Disclaimer: The following article provides general legal information about addressing blackmail by a former employee in the Philippine context. It is not intended as legal advice. For specific legal concerns or cases, it is always recommended to consult a qualified Philippine attorney who can provide guidance tailored to your situation.

Introduction

Blackmail—often understood as an unlawful demand or threat made to force someone to act (or refrain from acting) in a certain way—can arise in a variety of contexts, including employment. In the Philippines, there is no single statute that uses the term “blackmail” in its heading. Instead, blackmailing behavior is typically covered under provisions of the Revised Penal Code (RPC) on threats, coercion, and extortion, as well as under special laws like the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) if carried out through electronic means.

This article provides an overview of:

Legal definitions and relevant provisions in Philippine law pertaining to blackmail.
Potential criminal liabilities of the blackmailer.
Steps to address and mitigate blackmail when it comes from a former employee.
Preventive measures employers can take.

1. Understanding “Blackmail” Under Philippine Law

1.1. Terminology

Blackmail is not a distinct criminal offense titled as such under Philippine statutes. Instead, blackmail is generally prosecuted under provisions related to:
- Grave Threats (Article 282 of the Revised Penal Code)
- Light Threats (Article 283 of the Revised Penal Code)
- Other forms of extortion or robbery by intimidation (Articles 293–299 of the Revised Penal Code)
- Grave Coercion (Article 286 of the Revised Penal Code)
- Cyber-related offenses under R.A. 10175 if electronic means or the internet is used.

1.2. Grave Threats (Article 282, Revised Penal Code)

Occurs when a person threatens another with a wrong amounting to a crime, intending to cause alarm or fear, or to extort money or other gain.
Penalties vary depending on the nature of the threat and whether or not there is a condition attached (i.e., a demand for money, property, or services).

1.3. Light Threats (Article 283, Revised Penal Code)

Punishable if the threat involves a harm that does not amount to a crime (for example, threat to reveal a person’s secret) and is made for the purpose of extorting money, property, or any undue advantage.

1.4. Grave Coercion (Article 286, Revised Penal Code)

Occurs when a person compels another to do something against their will, whether it is right or wrong, through violence or intimidation, without legal authority.

1.5. Robbery with Intimidation or Extortion (Articles 293–299, Revised Penal Code)

If property (e.g., money, goods) is taken through intimidation or force, the act may be classified under robbery. Extortion is a form of robbery committed by intimidation.

1.6. Cybercrime Prevention Act of 2012 (R.A. No. 10175)

Cyber-libel: If defamatory statements are threatened to be published online in exchange for money or silence, it can be prosecuted under cyber-libel or a related cybercrime provision.
Cyber-related threats: If blackmailing occurs through social media, emails, or other electronic communications, certain provisions of R.A. 10175 may apply.

2. Potential Criminal Liabilities of the Blackmailer

Imprisonment and/or fines: Depending on the specific RPC provision violated, a convicted blackmailer faces potential imprisonment (from arresto mayor to prision correccional or more) and/or fines.
Additional civil liability: The aggrieved party may also be entitled to damages in a separate civil action.
Aggravating factors: Use of electronic means, involvement of confidential business information, or threats that impact a company’s reputation may be considered in determining the severity of penalties.

3. Addressing Blackmail by a Former Employee: Step-by-Step Guide

3.1. Stay Calm and Document Everything

Preserve evidence: Save all emails, text messages, voice mails, chat logs, or any form of communication. If the threat is verbal, note the date, time, place, and exact language used as soon as possible.
Record relevant information: If the former employee made explicit or implicit demands, document the nature of the demand and the potential harm threatened (e.g., leaking trade secrets, publicizing defamatory accusations).

3.2. Assess the Nature and Credibility of the Threat

Identify the type of threat: Is it a direct demand for money, property, or concessions? Is it a threat to expose confidential or damaging information?
Gauge seriousness: Consider the actual capacity of the former employee to carry out the threat. This will help determine how urgently you should escalate the matter.

3.3. Seek Legal Counsel

Consult a lawyer: An attorney familiar with criminal law (and possibly labor law) can provide guidance on whether the threat meets the legal threshold for grave threats, coercion, or other offenses.
Legal advice: A lawyer can also advise on potential civil remedies, especially if the employee is threatening defamation or releasing trade secrets. In certain circumstances, the employer may seek injunctive relief.

3.4. Report the Incident to Law Enforcement if Necessary

File a police report: If the demands are serious or if the blackmailer persists, reporting to the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) can be crucial.
Gather evidence: You will need all documented proof of the blackmail to support your complaint.

3.5. Consider Internal Responses

Company legal or HR team involvement: If the threats are related to company information, coordinate with your internal or external legal counsel, as well as HR, to ensure a consistent response.
Secure sensitive information: If the former employee had access to sensitive or proprietary data, review and update security measures (e.g., revoke system access, change passwords).

3.6. Negotiate or Engage Only Under Legal Guidance

Avoid direct negotiations: Attempting to handle the matter alone or paying off the blackmailer can be risky and may even be construed negatively. Seek counsel before any engagement.
Written communications: If any communication with the former employee is unavoidable, do it in a way that is documented and guided by legal advice.

3.7. Pursue Criminal and/or Civil Action

Criminal complaint: Once there is enough evidence, your lawyer may advise filing a criminal complaint under applicable provisions of the Revised Penal Code or the Cybercrime Prevention Act.
Civil remedies: If the blackmailer’s actions have caused reputational damage or financial loss, the employer may also consider a civil action for damages.

4. Preventive Measures

4.1. Robust Employment Contracts and Exit Processes

Non-disclosure agreements (NDAs): Ensure NDAs are in place that clearly specify the confidentiality obligations extending beyond employment.
Clear exit procedures: During clearance and exit interviews, remind the departing employee of their continuing obligations concerning trade secrets and confidential information.

4.2. Data Security and Access Control

Revoke access immediately upon separation: This includes email accounts, shared drives, and other sensitive digital platforms.
Regular audits: Conduct periodic checks of who has access to sensitive data to prevent unauthorized or lingering access by former employees.

4.3. Company Policies on Whistleblowing vs. Blackmail

Encourage proper channels: Have clear internal policies for whistleblowing if employees encounter illegal or unethical practices, to distinguish legitimate disclosures from blackmail.
Train managers and supervisors: Educate them to recognize early signs of potential blackmail or extortion (e.g., repeated hints about “dirt” on the company coupled with demands).

4.4. Legal Awareness Training

Employee education: Provide employees with training on what constitutes illegal threats, extortion, or blackmail. Emphasize the consequences.
Managerial training: Equip team leaders with knowledge on how to handle threats or suspicious behavior by team members or former employees.

5. Frequently Asked Questions (FAQs)

Is it blackmail if a former employee threatens to report wrongdoing to a government agency?
- If a former employee is reporting an actual legal or regulatory violation, it may be legitimate whistleblowing, unless they are demanding money or other benefits in exchange for silence. If they demand money or concessions, it could be construed as blackmail or extortion.
Can an employer be liable if they pay ‘hush money’ to a blackmailer?
- Paying a blackmailer is not illegal per se under Philippine law, but it is strongly discouraged and can complicate future legal remedies. It might also raise questions about concealment of wrongdoing if the matter goes public later. Always consult a lawyer before making any payments.
Does the employer need evidence of actual damage?
- For a criminal complaint, credible evidence of the threat or demand is crucial. The existence of actual damage is less important than the threat or intimidation used. However, in civil cases (e.g., for damages), showing actual harm or loss can affect the amount of compensation.
What if the blackmail occurs online or through social media?
- The Cybercrime Prevention Act of 2012 may apply. Collect screenshots, recordings, or other digital evidence. The penalty may be higher if the act falls under cyber-related crimes.
How long does a criminal case for threats or extortion typically last?
- Litigation timelines can vary depending on the complexity of the case, court congestion, availability of evidence, and cooperation of witnesses. Some cases may be resolved relatively quickly, while others can take months or years.

Conclusion

Dealing with blackmail by a former employee can be stressful and complex. Philippine law provides multiple avenues—both criminal and civil—for redress. Employers should take proactive measures by maintaining robust security protocols, enforcing clear confidentiality agreements, and fostering an internal culture that distinguishes between genuine whistleblowing and extortionate behavior.

If you find yourself facing potential blackmail, document the threats, seek immediate legal advice, and consider reporting to the authorities if the extortion persists. Taking swift, legally guided action not only helps protect your company’s interests and reputation but also reinforces that such unlawful conduct will not be tolerated.

Disclaimer: This article is for general information only and does not constitute legal advice. Always consult a qualified attorney in the Philippines to address specific concerns or unique facts surrounding your case.