In XXX v. People of the Philippines, GR No. 274842, October 22, 2025, a case involving a Facebook post which ripened into a conviction for violation of Republic Act 9262 that reached the Supreme Court, and which the Court affirmed, the Court discussed social media, particularly Facebook, and its use in crimes, and the difficulty of ascribing ownership to social media postsor messages and provided a guidepost for establishing ownership of Facebook accounts in the context of crimes.
“Social media are internet-based platforms that “enable online interaction and facilitate users to generate and share content.” Social networking sites is one classification of social media platforms. Facebook falls under said category.
Facebook remains a widely used social media site in the Philippines. It is a voluntary social network to which members register, share information such as thoughts and photographs, and interact with other members.
This Court takes discretionary judicial notice that in the Philippines, a Facebook account can be easily created by any person claiming to be at least 13 years of age who has an email address or mobile phone number.
Once a Facebook account is created, the user can add other users as friends and exchange private messages with them. The user can also post statements, photos, or videos, “which can be made visible to anyone, depending on the user’s privacy settings.” The user’s friends can like and comment on posts visible to them. The user may access their Facebook account by entering the following log-in credentials: (a) username, email address, or mobile phone number; and (b) password. Considering the susceptibility of Facebook accounts to hacking, they may be protected through built-in security features such as two-factor authentication and log-in alerts.
Furthermore, posts and private messages in Facebook can be deleted. For private messages, users have the option to delete their private message not only for them but also for their recipients. Facebook accounts can be easily deactivated or deleted by the user. Once a Facebook account is permanently deleted, all its posts will also be deleted but its private messages will be stored in the recipients’ inboxes.
The ease by which a Facebook account can be created allows the proliferation of fake or dummy accounts, i.e., accounts “created in one person’s name by someone else or by a person using a pseudonym.” Fake accounts can be used for surveillance and entrapment operations, the spreading of disinformation, identity theft, among others. They can also be utilized to falsely incriminate people or, as illustrated below, to facilitate the commission of crimes. (Citaitons omitted)
XX
“In view of the foregoing disquisition, it is opportune for the Court to provide guideposts in establishing the fact of ownership of or access to a social media account, in the context of crimes and offenses committed through social media.
For purpoaes 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:
- The perpetrator admits ownership of or access to the social media account, or admits authorship of the social media post or private message.
- Th1perpetrator is seen accessing or using the social media account, or is seen composing, posting or sending the social media post or message.
- 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.
- 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.
- 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 should have had access to such device. In no case, however, should the foregoing records, geolocation features, search history or hard drive examinations 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.
- The perpetrator acts in such a manners consistent with the post or private message previously or contemporaneously posted or sent thought the social media account;
- 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.