DEAR PAO,
I had a long-term partner, and after five years of being in a relationship, I decided to end it. Two years after our separation, he continued to message me and stalk me on my social media platforms, so I decided to block him. After that, he began messaging my family and friends, asking about my whereabouts and threatening them by saying that he would harm me if I continued to ignore him. He also posted on his Facebook profile that I should hide myself properly because if he finds me, he will definitely kill me. If I file a case against him, can I use the messages he sent through social media and his social media post as evidence?
Ilana
Dear Ilana,
The answer to your question can be found in the case of XXX, vs. People of the Philippines (GR 274842. Oct. 22, 2025), wherein the Supreme Court, through Associate Justice Ramon Paul Hernando, articulated the governing principles for the establishment of the identity of a social media account in criminal prosecutions. “It is settled that in criminal cases, the prosecution must prove not only the elements of the crime charged but also the identity of the perpetrator of the crime. Even if the commission of the crime is established, there can be no conviction without proof of identity of the culprit beyond a reasonable doubt.”
In the said case, the Court reiterated the fundamental rule that, in criminal proceedings, the prosecution bears the burden of proving beyond reasonable doubt not only the essential elements of the offense charged but also the identity of the accused as the perpetrator thereof. Jurisprudence is settled that even where the commission of the crime is duly established, a conviction cannot ensue absent proof beyond reasonable doubt as to the identity of the offender.
Corollary thereto, the Court laid down definitive guideposts for determining ownership of, access to, or authorship of a social media account, post, or private message in the context of crimes and offenses committed through digital platforms. For purposes of establishing beyond reasonable doubt, the identity of the perpetrator, the fact of social media account ownership or access, as well as authorship of a social media post or private message, may be proven by any of 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.“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.”In your case, for any criminal action to prosper, it is necessary not only to establish the commission of the alleged unlawful acts, namely, that there are threats against you and publication of defamatory or libelous statements, but likewise to prove, beyond reasonable doubt, the identity of the perpetrator. Thus, it is indispensable to prove that your former partner owns, controls, or has access to the social media account used to issue the threats and to publish the defamatory statements. Without proof that your former partner is or was connected to the account, he cannot be held criminally liable, even if the unlawful messages are proven to exist.
We hope that we were able to answer your queries. This advice was based solely 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.
