A ruling was issued by the Supreme Court (SC) that a statement in the criminal information that psychological violence was inflicted through Facebook constitutes a sufficient allegation of the use of information and communications technology (ICT) as a qualifying circumstance.

The high bench said such an allegation, if proven during trial, warrants the imposition of a penalty higher by one degree, pursuant to Section 6 of Republic Act (RA) 10175 or the Cybercrime Prevention Act of 2012.

In a resolution penned by Associate Justice Ramon Paul Hernando dated 29 June 2926, the SC’s First Division affirmed with modification its 22 October 2025 assailed decision, which upheld the conviction of an individual for committing psychological violence against his ex-girlfriend by posting derogatory statements about her on Facebook.

One degree higher

The SC, however, resolved to raise the penalty by one degree, considering that the offense was committed through Facebook, as adequately alleged in the information and established during trial.

The court said the pair were in a relationship for three years when the woman became pregnant. He proposed to her, but she refused because of their problems. She raised their daughter alone, living with her parents.

The Family Court and the Court of Appeals found him guilty, rejecting his mere denials. Both courts noted that he and his live-in partner were able to identify the people in the profile photo.