This article talks about an actual Supreme Court case where the accused, who demanded money from his ex-girlfriend in exchange for the deletion of sex videos, was convicted of robbery.
Relationships are unpredictable. One moment you are in bliss, the next day you are being blackmailed. Such harrowing nightmare happened in real life to a woman who, after breaking up with her married boyfriend, started receiving threats from the latter. The accused demanded money from the woman in exchange for deleting the sex videos. Initially, the woman ignored the threats. However, the accused hacked her account and posted a nude photo of her. Terrified that the accused might stay true to his threat, the woman gave the accused money. However, greed interceded and the accused further demanded money. Mustering her courage, the woman sought the help of the police and complained that she was being robbed or blackmailed. Thus, when the woman met the accused and gave him the money in exchange for the sex videos, the police swooped in and arrested the accused.
The case went to trial and when the same was elevated to the Supreme Court, the High Court affirmed the conviction of the accused for Robbery with Violence Against or Intimidation of Persons under Article 294(5) of the Revised Penal Code. Thus, in Tria vs. People of the Philippines (G.R. No. 255583, 02 August 2023), the Supreme Court held:
“Since the Information charging Tria with robbery did not allege any resultant death or bodily injury, Article 249(5) governs. It requires that: (a) there is personal property belonging to another; (b) that there is unlawful taking of that property; (c) the taking is with intent to gain; and (d) there is violence against or intimidation of persons.
Here, Tria demanded from AAA PI-IP 55,000.00 in exchange for the deletion of her nude photos posted on her Facebook page. She haggled until Tria agreed to reduce it to PHP 20,000.00, PHP 15,000.00 of which would be given to Tria while the remaining PHP 5,000.00 would pay for their hotel expenses. AAA reported the matter to the CIDG Anti-Cybercrime Group which arranged an entrapment operation against Tria. During the operation, AAA met with Tria at Gaisano Mall and handed him PHP 15,000.00 as agreed, resulting in Tria’s arrest.
Clearly, AAA was forced to part with her money in exchange for the deletion of her nude photos posted on her Facebook page. This is plain and simple robbery. Her compromising photos damaged and continued to damage her family life, reputation, and online business; thus, she felt she had no choice but to accede to Tria’s demands. The taking was deemed complete the moment Tria gained possession of her money. Meanwhile, Tria’s intent to gain is presumed.”
It bears noting that the penalty of robbery was increased to one degree higher since the accused used communication technologies in the commission of the crime. Thus, he was punished to suffer imprisonment ranging from 12 years, 5 months and 11 days TO 14 years, 10 months and 20 days.
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