25/07/2026
The (SC) has ruled that the infliction of psychological violence, if done through Facebook, is considered done through information and communications technology, which warrants the imposition of a higher penalty pursuant to Section 6 of RA 10175 or the 𝘊𝘺𝘣𝘦𝘳𝘤𝘳𝘪𝘮𝘦 𝘗𝘳𝘦𝘷𝘦𝘯𝘵𝘪𝘰𝘯 𝘈𝘤𝘵 𝘰𝘧 2012.
In a Resolution penned by Associate Justice Ramon Paul L. Hernando, the SC’s First Division affirmed with modification its October 22, 2025 Decision (assailed Decision), which upheld the conviction of an individual (###) for committing psychological violence under Section 5(i) of Republic Act (RA) No. 9262, or the 𝘈𝘯𝘵𝘪-𝘝𝘪𝘰𝘭𝘦𝘯𝘤𝘦 𝘈𝘨𝘢𝘪𝘯𝘴𝘵 𝘞𝘰𝘮𝘦𝘯 𝘢𝘯𝘥 𝘛𝘩𝘦𝘪𝘳 𝘊𝘩𝘪𝘭𝘥𝘳𝘦𝘯 𝘈𝘤𝘵 𝘰𝘧 2004 (Anti-VAWC Act) against his ex-girlfriend (AAA) by posting derogatory statements about her on Facebook.
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.
AAA filed the VAWC case against her former partner ### after he posted a statement on Facebook calling her a dirty woman and an animal, and threatening to box her when he sees her. He repeated the insults in the comments to the post, which was public.
During trial, AAA presented screenshots of the Facebook post and testified that she had created for ### the Facebook account which made the post. Her two siblings testified that the account was ###’s and that they received messages from him through the same account.
Despite ###’s denial, the SC, in its assailed Decision, affirmed the decisions of the Family Court and the Court of Appeals (CA) convicting ###, stressing that in criminal cases, the prosecution must prove not only the elements of the crime but also the identity of the offender. The SC also upheld the penalty imposed by the CA, consisting of imprisonment for six months and one day to eight years and one day, a fine of PHP 100,000, and psychological counseling or psychiatric treatment.
Resolving ###’s Motion for Reconsideration, the SC held that ###’s authorship of the Facebook post was established beyond reasonable doubt, using the guideposts it established in its assailed Decision:
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.
The authorship of the Facebook post and all the elements of psychological violence having been established, the SC said Section 6 of the 𝘊𝘺𝘣𝘦𝘳𝘤𝘳𝘪𝘮𝘦 𝘗𝘳𝘦𝘷𝘦𝘯𝘵𝘪𝘰𝘯 𝘈𝘤𝘵 𝘰𝘧 2012 applies, which mandates the imposition of a penalty higher by one degree for crimes and offenses committed using ICT. The use of ICT can enable offenders to evade liability, reach more victims, or cause greater harm.
Citing the definition of ICT, the Court ruled that social media platforms, such as Facebook, qualify as ICT systems because they allow users to generate, send, receive, store, and process electronic data messages through computers, mobile phones, or similar electronic devices.
In this case, the Information alleged that ### made the Facebook post using his "Facebook Messenger Account… which was set to public view." The SC ruled that this statement constitutes a sufficient allegation of the use of ICT as a qualifying circumstance. Even if the term "ICT" was not stated, the Information adequately informed ### that he is being charged of inflicting psychological violence upon AAA through Facebook, which falls under the contemplation of an ICT system.
The allegation was established by the prosecution during trial.
Thus, the Court increased the penalty by one degree from six months and one day to eight years and one day to imprisonment of six years and one day to 14 years, eight months, and one day, but retained the fined PHP 100,000. He was likewise ordered to undergo psychological counseling or psychiatric treatment.
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=168987
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=168968
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