic in nature, which can include threatening to release intimate images to degrade or harass a person.

5.2. Online Harassment

Under R.A. 11313, online gender-based sexual harassment includes the use of information and communications technology to threaten, intimidate, or harass someone on the basis of sex, gender, or sexual orientation. This broad scope can encompass threats to release intimate images.

5.3. Penalties

The Safe Spaces Act imposes varying penalties depending on the severity and nature of the offense. Online sexual harassment may be penalized with fines and/or imprisonment, as determined by the court.

6. Revised Penal Code (Grave Threats, Coercion, Extortion)

6.1. Grave Threats

Under Articles 282–283 of the Revised Penal Code (RPC), a “grave threat” exists when a person threatens another with a wrong amounting to a crime. If someone threatens to release intimate photos or videos (which might also be a violation of R.A. 9995), it could amount to a grave threat if done to extort money, force the victim to do something, or otherwise intimidate.

6.2. Coercion and Extortion

If the threat is used to compel the victim to give money or property, or to do an act they are not obligated to do, it may also be considered light or grave coercion (Articles 286–287 of the RPC) or robbery/extortion under Article 294, depending on the circumstances.

Prosecutors typically decide whether to pursue charges under the Revised Penal Code in conjunction with special laws like R.A. 9995, depending on the evidence and the specific details of the case.

7. Filing a Complaint: Procedure and Key Considerations

Gather Evidence
- Save screenshots of any text messages, emails, social media posts, or private messages containing the threats.
- If any partial sharing occurred, secure proof of the posting (e.g., URLs, screenshots, witness affidavits).
Execute an Affidavit of Complaint
- The victim should write a detailed affidavit narrating the facts: how the images were obtained, the nature of the threat, the date/time of messages, and any demands made.
Report to Authorities
- Depending on the circumstances, a complaint can be filed directly with the Women and Children Protection Desk (WCPD) of the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) Cybercrime Division if it involves online/electronic threats.
Legal Counsel
- Consulting a lawyer or seeking assistance from organizations (e.g., women’s rights NGOs) can help navigate the process and protect the victim’s interests.
Initiate Protection Orders (where applicable)
- Under R.A. 9262, if there is an existing or former intimate relationship, or a shared child, the victim can request a protection order.
- Under the Safe Spaces Act, victims can also coordinate with the relevant authorities for protective measures.

8. Frequently Asked Questions (FAQs)

Is it still a crime if I originally consented to the taking of the images?
Yes. Even if you consented to the creation or possession of the images, it does not mean you consented to their distribution or public release. Threatening to release intimate images—even those obtained with consent—remains punishable under R.A. 9995 and related laws.
Does the law protect men as well as women?
Yes. R.A. 9995, R.A. 10175, and the Revised Penal Code apply to all persons regardless of gender. Meanwhile, R.A. 9262 focuses on violence against women and children, but men can file complaints under other applicable statutes (e.g., R.A. 9995, RPC, Safe Spaces Act).
Can I also sue for damages?
Yes. Criminal complaints can be accompanied by a civil suit for damages if you suffered mental anguish, emotional distress, or any quantifiable losses. You may be entitled to moral, exemplary, and other damages, subject to proof.
What if the perpetrator is abroad or unknown?
If the perpetrator is abroad, coordination through the Department of Justice (DOJ) and international law enforcement channels may be required. If the perpetrator is unknown (e.g., an anonymous account), you can request cyber-investigative assistance from the NBI or PNP Cybercrime units to identify the IP address, device, or individuals responsible.
What if the material has already been shared?
It is still a crime to further distribute, re-upload, or threaten additional sharing. You may also request internet service providers and social media platforms to take down or block access to the content. Even after the content is posted, the act is still punishable, and you can seek both injunctive relief (to remove the images) and criminal prosecution.

9. Key Takeaways

Threatening to release intimate images is a punishable offense under multiple laws—primarily R.A. 9995—and can be coupled with other charges under the Cybercrime Prevention Act, Safe Spaces Act, or the Revised Penal Code.
The relationship between the victim and the offender (e.g., former partners, spouses) may trigger additional protections or charges under R.A. 9262.
Comprehensive evidence collection is critical. Save digital communications, gather witness statements, and consult a lawyer or relevant law enforcement agency promptly.
Multiple legal remedies are available, from filing a criminal complaint to seeking civil damages and protective orders.
Consent to the capturing of intimate images does not equate to consent for distribution. Threatening distribution without consent is, by itself, a prosecutable act.

Final Note

Philippine law takes privacy violations and threats of distributing intimate content very seriously. Victims have several legal pathways to pursue justice and protect themselves from further harm. If you find yourself in such a situation, it is strongly recommended to seek immediate legal assistance, file a complaint with the appropriate authorities, and gather all possible evidence to support your case.