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Threating to publish libel and offering to prevent publication for compensation, A356 Revised Penal Code

Threatening to publish libel and offering to prevent publication for compensation is also known as blackmail.

1. Concept

Threatening to publish libel and offering to prevent publication for compensation is also known as blackmail.

a. Legal basis

Art. 356. Threatening to publish and offer to prevent such publication for a compensation. - The penalty of arresto mayor or a fine from Forty thousand pesos (P40,000) to Four hundred thousand pesos (P400,000), or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other member of the family of the latter, or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration. (As amended by R.A. 10951)

(Revised Penal Code)

2. Mode of commission

The following is the mode of committing the offense:

1) Threating to publish libel and offering to prevent publication for a compensation

a. Mode 1: Threatening to publish and offering to prevent publication for compensation

Elements of the offense of threating to publish libel and offering to prevent publication for a compensation:

1) The offender threatens another to publish a libel;

2) The libel concerns the other persons or their parents, spouse, child, or other member of the family of the latter; and

3) The offender offers to prevent the publication of such libel for a compensation or money consideration. (REVISED PENAL CODE, Artic...

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