Philippine Toolkit Sextortion

TOOL-KIT on SEXTORTION
By: Philippine Womens Judges Association In collaboration with: International Association of Women Judges With support from: Government of Netherlands MDG 3 Fund
TOOL-KIT ON SEXTORTION
TABLE OF CONTENTS
Naming Sextortion ..........................................................................................1
Case example .................................................................................................................. 1 Elements of Sextortion.................................................................................................... 2 Extortion in different settings ......................................................................................... 3
Shaming Sextortion.........................................................................................4
Available Laws, Elements and Penalty ........................................................................... 4 Case Example.................................................................................................................11 Obstacles Faced By Victims ......................................................................................... 12
Ending Sextortion .........................................................................................14

Criminal Process ........................................................................................................... 14 Inquest Investigation ................................................................................................. 14 Preliminary Investigation .......................................................................................... 15 Reporting Process at the Barangay ........................................................................... 16 Reporting Process at the Police................................................................................. 16 Process at the DOJ or Prosecutors Office ................................................................ 18 Procedure if offender is a public officer or government employee........................... 20 The Court Trial Process ............................................................................................ 23 Administrative and Civil Cases Process ....................................................................... 26
What the community can do to end and prevent sextortion..........................29

Popularizing the law ..................................................................................................... 29 Media Campaign ........................................................................................................... 31
List of Resources...........................................................................................32
NAMING SEXTORTION
Case example
SEX, not money, IS USED FOR CORRUPTION. IT IS THE ABUSE OF POWER OR AUTHORITY TO EXTORT SEX.
A fresh Nursing graduate went to see the City Health Officer for a job. Initially, she is told that no positions were available but if she returned, the doctor would see what he could do. When she returned, the doctor told her he needed to interview her. During the interview, he asked her questions about a boyfriend, about intimate sexual acts she may have experienced, and how she would react if were to be intimately touched. The doctor then said that, as part of the interview, she needed to show him whether she had varicose veins by pulling down her pants to her knees. Then he put his hand into her panty, touched her abdomen, said words of endearment, and let the back of his palm touch her forehead. He then told her to raise her shirt to check whether she had nodes or lumps. She hesitated, but believing that it was still part of her physical examination, raised her shirt. He fondled her breast. She thought this was all part of the interview for the job she needed.
QUESTION: Is this a case of sextortion? Yes. Why? BECAUSE SEXTORTION is sexual conduct demanded by a person who has authority and who is in a position to grant the victim some favor or benefit.
Elements of Sextortion
SEXUAL CONDUCT any form of sexual contact, from inappropriate touching to intercourse. ABUSE OF AUTHORITY the person who requires or demands sex has the authority to give the victim some favor or benefit, e.g., a student a passing mark, or an employee a raise, or an applicant a visa. QUID PRO QUO this for that or kaliwaan In other words, the victim will get what she needs when she complies with the sexual demand.
Extortion in different settings

EXTORTION CAN ALSO HAPPEN IN ANY OF THE FOLLOWING SETTINGS: DEPARTMENT OF JUSTICE/PROSECUTORS OFFICE: When a prosecutor requires you to have sex with him so that he will file the case of domestic violence against your husband. THE COURT LEVEL: When a judge requires you to kiss him before he favorably recommends you for a job in the court; or before he allows your husband to post bail; or issues a temporary restraining order in your companys favor. THE POLICE: When, after you are arrested, the police officer tells you that if you have sex with him, he will not file a complaint at the prosecutors office. THE BOARD OF IMMIGRATION: When an immigration official suggests that you hold a party with women freely available and he will drop deportation charges against you. IN PRISON: When the warden or any guard requires your wife or daughter to have sex with him to allow them to see you; or requires sex from a woman prisoner in exchange for protection and better food and sleeping arrangements. IN SCHOOL: When having sex with a teacher will cause you to pass or get a higher grade. AT WORK: Sex in exchange of a day off for you or for a promotion in your rank.
SHAMING SEXTORTION
Philippine statutes involving sex and extortion have different forms but of similar result. Under these laws, perpetrators incur administrative, civil, and criminal liability.
Available Laws, Elements and Penalty

THESE ARE THE LAWS AVAILABLE UNDER WHICH CASES CAN BE FILED ON BEHALF OF SEXTORTION VICTIMS.
There is no double jeopardy as long as the offenses are penalized under different laws; therefore, separate criminal complaints can be filed for the same set of circumstances. The laws are all gender-neutral, meaning both men and women may be victims or offenders, except for Republic Act 9262 or the law penalizing violence against women and their children.
LAW
Rep. Act 7877 AntiSexual Harassment Act of 1995
ELEMENTS
PENALTY
Sexual condition imposed on someone who is not in a Imprisonment one (1) month position to refuse it in a work, training, or education- - six (6) months; or related environment. A fine Ten thousand pesos *Moral or other ascendancy is a required element. (P10,000) -Twenty thousand pesos (P20,000); Sexual harassment is one or a series of incidents involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature, made directly, indirectly and impliedly. *Moral ascendancy not a required element. *Reclusion perpetua for rape through carnal knowledge (for life, maximum of 40 years) Or both. Penalty corresponding to the gravity and seriousness of the offense: from reprimand to dismissal.
CSC Resolution No. 94 2854 dated May 31, 1994 (applicable only to government workers and public officials)
*Includes peer harassment. Rep Act 8353 Anti-Rape *Rape through carnal knowledge, which means Law of 1997 sexual intercourse as defined by the Supreme Court.
*Rape by sexual assault, which is gender-neutral: Inserting his penis into another persons mouth or anal orifice, or *Prision mayor to reclusion temporal for sexual assault. Inserting any instrument or object (including a finger) (6 years and 1 day to 20 years) into the genital or anal orifice of another person.
LAW
Grave coercion (Art. 286, Revised Penal Code)
ELEMENTS
1. Any person without any authority of law, 2. By means of violence, or threats or intimidation, 3. Prevents another from doing something not prohibited by law or compels him to do something against his will, whether it be right or wrong. 1. The intentional touching 2.Direct or through clothing, 3. Of the genitalia, anus, groin, breast, inner thigh or buttocks, or the introduction of any object into the genitalia, anus or mouth of any person, 4. Of the same or opposite sex, 5. Intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 1. Victim a virgin over twelve years and under eighteen years of age, 2. Offender a person in public authority, priest, house-servant, domestic, guardian, teacher, or any person who, in any capacity,
PENALTY
*Arresto mayor (1 month and 1 day to 6 months) and a fine of 500.00 pesos
Acts of lasciviousness (Art. 336, Revised Penal Code)
*Prision correcional (6 months and 1 day to 6 years)
Qualified seduction (Art. 338, Revised Penal Code)
*Arresto mayor (1 month and 1 day to 6 months)
3. Who is entrusted with the education or custody of the victim. Corruption of minors (Art. Any person who will promote or facilitate the 340, Revised Penal Code) prostitution or corruption of persons under age to satisfy the lust of another. * It may be committed by a single act and it may not necessarily be for profit. Any person who, in any manner, or under any pretext, will engage in the business or will profit by prostitution or will enlist the services of any other person for the purpose of prostitution. * It is limited to females, for profit, and generally committed habitually. The abduction of any woman against her will and with lewd designs. * If the victims consent was obtained through deceit, the deceit is considered as constructive force. * Actual intercourse is not required in abduction.
*Prision mayor (6 years and 1 day to 12 years)
White slave trade (Art. 341, Revised Penal Code)
*Prision mayor (med-max)
Forcible abduction (Art. 342, Revised Penal Code)
*Reclusion temporal (12 years and 1 day to 20 years)
LAW
Consented abduction (Art. 343, Revised Penal Code) Rep. Act No. 9208 AntiTrafficking in Persons Act of 2003
ELEMENTS
The virgin is over twelve and under eighteen years of age carried with her consent and with lewd design. * Actual intercourse is not required in abduction.
PURPOSES: 1. Recruit, Transport, Transfer, Provide, Harbor, Receive; or 1-a. Introduce, Match For Money, Offer Or Contract For Marriage, or 1-b. Maintain, Hire For Prostitution, or 1-c. Undertake, Organize Tours, Travels, or 1-d. Adopt, Facilit ate Adoption, 2. A Person 3. For Purpose Of 4. Prostitution, Pornography, Sexual Exploitation, Forced Labor, Slavery, Debt Bondage ALSO: 1-e. Recruit, Hire, Adopt, Transport For Sale Of Organs. 1-f. Recruit, Transport, Adopt To Engage In Armed Activities In The Philippines, Abroad. ELEMENTS: 1. Prostitution Use Of A Person By Another For Sexual Intercourse 2. Forced Labor / Slavery Extraction Of Work Or Services Even By Violence, Enticement. 3. Sex Tourism Program Organized By Travel, TourismRelated Establishments With Escorts, Sexual Services, Practices Offered During Rest, Recreation Periods For Members Of Military. 4. Sexual Exploitation Prostitution, Production Of Pornographic Materials. 5. Debt Bondage Pledging Of Personal Services When The Length, Nature Of Services Not Clearly Defined Or The Proceeds Are Not Applied To Liquidate The Debt. 6. Pornography Any Representation Through Publication, Exhibition, Cinematography, Indecent Shows, Information Technology Or By Whatever technology.
PENALTY
*Prision correcional (minimum to medium range) Sec. 4 [Acts] 20 Years Imprisonment And Fine Of Not Less Than P1M But Not More Than P2M [B] Sec. 5 [Facilitate] 15 Years Imprisonment, Fine Of Not Less Than P500T But Not More Than P1M Sec. 6 [Qualified-Child/ By Syndicate, Large Scale/ HIVAIDs] Life Imprisonment, Fine Not Less P2M, Not More P5M [D] Sec. 7 - [Confidentiality] 6 Years Imprisonment And Fine Not Less Than P500T, Not More Than P1M
LAW
ELEMENTS
7. Involuntary Servitude Extraction Of Work, Services Through Violence, Enticement. *Crime cannot be attempted or frustrated. The completed offense is when the motive is established.
PENALTY
Rep. Act No. 9262 AntiViolence Against Women and their Children Act of 2004
* (a) Acts falling under 1. Any act or a series of acts committed by any person Section 5(a) constituting attempted, frustrated or against a woman who is his: wife or former wife, or with whom he had a sexual or dating relationship, or consummated parricide or murder or homicide: with whom he has a child. reclusion temporal to reclusion perpetua (12 years 2. The act or acts result in physical, sexual, psychoand 1 day to 30 years) logical harm, or suffering, or economic abuse. * Serious physical injuries will have the penalty of 3. Includes threat of such acts, battery, assault, prision mayor 6 years and 1 coercion, harassment or arbitrary deprivation of day to 12 years); liberty. *Less serious physical injuries will be punished by prision correccional (6 months and 1 day to 6 years); *Slight physical injuries will be punished by arresto mayor (1 month and 1 day to 6 months). * Other acts: punished by imprisonment of two degrees lower than the prescribed penalty but will in no case be lower than arresto mayor. *In addition to imprisonment, a fine of One hundred thousand pesos (P100,000.00) to three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and will report compliance to the court.
LAW
Rep. Act No. 9995 AntiPhoto and Video Voyeurism Act of 2009
ELEMENTS
1. Take photo or video coverage of a person or group performing sexual act or other similar activity, or 2. To capture an image of the private parts of a person without consent, and 3. Under circumstances in which persons have reasonable expectation of privacy.
PENALTY
* Imprisonment of three (3) years to seven (7) years and a fine of One hundred thousand pesos (100,000.00) to Five hundred thousand pesos (P500,000.00), or both.
Republic Act No. 9775Anti-Child Pornography Act of 2009
(a) Syndicated child 1. Any representation, by electronic or other means of pornography - reclusion child, or someone purporting to be a child, engaged in perpetua and a fine of Two million pesos real or simulated explicit sexual activities. (Php2,000,000.00) to Five million pesos 2. Prohibited to distribute, publish, possess. (Php5,000,000.00); (b) Section 4(a), (b) and (c) - reclusion temporal in its maximum period and a fine of One million pesos (Php1,000,000.00) toTwo million (Php2,000,000.00); (c) Section 4(d), (e) and (f) -reclusion temporal in its medium period and a fine of Seven hundred fifty thousand pesos (Php750,000.00) to One million pesos (Php1,000,000.00); (d) Section 4(g) - reclusion temporalin its minimum period and a fine of Five hundred thousand pesos (Php500,000.00) to Seven hundred thousand pesos (Php700,000.00); (e) Section 4(h) - prision mayor in its maximum period and a fine of Three hundred thousand pesos (Php300,000.00) to Five hundred thousand pesos (Php500,000.00);
LAW
ELEMENTS
PENALTY
(f) Section 4(I) - prision mayor in its minimum period and a fine of Three hundred thousand pesos (php300,000.00) to Five hundred thousand pesos (Php500,000.00); (g) Section 4(j) - prision correccional in its maximum period and a fine of Two hundred thousand pesos (Php200,000.00) toThree hundred thousand pesos (Php300,000.00); (h) Section 4(k) - prision correccional in its medium period and a fine of One hundred thousand pesos (php100,000.00) to Two hundred fifty thousand pesos (php250,000.00); (i) Section 4(l) - arresto mayor in its minimum period and a fine of Fifty thousand pesos (Php50,000.00) to One hundred thousand pesos (Php100,000.00); (j) Section 11 -prision correccional in its medium period and a fine of One million pesos (Php1,000,000.00) to Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty will be a fine of Two million pesos to (Php2,000,000.00) Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment.
LAW
Rep. Act No. 3019 AntiGraft and Corrupt Practices Act of 1960 Section 3 (e).
ELEMENTS
1. Public officer discharging administrative, judicial or official functions
PENALTY
Civil Code
* Imprisonment for not less than one year nor more than ten years, perpetual 2. Acted with evident bad faith, manifest partiality, or disqualification from public office, and confiscation or inexcusable negligence forfeiture in favor of the Government of any prohib3. Action caused undue injury to any party, or has given unwarranted benefit, advantage or preference in ited interest and unexplained wealth manifestly out of the discharge of his functions. proportion to his salary and other lawful income. * Proof of the extent or quantum of pecuniary or monetary damage NOT essential. Any complaining party at whose complaint the criminal prosecution was initiated will, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the value of such thing. Art. 19. Every person must, in the exercise of his rights * Actual, moral and and in the performance of his duties, act with justice, exemplary money damages give everyone his due, and observe honesty and good can be recovered. faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, will indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy will compensate the latter for the damage.
have rights under Republic Act No. 9710 (2009) or the Magna Carta for Women: this is a comprehensive You womens human rights law that seeks to eliminate discrimination against women by recognizing, fulfilling and promoting the rights of Filipino women, especially from the marginalized sectors. Under the Magna Carta, the woman has the right to protection from all forms of violence by giving priority to the defense and protection of women against gender-based offenses. Under the Magna Carta, all local government units will establish Violence Against Womens Desks in every barangay
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Case Example
AND SO WE RETURN TO THE CASE OF THE NURSING GRADUATE: WHY IS THIS A CASE OF SEXTORTION? 1. The City Health Officer is a public officer [authority]; 2. He has the power and authority to hire (and fire) employees of the city; 3. She underwent a disturbing interview, full of sexual innuendo [sex]; 4. She was inappropriately touched; 5. She experienced inappropriate and unwanted sexual conduct to get a job; and, 6. She is a young nursing graduate in need of a job [quid pro quo]. WHAT CASES CAN THE NURSING GRADUATE FILE? 1. Graft and corrupt practice, under Sec. 3(e) of RA 3019, before the Ombudsman and the Sandiganbayan. (Note: You must check salary grade of the offender. If SG 27 and above,1 Office of the Ombudsman and then Sandiganbayan have jurisdiction. If SG 26 and below, the Prosecutors Office or Office of the
1 Republic Act. No. 7579, amending Presidential Decree No. 1606, defines the jurisdiction of Sandiganbyan under Section 4 a. and states: Sandiganbayan shall exercise original jurisdiction in all cases involving: Violations of Republic Act. No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: (1) Officials of the executive branch occupying the positions of regional director and higher, otherwise, classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: (a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads; (b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads; (c) Officials of the diplomatic service occupying the position of consul and higher; (d) Philippine army and air force colonels, naval captains, and all officers of higher rank; (e) PNP chief superintendent and PNP officers of higher rank; (f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; (g) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations; (2) Members of Congress and officials thereof classified as Grade 27 and up under the Compensation and Position Classification Act of 1989; (3) Members of the judiciary without prejudice to the provisions of the Constitution; (4) Chairman and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and (5) All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.
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2. Ombudsman and then the Regional Trial Courts have jurisdiction.) 3. Sexual harassment case under RA 7877 (see discussion under No. 1 for jurisdiction). 4. Administrative case for Sexual Harassment, before the Civil Service Commission, under CSC Resolution No. 94 2854. 5. Acts of lasciviousness under the Revised Penal Code, to be filed with the DOJ or at the Prosecutors Office and then in the Regional Trial Court. 6. Administrative case with the Professional Regulatory Commission to remove the medical license of the City Health Officer. 7. Civil case for damages under Article 21 of the Civil Code before a Regional Trial Court.
Obstacles Faced By Victims

1. Shame/social stigma you wonder whether it was your fault that this terrible thing happened to you, so you keep quiet and hope that no one will find out. You may seek help from a social worker of DSWD or LGU or NGO. (Please see list of resources). 2. You do not know where to get help If you are a victim of a crime punishable under Rep. Act 9262 (the law against violence against women), you can approach the Public Attorneys Office (PAO) for legal advice and assistance. In all other cases, you can approach the nearest office of the Integrated Bar of the Philippines (IBP), a non-government organization providing legal services to women and children; a law schools legal aid program, a prosecutor (directly), the PNP or the NBI, the nearest office of the Civil Service Commission, or the Ombudsman. 3. Poverty it is expensive to continue a case filed, even if the lawyer is free. For free legal representation, you may need to obtain a certification from your barangay and the local social welfare officer regarding your income level. 4. Threats/harassment you are being threatened by the offender to keep quiet or he will reveal something about you: perhaps he took a photo or a video of what happened. You may report to a police station and create a blotter of the incident.
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5. Desistance you want to file an affidavit of desistance because you are tired, broke, ashamed, under a lot of pressure, frustrated by the long court process, or you have been paid off. You may first talk to the prosecutor handling the case or the social worker helping you. 6. Failure to appear at trial You find difficulty to attend the trial because of lack of time or resources, or you fail to appear at trial because you have moved without informing the court and/or your lawyer/prosecutor, or the wrong address is in the records and you are not receiving notices, or you are being threatened, or you have been paid. You should always keep in touch with the prosecutor or the social worker. 7. Corruption you have made a complaint with the police, but for one reason or another, no case has been filed with the prosecutor. Or, the case was filed with the prosecutor, but for one reason or another, it has not reached the court. You may seek free legal aid to help you bring the matter to the attention of higher authorities (e.g., Department of Justice for prosecutors and NAPOLCOM or PNP for the police). You may also want to approach members of the community such as NGOs to expose the corruption. 8. You do not know where to get therapy/after-care the Department of Social Welfare and Development (DSWD) and local government unit social workers are very busy. Government hospitals are likewise concentrated on urgent/emergency concerns. You need to find a crisis center [please see the List of Resources at the end of this tool-kit]. 9. You do not know what evidence is needed courts are demanding. Perhaps the prosecutor will require a warrant before the police can present your pornographic pictures from the internet. You will need medical certificates from government doctors to file rape charges. You need to recall what he said, what you said, and what happened, and put this in affidavit form. You need to keep the clothes and underwear you were wearing. You need to keep text messages and email communication. The police do not investigate. 10. Lack of Information what crime was committed? Were your rights violated? You may want to approach Integrated Bar of the Philippines, Public Attorneys Office, or any NGO providing free legal assistance to find out your options.
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ENDING SEXTORTION
Ending sextortion is the process of reporting, recording, and referring cases of sextortion. It also means bringing sextortion to the consciousness of the community and putting a stop to it through means other than the legal process. If you would like to end sextortion, you may do so through the legal process by availing of criminal, civil, and administrative remedies.
Criminal Process
There are two (2) ways to bring an offender to justice. It could be through inquest investigation or through a regular process called preliminary investigation.
Inquest Investigation The fastest way to end sextortion is for the victim to immediately report the crime after it just happened. The report must be made to the police immediately after the crime was committed. The police will arrest the offender without a warrant; will take the sworn statements of the complainant, the arresting officer, and the witnesses; and thereafter will immediately endorse the case to the duty prosecutor for the conduct of an inquest. The sworn statement and affidavits of supporting witnesses must be complete to expedite the process. The inquest prosecutor may conduct searching questions of the complainant and the witnesses. If the prosecutor is not satisfied, the case will be referred to a regular preliminary investigation. On the other hand, if the inquest prosecutor is satisfied, the information will be immediately filed in court and the accused will be arraigned. Before the information is filed in court, the accused may question the information; however, he must sign a waiver while assisted by a counsel, of his rights under Article 125 (delay in the delivery of detained persons) of the Revised Penal Code. He will stay in jail while the case is undergoing preliminary investigation.
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Any private citizen who has witnessed a sextortion being committed can also effect a private citizens arrest. This is another instance where an arrest can be made without a warrant. The private citizen must deliver the offender to the police station so that the case can be endorsed to the prosecutors office for inquest investigation. Preliminary Investigation This is what you can also do against an offender. You must understand that there are certain obligations on your part: 1. You may report to the barangay or directly to the police; 2. You may also seek assistance from the Public Attorneys Office (PAO), Integrated Bar of the Philippines (IBP), a law schools office of legal aid, a private law office, or an NGO to seek help in the preparation of your sworn statement or affidavit-complaint; 3. You can file a criminal complaint with the Prosecutors Office; 4. Once a complaint is filed, you must appear at the Prosecutors Office for the conduct of an inquest investigation or preliminary investigation; 5. Once an information is filed by the Prosecutors Office in court; you must coordinate with the public prosecutor in the handling of the case for the identification of other witnesses and the gathering of evidence; 6. You must appear and testify in court; and 7. You must help the public prosecutor prepare for the cross-examination of the offender and his/her witnesses. You must disclose all information you personally know about them. You must be aware that there might be some circumstance in your background which may be raised during your cross-examination. The following will illustrate the process taking place at the barangay, police, prosecutors office, and the court. These are the agencies you may encounter and work when you file a criminal report of sextortion:
TOOL-KIT ON SEXTORTION 15
Reporting Process at the Barangay Figure 1 below illustrates the process of reporting at the barangay level. The barangay will enter in its blotter the incident after which it will refer you to the police having territorial jurisdiction over the place where the incident happened. The barangay may also immediately refer you for medico-legal examination at the public hospital. It can also endorse you for emergency counseling, temporary shelter (if your safety is at risk), or other needs at DSWD or any NGO providing similar services.
If you are indigent, the barangay, on its own or upon your request, should issue a certification of indigency so you can avail of free legal assistance from the PAO, the IBP, office of legal aid of any law school, or any NGO providing legal services. If you are a woman-victim, there are NGOs that assist victims of violence against women and children. You may refer to the resource section of this toolkit for their contact details. Reporting Process at the Police Figure 2 below is the flowchart when you report to the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). If you decide to report to the NBI, please note that it will first conduct its own investigation by requiring all the parties to appear before an investigating agent before any case is forwarded to the prosecutors office. The police does not have this step and after a complaint is made and sworn statements are taken, the matter will be immediately endorsed to the prosecutors office.
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If the victim is a woman, a woman investigator must conduct the interview. The report should be entered in a police blotter separate from other complaints to protect the identity of the victim and ensure confidentiality. The police will refer the victim to a medico-legal officer for examination. The medico-legal report, however, is not a pre-requisite for the filing of a complaint by the police. If the medicolegal report has not yet been issued and there is an inquest investigation, the police may request the medico-legal officer to issue a certification explaining the delay (e.g., that the victim is undergoing several medical work-ups). Not all cases will have physical findings (e.g., presence of semen, fresh or healed lacerations, etc.) so the police should not base its complaint on the medico-legal report alone. If the victim needs temporary shelter or counseling, the police may refer the victim to an LGU/ DSWD social worker or an NGO for these services. Aside from the victims statement, the police must gather other evidence that may be helpful to the case. These may be statements of other witnesses, clothes, hair, and fingerprints of the victim and/or the perpetrator, electronic evidence (email, text messages, or any message sent by the perpetrator via social networking sites like Facebook, Twitter, Friendster), documentary evidence (photos, letters or fax messages), object evidence (videos, audiotapes, condoms, morning-after
pills, etc.). If appropriate, the police may also conduct a crime scene investigation of the place where the incident took place especially if the crime just happened. Please note that any crime scene investigation or search conducted more than 24 hours after a crime has been committed requires a warrant issued by a court. The police should base the complaint-affidavit on the statement of the complainant. It should not be based on the medico-legal report. It should not contain anything that is not true or is not correct just so that the facts conform to the required elements of the crime for which the offender will be charged. The statement must help build the case and not unnecessarily expose the complainant and witnesses to possible retaliatory suits of libel, perjury, etc. Once the PNP or NBI has endorsed the case to the Department of Justice (DOJ) or to the Prosecutors Office, it will have limited participation in the case. The investigators presence may or may not be required by the investigating prosecutor during the preliminary investigation. After the filing of the information, a court may issue a warrant of arrest. PNP or NBI can help arrest the accused. The investigating police officer will only participate in the trial if subpoenaed by the court. PLEASE NOTE IF THE CASE IS IN COURT: Only a court can issue a warrant of arrest which will direct the police to implement the arrest. A problem arises when the arresting officer colludes with the offender and makes it appear that the latter cannot be found in the address indicated in the warrant. To prevent this, a complainant may go with the arresting officer when serving the warrant of arrest. The complainant may determine whether the offender is in the place or not. The police has the duty to arrest. Emotions may run high. The mere sight of the offender may trigger violence on the part of the victim or complainant. Do not do anything that will give the accused an opportunity to file a retaliatory suit (e.g., physical injuries, oral defamation, grave slander) against the victim or the complainant.
Process at the DOJ or Prosecutors Office
A complaint may be directly filed with the DOJ or the Prosecutors Office with the help of a lawyer or a paralegal. In most instances, however, the case is filed with the help of law enforcement.
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Once a case is received at DOJ or at the Prosecutors Office, it is raffled to an investigating prosecutor. If the victim is a woman, the investigation must be conducted by a female prosecutor. The offender a.k.a. respondent will be notified that a case is filed against him/her and will be given a period of time within which to submit a counter-affidavit and other supporting evidence. If the offender submits a counter-affidavit, the complainant has the option of filing a reply-affidavit to answer the issues and defenses raised in the counter-affidavit. The offender will also have an option to submit a rejoinder-affidavit after which the case will be submitted for resolution. The offender need not appear and participate in the preliminary investigation. During the preliminary investigation, the investigating prosecutor can conduct a clarificatory hearing. A complainant who is not assisted by a lawyer may find this threatening. If a complainant cannot afford counsel, she is allowed to bring support persons with her. The investigating prosecutor must ensure that the procedure is not threatening and is understandable to all parties and their witnesses. The victim and her witnesses may request that the local dialect be used. The investigating prosecutor must explain to any party not assisted by counsel the process, the documents she is requiring them to sign (these are the minutes of the proceeding), and what the parties may next expect. If the prosecutor finds probable cause, a criminal Information will be filed in court. If the prosecutor dismisses the case, the victim may file a motion for reconsideration within ten (10) days from receipt of the prosecutors resolution. If no motion for reconsideration is filed, the victim can still file a petition for review with the Secretary of Justice within 15 calendar days from receipt of the prosecutors resolution. Please note that only a court can issue a warrant of arrest or a search warrant. Do not ask the prosecutor to do this. Procedure if offender is a public officer or government employee The procedure will be different if the offender is a public officer or government employee and he committed sextortion by abusing his power and authority. In this situation, the procedure will be as illustrated in Figure 4. In this case, the complaint will be investigated either by the DOJ/Prosecutors Office or by the Office of the Ombudsman following the procedure as shown in Figure 4. While DOJ and
20 TOOL-KIT ON SEXTORTION
Prosecutors Office may investigate the complaint, the investigating prosecutor will only proceed if deputized by the Office of the Ombudsman to investigate cases against public officers and employees. Even if a prosecutor has been deputized by the Office of the Ombudsman, the prosecutor may still refuse to investigate if the prosecutor has a heavy case load and because the Ombudsman personnel are more skilled in assessing cases involving public officers and employees. It would therefore be faster if the victim directly files the complaint at the Office of the Ombudsman to prevent unnecessary delay, because the Office of the Ombudsman, after conducting an investigation, may file two separate actions against the offender: a criminal case and an administrative case.
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The Office of the Ombudsman has its Central Office in Manila and offices in Visayas and in Mindanao. If the offender is a military officer or a member of any law enforcement agency (PNP, NBI, or Bureau of Jail Management and Penology), the complaint will be referred to the Military and Other Law Enforcement Offices (MOLEA) which is located in the Central Office of the Ombudsman. The procedure followed is similar to a preliminary investigation as shown in Figure 3. The only difference is that the assigned Ombudsman investigator first conducts a fact-finding should the complaint be filed anonymously and/or the evidence submitted is not sufficient to immediately warrant referral to a preliminary investigation. If the investigator finds the complaint baseless, it will be automatically dismissed. Otherwise, a preliminary investigation will be conducted where the parties will be given opportunity to submit evidence. Similarly, the Ombudsman investigator or investigating prosecutor may conduct a clarificatory hearing. If the Ombudsman investigator finds probable cause, the criminal case will be filed with either the Regional Trial Court (RTC) or the Sandiganbayan (SB). If the case involves a public officer whose salary grade is 27 and above, the proper court is SB. Criminal cases involving public officers or employees with salary grade 26 and below are tried at the RTC. Governors/mayors, vice-governors/vice-mayors, Sanggunian members (or councilors), and department heads (e.g., city treasurer, city assessor, city engineer, city health officer) are also tried before the SB. The Office of the Special Prosecutor (OSP) prosecutes cases filed with the SB. In some instances, the OSP may also enter its appearance in the RTC when a case involves high-profile private individuals whose co-principals and co-accomplices are public officers and employees with salary grade 26 and below. In other cases, DOJ, Prosecutors Office or the Ombudsman investigators will be the prosecutor. The procedure at the court level will be further explained below and illustrated in Figure 5. The purpose of a criminal case is to obtain a guilty verdict and the penalty of imprisonment. In some cases, the penalty may include dismissal from office and imposition of civil liability arising from the crime.
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The Court Trial Process

Contrary to a lay persons understanding, a criminal case does not start in court. The court or a judge only comes into the picture when the Prosecutors Office (or Office of the Ombudsman in cases involving public officers and employees) files the Information in court. Figure 5 below shows how a case normally progresses in court. The complainant must remember that a criminal case is prosecuted under the control and supervision of a public prosecutor. The complainant may retain the services of a private lawyer to act as a private prosecutor, under the control and supervision of the public prosecutor, and to protect the complainants right to monetary damages.
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Victims and complainants must be aware that the main obstacle in any court process is that the offender or accused or respondent may file various motions the denials or grants of which may be appealed all the way to the Supreme Court thereby causing delay. In criminal cases, the People of the Philippines is the accuser. Even though you are the victim, you merely act as one of the witnesses against the offender. Even without your testimony, the public prosecutor must exhaust all means to pursue the case by presenting other relevant evidence and witnesses. Of course, it would be easier for the People of the Philippines to prove the accuseds guilt beyond reasonable doubt if you appear and testify in court and share all information you know with the public prosecutor and the court. Bail is a matter of right for any accused before or after conviction by Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, and Municipal Circuit Trial Courts and before conviction by RTC on an offense not punishable by death, reclusion perpetua, or life imprisonment. Even in the latter situation, the court may still allow the accused to post bail if the evidence of guilt is not strong. During trial, the prosecution and the defense will each be given opportunity to present evidence. After the prosecution has presented its evidence, the defense may file a demurrer to evidence, which is a request to dismiss the case due to insufficiency of evidence. This is usually a dilatory tactic (especially when the accused is out on bail and courting the victim to agree to a settlement of the case) and part of psychological warfare to make the victim feel that the evidence is not strong. This is normally the time when the victim or the complainant desists or recants. The other possible stumbling blocks a victim or complainant may encounter are court delays due to many factors: the judge or the public prosecutor is attending a seminar, on leave, or sick; the judge has retired or promoted to a higher court or transferred to another sala; the defense counsel is indisposed, has met an accident, or attending an MCLE seminar; or there is a natural calamity (typhoons) or holiday, among others. To avoid delay, the victim or complainant may request the public prosecutor to move for a marathon hearing or require the implementation of the one-day hearing rule to expedite the receipt of the victims and witnesses testimonies. This strategy is particularly important in situations when one of the witnesses is being courted by the accused to turn against the victim or to recant.
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Lack of finances may also be an obstacle in the prosecution of the offense. The transcript of stenographic notes (TSNs) is an important documentation of the court proceedings. The TSN is the basis for decision or resolution of appealed cases. The victim may submit a certificate of indigency to exempt from payment of TSN costs charged by court stenographers. A sextortion case could also become high profile because of media, especially if a well-known personality is involved. The judge may issue a gag order to prevent the parties from discussing the case publicly. The judge may also order the case file protected to ensure confidentiality. The victim has a right to be heard in the judges chambers or to have the public excluded when giving testimony. It is important for all victims and complainants to remember what prompted them to seek justice. While conviction is always good, justice can likewise be exacted by the attention, education, and the awareness raising efforts generated by the case. The community will also learn how to investigate and manage sextortion cases to prevent further victimization.
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Administrative and Civil Cases Process

The victim or complainant has also the right to file administrative and civil cases against the offender. Figure 6 illustrates the procedure in administrative, criminal, and civil cases initiated against an offender who is a private individual. The criminal case process has been discussed above. A simplified flowchart is reflected in Figure 6 to help the victim or complainant appreciate how the three (3) remedies may simultaneously and independently proceed. In Figure 6, a civil case may be separately filed or may be instituted together with the criminal case. If separately instituted, it will be directly filed with the court. A lawyer is needed to do this and prove to the court that victim is entitled to monetary damages. If not filed separately, it is deemed instituted with the criminal case and the victim must present evidence to prove the extent of damage and injury suffered as a result of sextortion.
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In an administrative case, the goal is to have the offender disciplined (suspension, censure) or dismissed. The complaint will be filed with the human resource manager (HRM) of the personnel department at the offenders place of work. If the offender is a lawyer, a disbarment case may be filed with the Supreme Court which will direct the Integrated Bar of the Philippines (IBP) to investigate. Complaints against licensed professionals (doctors, social workers, teachers, engineers, architects, etc.) may be filed with the Professional Regulatory Commission (PRC). The complaint must be verified or subscribed to before a notary public or any administering officer. After its receipt, an investigation will proceed. If found guilty, the offender may be fined, suspended, transferred, or dismissed from his place of work. For lawyers, it may be payment of fine, suspension, or disbarment from the practice of law. For other licensed professionals, the penalty may be payment of fine, suspension or revocation of license to practice. The process of a criminal case filed by a private individual before the Office of the Ombudsman has been discussed above. Figure 7 shows the different venues where a public employee may appropriately file an administrative complaint against a fellow public officer or government employee. Figure 7 shows that the Ombudsman, PNP or NBI may commence the filing of a criminal investigation report before the prosecutor.
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If the offender is a public officer or government employee, the victim or complainant may file the complaint with the government office where the parties are working or with the Civil Service Commission. Each government office has a Committee on Decorum and Investigation (CODI) for sexual harassment and related cases. If the offender is a judge, court personnel, or employee, any person who is a victim of sextortion may file the administrative complaint with the Office of the Court Administrator at the Supreme Court of the Philippines. If found guilty in an administrative case, the public officer or government employee may be dismissed from public office, perpetually disqualified from running for any public office, and his retirement and other benefits may be forfeited. That is why in the administrative case, the hearing officer will be very careful in weighing all the evidence because even though there is no imprisonment, a dismissal from public office is a grave punishment akin to a criminal conviction. In the administrative case, the proceeding is not as formal compared to a criminal case proceeding. During the clarificatory hearing, the counsel of the offender may not directly ask the victim any question. The offenders counsel may submit a list of questions to the hearing officer. It is the latter who will ask the questions. Similarly, the hearing officer must ensure that the proceeding is understandable and not threatening to any of the parties. Please remember that as victim or complainant, you must always be vigilant. Be involved in the case. Be aware that the offender should be immediately placed under preventive suspension to deter him from influencing, harassing, and intimidating witnesses and manipulating evidence in his favor.
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WHAT THE COMMUNITY CAN DO TO END AND PREVENT SEXTORTION

The preceding discussions deal with naming, shaming and ending sextortion using the court processes. But prevention is better than cure. Below follows what the community and its various sectors can do to create awareness, sensitivity and advocacy to prevent and end sextortion. The following suggested measures and activities can be done towards this end:
Popularizing the law

The law is for the people and so the people must know the law. Laws are written in technical language and are difficult to understand by lay man. In many cases, even lawyers have difficulty applying and interpreting certain laws. There are many laws. And many laws are sometimes relevant to one issue. Such is the case with sextortion. For the community to understand and make use of laws, the laws have to be presented in a friendly, palatable, and popular manner. To ensure the active, effective and sustainable implementation of these programs, it is recommended that each local government unit utilize its Gender and Development (GAD) budget for this purpose. The following are recommendations to popularize laws relating to sextortion: 1. Komiks 2. Posters 3. Flyers 4. Brochures to be distributed to the community
5. Website for reporting sextortion cases (See Resources List for relevant websites.) 6. CDs / audiovisual presentations for distribution to radio stations, NGOs, community, government agencies 7. Events creating awareness on sextortion a. Logo-making contest b. Mobile theaters c. Puppet shows d. One-woman shows in bars and clubs (e.g., Vagina Monologues) 8. School education on the perils of texting and social networking 9. Education of Parents-Teachers Associations 10.Education of religious organizations 11.Hotline and text messaging 12.Placing of banners and warning signs at ports of entry in the country
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Media Campaign
Media can play a most important and significant role in expanding the reach of these community projects to end and prevent sextortion. 1. Ad campaign / Infomercials a. Lay mans terms, different dialects b. What is extortion, where to get assistance, where to file, etc. 2. Series of stories about sextortion a. Documentaries about sextortion, news stories 3. Use of tri-media (TV, radio, print) 4. Radio/TV guestings to explain/create awareness
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LIST OF RESOURCES
Hotline numbers Bureau of Jail Management and Penology Idial Kay Dial Hotline Tel: 9276383 Mobile: 09174641538; 09283309799 Civil Service Commission Patricia Luna, NCR Director Tel: 7348622 Alexis P. Talino, Director of Office of Legal Affairs, CSC Tel: 9318016; 9152625 or Mobile: 0917-TEXTCSO Department of Interior and Local Government (DILG) National Barangay Operations Office Tel: 9250771; 9205476 Fax: 9250328 Department of Social Welfare and Development Undersecretary Alicia R. Bala Tel: 9319131 Email: aibala@dswd.gov.ph Integrated Bar of the Philippines National Legal Aid Office 4th Floor IBP Blg. Doa Julia Vargas Ave., Ortigas Center, Pasig City Tel: 6313014; 6344697 Email: ibpsecretariat@ibp.ph
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National Bureau of Investigation Violence against Women and Children Division Tel: 5256028; 5238231 to 38 local 3403 Office of the Court Administrator Supreme Court of the Philippines P. Faura Street, Ermita, Manila Tel: 5237385; 5251238 Website: www.ops.gov.ph/supremecourt-dir.html Website: www.sc.judiciary.gov.ph Office of the Ombudsman Asst. Ombudsman Evelyn Baliton Susan Guillermo - Preliminary Investigation Administrative Adjudication Monitoring Office (PAMO) Tel: 9268784; 9262662; 9203783 Fax: 4267748 University of the Philippines College of Law Office of the Legal Aid Ground Floor, Malcolm Hall, UP Campus Diliman, Quezon City Tel: 9205514 loc. 105 or 203 Website: www.law.upd.edu.ph Women and Children Protection Center Aleng Pulis Hotline: 0919-7777377 Media GMA Imbestigador Sumbungan ng Bayan Tel: 9284713
NGOs Batis Center for Women 12-C Bayanihan St., West Triangle Homes, Quezon City Tel: 9257843 Buklod Center 23 Rodriguez St., Mabayuan, Olongapo City Tel: (047) 2235826 Fax: (047) 2236321 Child Protection Unit UP-PGH, Taft Avenue, Manila Tel: 5268418 Fax: 5242512 www.childprotectionnetwork.org ECPAT Philippines 123 V. Luna Ext., Sikatuna Village, Quezon City Tel: 9252803 Fax: 4331150 Website: wwwecpat.net Email: ecpatphi@i-manila.com.ph International Justice Mission 5th Flr. Emerald Bldg., F. Ortigas Center, Pasig City Tel (Cebu): (32) 2256286 Tel (Manila): 6373983 Fax: (Manila) 633-7707 Email: cebu@ijm.org Website:www.ijm.org
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Kanlungan 77 K-10th St., Kamias, Quezon City Tel: 9282384 Fax: 4330953 Email: info@kanlungan.ngo.ph Website: www.kanlungan.ngo.ph Lihok Pilipina 102 P del Rosario Ext., Cebu City Tel: (32) 2561341; 2548092 Fax: (32) 2548072 Email: lihok@mozcom.com Website: www.lihokpilipina.com Philippine Against Child Trafficking Rm. 316 Philippine Social Science Centre Commonwealth Ave., Diliman, Quezon City Tel: 355-4773; 929-0347, 0999-3055006 (exclusively for referral only) Fax: 9290347 Email: philippinecampaign@gmail.com SALIGAN Womens Unit Hoffner Bldg., Ateneo de Manila University Katipunan Avenue, Quezon City Tel: 4266124; 4266001 loc. 4858; 4265690 Email: saligan@saligan.org UP Center for Women Studies University of the Philippines Cor. Magsasay and Ylanan St Diliman, Quezon City Tel: 9206880; 9206950
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Visayan Forum Foundation, Inc. 18 12th Avenue, Bgy. Socorro 1109 Cubao, Quezon City Tel: 7090573; 7090711 loc. 104 Fax: 4219423 Website: www.visayanforum.org Womens Crisis Center 4th floor, Annex Ext. ER-TRAUMA Bldg. EAMC Tel: 9225235; 9267744 WomenLEAD Foundation #19 Naranghita Street, Project 2-A, Quezon City Women and Gender Institute (WAGI) Miriam College Katipunan Avenue, Quezon City 5805400 loc. 3590 Fax: 4359229 Email: wagi@mc.edu.ph Website: www.mc.edu.ph/centers/womengenderinstitute.html
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Philippine Toolkit Sextortion

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Philippine Toolkit Sextortion

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TOOL-KIT on SEXTORTION

Ending Sextortion .........................................................................................14

What the community can do to end and prevent sextortion..........................29

Extortion in different settings

Available Laws, Elements and Penalty

Acts of lasciviousness (Art. 336, Revised Penal Code)

*Prision correcional (6 months and 1 day to 6 years)

Qualified seduction (Art. 338, Revised Penal Code)

*Arresto mayor (1 month and 1 day to 6 months)

*Prision mayor (6 years and 1 day to 12 years)

White slave trade (Art. 341, Revised Penal Code)

*Prision mayor (med-max)

Forcible abduction (Art. 342, Revised Penal Code)

*Reclusion temporal (12 years and 1 day to 20 years)

Republic Act No. 9775Anti-Child Pornography Act of 2009

Obstacles Faced By Victims

Process at the DOJ or Prosecutors Office

The Court Trial Process

Administrative and Civil Cases Process

WHAT THE COMMUNITY CAN DO TO END AND PREVENT SEXTORTION

Popularizing the law

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