The Supreme Court of the Philippines has issued a landmark ruling that makes posting derogatory comments about a former partner on social media a criminal act of psychological violence. This decision, which carries a penalty of up to eight years in prison, sets a powerful legal precedent for the digital age.
Digital Actions Constitute Psychological Violence
In a decision published on December 28, 2025, the High Court upheld the conviction of a man under Republic Act 9262, the Anti-Violence Against Women and Their Children Act (Anti-VAWC Law). The case involved a man who posted insults in Kapampangan on his public Facebook account targeting his ex-girlfriend.
The Court found that his posts, which called the woman a "dirty woman," "animal," and an "ugly evil spirit" while also threatening physical harm, caused her "extreme shame" and mental anguish. The justices emphasized that the public nature of social media platforms like Facebook amplifies the humiliation, fitting squarely within the law's definition of psychological violence.
The ruling clarifies that the platform used does not exempt an offender from liability. Any act committed by a person against a woman with whom he had a sexual or dating relationship, which causes psychological harm, is punishable under the Anti-VAWC Act, regardless of whether it occurs online or offline.
How the Court Proves Social Media Ownership
A common defense in online harassment cases is for the accused to deny owning the social media account used. To counter this, the Supreme Court established clear guidelines for proving authorship or ownership, making it harder for individuals to evade responsibility by hiding behind fake accounts.
Proof can be established through several means, including:
- An admission of ownership by the accused.
- Witnesses who saw the person accessing the account or composing the post.
- Content that contains private information known only to the offender.
- Consistent language patterns unique to the accused.
- Records from internet service providers or the social media platform itself.
- Forensic analysis of devices linking them to the account.
In this specific case, the Court rejected the man's claim that someone else might have used his photo. The Facebook account bore his full name and featured a profile picture of him with his child, which was deemed sufficient evidence of ownership.
Severe Penalties and a Stark Warning
The affirmation of the conviction comes with serious consequences. The Supreme Court sentenced the man to an indeterminate penalty of up to eight years of imprisonment. Beyond jail time, he was ordered to pay a fine of P100,000 and must undergo mandatory psychological counseling or psychiatric treatment.
This ruling serves as a critical warning to all social media users in the Philippines. It firmly establishes that online actions have real-world criminal consequences. The decision strengthens the protection for women and children by adapting the Anti-VAWC Law to address the modern realities of digital harassment and abuse.
