In an era where our digital footprint is as significant as our physical presence, the rise of "posers"—individuals who create fake accounts using another person’s name and photos—has become a pervasive threat. In the Philippines, this isn't just a violation of social media terms of service; it is a punishable offense under several laws.

If you find yourself a victim of a fake Facebook account or unauthorized photo posting, here is a comprehensive guide to your legal remedies.

1. The Primary Legal Framework: The Cybercrime Prevention Act of 2012 (R.A. 10175)

The most potent weapon against digital impersonation is Republic Act No. 10175. Under this law, the act of "Identity Theft" is specifically addressed.

Computer-related Identity Theft (Section 4(b)(3)): This involves the intentional acquisition, use, misuse, transfer, possession, or dissemination of identifying information belonging to another person, without right.
The Penalty: Violators face Prision Mayor (6 years and 1 day to 12 years imprisonment) and/or a fine of at least ₱200,000.

If the fake account is used to spread lies or ruin your reputation, the perpetrator can also be charged with Cyber Libel.

2. Privacy Violations: Data Privacy Act of 2012 (R.A. 10173)

The unauthorized posting of your photos—especially if they contain personal or sensitive information—is a breach of the Data Privacy Act.

Unauthorized Processing: Using your images without consent constitutes the processing of personal information for unauthorized purposes.
Malicious Disclosure: If the photos are posted with the intent to cause harm or for a malicious purpose, the penalties are even more severe, including both imprisonment and hefty fines.

3. Civil Code Remedies: Damages

Beyond criminal charges, you can file a civil case for Damages under the Civil Code of the Philippines.

Article 26: This article protects every person's dignity, personality, privacy, and peace of mind. It specifically mentions "prying into the privacy of another's residence" and "vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition."
Moral Damages: You can seek compensation for the emotional distress, mental anguish, and besmirched reputation caused by the fake account.

4. Step-by-Step Action Plan

If you discover a fake account using your likeness, follow these steps to build your case:

Preserve Evidence (The Most Critical Step): * Do not just report and delete.

Take screenshots of the profile URL, the "About" section, and the specific posts or photos.
Ensure the screenshots show the date and time.

Report to the Platform: Use Facebook’s internal reporting tool for "Impersonation." This may lead to the account being taken down, but it does not constitute legal action.
File a Report with Law Enforcement:

PNP Anti-Cybercrime Group (PNP-ACG): They have specialized units to track IP addresses and digital trails.
NBI Cybercrime Division (NBI-CCD): Similar to the PNP, they can conduct a formal investigation to identify the person behind the account.

National Privacy Commission (NPC): If the issue involves a massive breach of your personal data or a refusal by a platform to act, you can file a formal complaint with the NPC.

5. Jurisprudence: The "Discerning Eye"

The Philippine Supreme Court has increasingly recognized the "Right to Informational Privacy." Even if your photos are set to "Public" on your own profile, this does not grant others the right to download them and create a new, deceptive persona. The intent to deceive is the "gist" of identity theft.

Note: "Public" settings on social media are not a waiver of your right to your own identity.

Summary of Remedies

Law	Offense	Primary Remedy
R.A. 10175	Identity Theft / Cyber Libel	Criminal Prosecution (Jail time/Fines)
R.A. 10173	Data Privacy Violation	Administrative Fines / Criminal Case
Civil Code	Violation of Privacy/Dignity	Civil Case for Moral/Exemplary Damages

Would you like me to draft a formal Demand Letter or a Cease and Desist notice that you can use to warn the individual operating the fake account?