17/07/2026
The Supreme Court has ruled on a higher penalty for the infliction of psychological violence committed with the use of Information and Communications Technology (ICT) pursuant to the Section 6 of the Cybercrime Prevention Act of 2012.
In the landmark ruling of ### vs. People of the Philippines (G.R. No. 274842), the Supreme Court applied one-degree higher penalty of an individual (###) for committing psychological violence by posting derogatory statements on Facebook against his ex-girlfriend (AAA) under Section 5 of Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004.
The offense involved posting abusive and humiliating public statements against his former partner on Facebook. During the trial, ### denied ownership of the Facebook account and the authorship of the subject post. The Court reiterates the guidelines to establish ownership of or access to a social media account in criminal proceedings, which includes but not limited to the following:
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 character;
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 the previous posts; or
7. Other instances showing ownership, access, or authorship.
In this case, the authorship of the subject Facebook account and post has been established and proved through demonstrating the use of ###’s real name and photo, long history of personal use, and communication indicating the knowledge of the parties’ relationship.
Read the full text of the case at https://sc.judiciary.gov.ph/?p=168968
Disclaimer:
This post is for informational and educational purposes only and does not constitute formal legal advice.
Originally published by the Supreme Court Public Information Office.
https://www.facebook.com/100080445101466/posts/1088986110459549/?app=fbl
