Report Defamatory Facebook Post Philippines

“Reporting a Defamatory Facebook Post in the Philippines”

A comprehensive legal guide as of 16 July 2025


1. Overview

Social-media defamation in the Philippines sits at the intersection of:

Pillar Key sources Why it matters
Criminal law Revised Penal Code (RPC) Arts. 353-362 (Traditional libel) · Cybercrime Prevention Act 2012 (RA 10175) §4(c)(4), §6 (Cyber-libel) · RA 10951 (2017 penalty adjustments) Determines whether posting is a crime, the elements, venue, period to sue, and penalties (now harsher online).
Civil remedies Civil Code Arts. 19-21 & 26 (abuse of rights / privacy) · Art. 33 (independent civil action for defamation) Lets the victim recover moral, exemplary, and sometimes actual damages even if the accused is acquitted criminally.
Constitution & jurisprudence Art. III §4 (free speech) balanced by “abuse of rights” · SC cases: Disini (2014), Tulfo (2021), Borjal (1995), Guingguing (2005) Clarifies “actual malice”, public-figure doctrine, and the validity of cyber-libel.
Procedural & evidentiary rules 2019 Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC) · Rules on Electronic Evidence (A.M. No. 01-7-01-SC) Cover preservation, authenticity, chain-of-custody, warrants for Facebook data.
Platform policy & takedown Facebook Community Standards (Defamation) & Law-Enforcement Guidelines Practical non-judicial removal route and evidence-retention channel.
Enforcement bodies DOJ-Office of Cybercrime (OOC) · NBI Cybercrime Division · PNP Anti-Cybercrime Group (ACG) · CICC Accept complaints, request data from Meta, execute warrants.

2. What counts as defamatory content online?

Under Art. 353 RPC, libel is:

  1. Defamatory imputation – any discredit to another’s reputation;
  2. Publication – communicated to a third person (posting on Facebook satisfies this);
  3. Identifiability – victim is identifiable even if not named;
  4. Malice – presumed in every defamatory imputation unless privileged; truth alone is insufficient without “good motives & justifiable ends.”

Cyber-libel (RA 10175 §4(c)(4)) is simply libel “committed through a computer system.” Section 6 increases the penalty by one degree (from prisión correccional min-med to prisión correccional max - prisión mayor min; 4 years, 2 months & 1 day – 8 years). Bail remains discretionary but usually granted.


3. Relevant Supreme Court guidance

Case G.R. No. / Date Take-away
Disini v. SOJ 203335 & 8 others, 18 Feb 2014 Upheld cyber-libel’s constitutionality but struck down aiding/abetting liability unless user has required malice.
Tulfo v. People 235366, 8 March 2021 Reiterated actual malice standard for public figures; upheld conviction where reckless disregard for truth shown.
Bonifacio v. RTC Manila 184800, 29 Apr 2019 Venue for cyber-libel may be where the offended party actually accessed the post.
Borjal; Guingguing 1995, 2005 Defined public figure and extended qualified privilege to fair commentaries on public interest.

4. Time bars & venue

  • Prescription: 1 year for traditional libel (Art. 90 RPC). For cyber-libel, SC (2021 Tulfo dicta) treats §6 penalty upgrade as not extending prescription; many prosecutors, however, use 15 years under RA 3326. File within 1 year to be safe.

  • Venue:

    • Traditional libel – RTC/MeTC where article was printed/first published or where offended party resided.
    • Cyber-libel – any RTC with cybercrime jurisdiction where the online post was first accessed by the victim or where they reside (Bonifacio rule).

5. Step-by-step practical roadmap

A. Immediate platform action

  1. Internal FB report – Click ••• > Find support or report > Defamation. Meta may geo-block or remove after review.
  2. Send a demand / Cease-and-Desist via Messenger or e-mail; screenshot proof-of-delivery.

B. Preserve evidence (crucial)

Task Details
Screenshots & screen-record Include URL, date/time in system tray, full comment threads.
Metadata capture Right-click timestamp → Copy link; keep the numeric post ID and user profile URL.
Notarization Execute a Narrative Affidavit of Capture; have the notary view the device while screenshots are taken (best practice).
Request preservation from Meta Through counsel, send a Law Enforcement Preservation Letter (LEPL) within 90 days of discovery; Meta holds data 90 days extendable once.

C. Decide the legal track

Track Where to file Usual timeline Highlights
Criminal cyber-libel Office of the City/Provincial Prosecutor → DOJ PI: 60-90 days; Court trial: 2-5 years Secures subpoena for FB data; possible arrest warrant; penalty includes imprisonment & fine.
Civil action (Art. 33) RTC (ordinary damages) or MeTC (≤ P300k) 1-3 years Independent; preponderance of evidence only; attach mental anguish receipts.
Protection order / anti-VAWC For intimate partner posts Barangay → RTC; 24-48 hrs issuance Orders takedown & no-contact; imprisonment if violated.
Administrative / PRC / PRB If the defamer is a licensed professional 3-6 months Suspension/revocation of license.

D. Evidentiary tools during investigation

  • Warrant to Disclose Computer Data (WCD) – subscriber info, logs.
  • Warrant to Intercept Computer Data (WICD) – live access (rare).
  • Warrant to Examine Computer Data (WECD) – imaging of devices.
  • Mutual Legal Assistance Treaty (MLAT) – DOJ-OOC channels request to Meta’s US office if data older than LEPL window.

6. Defenses available to the poster

  1. Truth + Good Motives / Justifiable Ends (Art. 361).
  2. Qualified privilege – fair & true report of official proceedings, fair comment on matters of public interest.
  3. Absolute privilege – legislative/judicial pleadings.
  4. Lack of malice – especially for private individuals; burden shifts back to complainant once malice in law is rebutted.
  5. Consent or waiver – complainant re-shared or consented to publication.

7. Penalties & collateral consequences

Violation Imprisonment Fine Ancillary
Traditional libel (Art. 355, RA 10951) Prisión correccional min-med (6 mos 1 day – 4 yrs 2 mos) ₱40 000 – ₱1 200 000 Subsidiary imprisonment if fine unpaid.
Cyber-libel (§6 RA 10175) One degree higher → Prisión correccional max – Prisión mayor min (4 yrs 2 mos 1 day – 8 yrs) Up to ₱1 600 000 May affect visas, professional licenses, firearms permits.
Civil damages Actual, moral, exemplary (amount proven) May be enforced against salaries, real property.

8. Strategic considerations for complainants

  1. Weigh jail vs. damages: Many opt for demand-letter + civil suit to avoid perceived harshness of criminal libel.
  2. Public-figure hurdle: If you are a public official or celebrity, prepare for the actual malice burden—gather proof of recklessness.
  3. Anti-SLAPP optics: Filing cyber-libel can trigger backlash; balance reputational benefit vs. “chilling-effect” criticism.
  4. Settlement leverage: Prosecutors often endorse mediation under DOJ Circular 61-2020; agree on public apology + deletion + nominal damages.
  5. Cross-border defendants: Expect delays—serve via Facebook Business Records Affidavit and MLAT; consider civil suit where assets exist.

9. Best practices to prevent liability when posting

  • Fact-check before sharing.
  • Add verifiable sources and words like “allegedly” where uncertainty exists.
  • Avoid blanket statements; opinion must be clearly opinion (“I think…”).
  • Refrain from reposting unverified rumors, as republication is fresh libel.
  • Use platform tools (audience selector, restricted lists) to limit exposure.

10. Key take-aways

  • A Facebook post can spawn simultaneous criminal and civil actions—the former now carries up to eight years’ imprisonment post-RA 10175/10951.
  • One-year filing window remains the safest benchmark until the Supreme Court definitively rules on cyber-libel prescription.
  • Preserving digital evidence immediately is critical; courts reject screenshots without proper authentication.
  • Filing with NBI Cybercrime Division or PNP-ACG speeds issuance of cyber-warrants and requests to Meta.
  • Truth is not enough—must be published with good motives and for justifiable ends, else malice may still attach.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and jurisprudence evolve; consult a qualified Philippine lawyer for advice on specific facts.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.