26/12/2025
The has laid down guideposts for proving who owns or controls a social media account in criminal cases.
In a Decision written by Associate Justice Ramon Paul L. Hernando, the SC’s First Division affirmed the conviction of an individual (###) for committing psychological violence under Section 5 (i) of the 𝘈𝘯𝘵𝘪-𝘝𝘪𝘰𝘭𝘦𝘯𝘤𝘦 𝘈𝘨𝘢𝘪𝘯𝘴𝘵 𝘞𝘰𝘮𝘦𝘯 𝘢𝘯𝘥 𝘛𝘩𝘦𝘪𝘳 𝘊𝘩𝘪𝘭𝘥𝘳𝘦𝘯 (𝘈𝘯𝘵𝘪-𝘝𝘈𝘞𝘊) 𝘈𝘤𝘵 against his ex-girlfriend (AAA) by posting derogatory statements about her on 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬.
The SC sentenced ### to up to eight years in prison, imposed a PHP 100,000 fine, and ordered ### to undergo psychological counseling or psychiatric treatment.
The SC stressed that in criminal cases, the prosecution must prove not only the elements of the crime but also the identity of the offender.
It explained that for crimes committed through social media, the basic features of the platform such as 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬, must be considered.
Noting that 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬 is widely used in the Philippines, the SC held that a 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬 account can easily be created by anyone claiming to be at least 13 years old with an email address or mobile number.
Once an account is created, the user can add friends, exchange private messages, and post statements, photos, or videos visible to others depending on the user’s privacy settings. Fake or dummy accounts can easily spread, enabling disinformation, identity theft, or crimes.
Given this, the SC ruled that guideposts are necessary to establish who owns or controls a social media account. It said the following must be shown to prove ownership or access:
1. Admission of ownership or authorship;
2. Being seen accessing the account or composing the post;
3. Containing information known only to the offender or a few people;
4. Language consistent with the offender’s characteristics;
5. Records from the internet service provider, telecommunications company, or social media site, and results from device forensic analysis showing geolocation features, and other attributes linking the account to the offender;
6. Acts consistent with previous posts; or
7. Other instances showing ownership, access, or authorship.
Applying these, the SC found that several factors proved ### wrote the 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬 post. The account name bore his full name, and the profile photo showed him with his child from his current live-in partner.
AAA’s sister had also received messages from the same account for years.
Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=158535.
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=158446.
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