In the digital age, the line between public sharing and private infringement has become increasingly blurred. In the Philippines, the unauthorized posting of an individual's face and name on social media is not just a breach of "netiquette"—it is a potential violation of several specific laws designed to protect privacy, reputation, and personal data.

1. The Right to Privacy: Constitutional Basis

The foundation for any legal action regarding unauthorized posting is the Right to Privacy. While not explicitly stated in a single sentence in the 1987 Constitution, the Supreme Court has consistently recognized the "right to be let alone" as a fundamental liberty emanating from the Bill of Rights, specifically the protection against unreasonable searches and seizures and the privacy of communication.

2. Key Applicable Laws

A. The Data Privacy Act of 2012 (Republic Act No. 10173)

The Data Privacy Act (DPA) is the primary shield against the unauthorized processing of personal information.

Definition: Your name and face (image) are considered "personal information."
The Violation: Processing (which includes collecting, recording, or uploading) this information without the explicit consent of the data subject is generally prohibited.
Personal Use Exception: It is important to note that the DPA generally does not apply to "personal, family, or household affairs." However, if the post is intended to harass, damage a reputation, or is used for commercial purposes without consent, the protections of the DPA can be invoked.

B. The Cybercrime Prevention Act of 2012 (Republic Act No. 10175)

If the unauthorized post includes false accusations or is intended to tarnish your reputation, it may fall under Cyber Libel.

Elements: For a case of Cyber Libel to prosper, the post must involve the allegation of a discreditable act, be malicious, be published (uploaded to social media), and the victim must be identifiable.
Penalty: Cyber Libel carries a higher penalty than traditional libel under the Revised Penal Code.

C. Civil Code of the Philippines

Under Article 26 of the Civil Code, every person shall respect the dignity, personality, privacy, and peace of mind of their neighbors and other persons. Specific acts that can lead to a cause of action include:

Prying into the privacy of another's residence.
Intriguing to cause another to be alienated from his friends.
Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defects, or other personal condition.

3. Remedies and Actions to Take

If your name and face have been posted without your consent, you have several legal and administrative avenues:

1. Administrative Complaint (National Privacy Commission)

If the unauthorized posting involves a violation of data privacy rights, you can file a formal complaint with the National Privacy Commission (NPC). The NPC can order the removal of the content and, in some cases, recommend the prosecution of the offender.

2. Criminal Case (Cyber Libel or DPA Violations)

Cyber Libel: You can file a complaint-affidavit with the Office of the City Prosecutor or the National Bureau of Investigation (NBI) Cybercrime Division.
DPA Violations: Unauthorized processing of personal information is a criminal offense under the DPA, punishable by imprisonment and substantial fines.

3. Civil Case for Damages

Under the Civil Code, you can file a case for Moral Damages if the unauthorized post caused you mental anguish, wounded feelings, or social humiliation. You may also seek Exemplary Damages to set an example for the public good.

4. Notable Defenses and Limitations

It is crucial to understand that not every unauthorized post is illegal. Courts often weigh the right to privacy against:

Public Interest/Public Figures: Public officials or celebrities have a narrower "expectation of privacy" regarding matters of public concern.
Newsworthiness: If the post is part of a legitimate news report or involves a matter of public importance, it may be protected under the freedom of the press.
Consent (Implied or Express): If you previously agreed to have your photo taken for a specific purpose, the context of that consent is vital.

5. Practical Steps for Victims

Document the Evidence: Take screenshots of the post, including the date, the content, the name of the uploader, and the number of shares/likes.
Preserve the URL: Copy the direct link to the post or the profile of the individual.
Report to the Platform: Use the "Report" function on Facebook, X (Twitter), or Instagram for privacy violations.
Demand Letter: Optionally, have a lawyer send a formal "Cease and Desist" letter to the individual demanding the immediate removal of the post.