Dear PAO,
I would like to file a case against my ex-boyfriend who posted defamatory remarks in his social media account against me. When I confronted him on the matter, he denied being the author of the posts and even denied owning the social media account, despite the fact that his picture appears on the profile of the said account. How can I establish the ownership of that social media account?
-Dura
Dear Dura,
Cyber libel is an offense punishable under Section 4(c)(4) of Republic Act 10175, or the Cybercrime Prevention Act of 2012, which provides that:
“Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act: xxx
“(c) Content-related offenses: xxx
“(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”
Crimes have become more sophisticated with the advent of technological advancements in our daily lives. Libel can now be committed through the use of computer system or social media and it has become a challenge to identify the perpetrator. However, in XXX vs. People of the Philippines, GR 274842, Oct. 22, 2025, the Supreme Court, through Associate Justice Ramon Paul Hernando, has enumerated the circumstances that may establish the identity of the perpetrator in a cyber libel case, viz.:
“For purposes of establishing beyond a reasonable doubt the identity of the perpetrator of the crime or offense committed through social media, the fact of social media account ownership or access, and the fact of authorship of a social media post or private message, may be established by: direct or circumstantial evidence, including but not limited to the following:
“1. The perpetrator admits ownership of or access to the social media account, or admits authorship of the social media post or private message.
“2. The perpetrator is seen accessing or using the social media account, or is seen composing, posting or sending the social media post or private message.
“3. The social media post or private message contains information known only to the perpetrator or a few people, or that only the perpetrator could be expected to say or know.
“4. The perpetrator posts or communicates using the social media account consistent with a unique manner, language pattern or other distinctive characteristics indicating their authorship of the said post or communication.
“5. The records of the ’internet service provider or telecommunications company, the records of a social media site, geolocation features, the results from an examination of the search history or hard drive of the perpetrator’s device, or a social media forensics authorship attribution report show that: (i) the social media account is owned or accessed by the perpetrator; (ii) the social media account is connected to the perpetrator’s email address, mobile number or other social media accounts; or (iii) the social media post or private message originated from the perpetrator’s computer, laptop, mobile phone or similar device, under circumstances in which it is reasonable to believe that only the perpetrator would have had access to such device. In no case, however; should the foregoing records, geolocation features, search history or hard drive examination results, or investigation reports be indispensable in establishing the fact of social media account ownership or access; or the fact of authorship of a social media post or private message.
“6. The perpetrator acts in such a manner consistent with the post or private message previously or contemporaneously posted or sent through the social media account.
“7. Other pieces of evidence showing that the perpetrator is the owner of or has access to the social media account, or that the perpetrator is the author of the social media post or private message.”
Applying the above-quoted decision to your situation, the identity of the perpetrator of cyber libel may be proved by either direct or circumstantial evidence. Your ex-boyfriend’s picture appearing on the profile of the social media account who posted defamatory remarks is one circumstance which can be combined with the above-enumerated circumstances to establish that indeed your ex-boyfriend authored or published the defamatory social media post against you.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
