Fake socmed accounts

Dear Atty. Angela,

My ex-boyfriend has been posting demeaning and cruel statements about me on Facebook and is already inflicting psychological violence. He is saying nasty things in his public post like I am a dirty woman, posting past private photos of us, and is threatening to hurt me. I filed a complaint against him for violation of RA 9262 or the Anti-Violence Against Women and Their Children (Anti-VAWC) Act. He denied making those posts or owning the Facebook account despite admitting that the profile photo was him. He claimed that someone may be using his photo to create a fake account. How can I prove that it was really him?

Kris

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Dear Kris,

In criminal cases, the prosecution must prove not only the elements of the crime but also the identity of the offender must be proved. Crimes committed through social media, Facebook in this case, we must consider the platform’s basic features.

In the case of XXX v. People, G.R. No. 274842, 22 October 2025, the Court 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.

In your case, applying these guidelines, you must prove that your ex-boyfriend was the one who wrote and posted in his Facebook account.

When you are able to establish that he made the said posts, and after all the elements of psychological violence under RA 9262 are shown to be present, he would be made liable under the law.

Atty. Angela Antonio