Extortion is a criminal ofense o obtaining money, property, or services rom a person, entity, individual or institution, through coercion. There is no expressed expressed provision provision in the RPC about extortion itsel. itsel. But there is Robbery Extortion !ntimidation o Persons", but it involves orce and intimidation o persons and is usually done by Public #$cials or #$cers extorting money rom the public. %i&e '(otong). !n robbe robbery ry *ith *ith intim intimid idati ation on o person persons, s, the intimi intimidat dation ion consi consist sts s in causin causing g or creating ear in the mind o a person or in bringing in a sense o mental distress in vie* o a ris& or evil that may be impending, real real or imagined. +uch ear o inury to person or property property must continue to operate in the mind o the victim at the time o the delivery o the money. !n your client-s case, since the 'girlriend) is al*ays as&ing or money and the amily o your client *ants to get rid o the 'girlriend), it may be alleged that the 'girlriend) is as&ing or money rom your client so that the 'girlriend) *ill not release inormation inormation about your client. Based on such acts, you can allege Robbery with with Intim Intimida idatio tion n of Person Persons s unde underr rti rticl cle e /0 /01 1 in relat elatio ion n to rti rticl cle e /0 /02 2 paragraph 3 o the Revised Penal Code.
Title Ten CRIMES AGAINST PROPERTY Chapter One ROERY IN GENERA! rticle /01. 4ho are guilty o robbery. robbery. 5 ny person *ho, *ith intent to gain, shall ta&e any personal property belonging to another, by means o violence or intimidation o any person, or using orce upon anything shall be guilty o robbery. +ection #ne. 5 Robbery *ith violence or intimidation o persons. rticle /02. Robbery *ith violence against or intimidation o persons6 Penal Penaltie ties. s. 5 ny perso person n guilty guilty o robbe robbery ry *ith *ith the use use o violen violence ce against or intimidation o any person shall sufer7 8. The penalty o reclusion perpetua to death, *hen by reason or on occa occasi sion on o the the robbe obbery ry,, the the crim crime e o homi homici cide de shal shalll have have been been committed. /. The penalty o reclusion temporal in its medium period to reclusion perpetua *hen the robbery shall have been accompanied by rape or intentional mutilation, or i by reason or on occasion o such robbery, any o the physical inuries penali9ed in subdivision 8 o rticle /:1 shall have been in;icted6 Provided, ho*ever, that *hen the robbery accompanied *ith rape is committed *ith a use o a deadly *eapon or by t*o or more persons, the penalty shall be reclusion perpetua to death s amended by P< =o. >:>".
1. The penalty o reclusion temporal, *hen by reason or on occasion o the robbery, any o the physical inuries penali9ed in subdivision / o the article mentioned in the next preceding paragraph, shall have been in;icted. 2. The penalty o prision mayor in its maximum period to reclusion temporal in its medium period, i the violence or intimidation employed in the commission o the robbery shall have been carried to a degree clearly unnecessary or the commission o the crime, or *hen the course o its execution, the ofender shall have in;icted upon any person not responsible or its commission any o the physical inuries covered by sub5divisions 1 and 2 o said rticle /1. 3. The penalty o prision correccional in its maximum period to prision mayor in its medium period in other cases. s amended by R. . 8?".
#r you may also allege "n#$st %e&ation under rticle /?> o the Revised Penal Code. rticle /?>. %ight coercions. 5 ny person *ho, by means o violence, shall sei9e anything belonging to his debtor or the purpose o applying the same to the payment o the debt, shall sufer the penalty o arresto mayor in its minimum period and a @ne eAuivalent to the value o the thing, but in no case less than >3 pesos.
Any other 'oer'ions or $n#$st (e&ations shall be p$nished by arresto menor or a )ne ran*in* from + pesos to ,-- pesos. or both/
#r it may also be Threats in general under /?1 or /?3 o the Revised Penal Code depending on the acts. rt. /?1. %ight threats. ny threat to commit a *rong not constituting a crime, made in the manner expressed in subdivision 8 o the next preceding article, shall be punished by arresto mayor. rt. /?3. #ther light threats. The penalty o arresto menor in its minimum period or a @ne not exceeding / pesos shall be imposed upon7 8. ny person *ho, *ithout being included in the provisions o the next preceding article, shall threaten another *ith a *eapon or dra* such *eapon in a Auarrel, unless it be in la*ul sel5deense. /. ny person *ho, in the heat o anger, shall orally threaten another *ith some harm not constituting a crime, and *ho by subseAuent acts sho* that he did not persist in the idea involved in his threat, provided
that the circumstances o the ofense shall not bring it *ithin the provisions o rticle /?/ o this Code. 1. ny person *ho shall orally threaten to do another any harm not constituting a elony.
