G.R. No. 274842 - XXX,[1], VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE , in view of the foregoing facts and circumstances, accused [XXX is found] GUILTY beyond reasonable doubt for violation of Republic Act No.] 9262[,] [Section] 5(i) and is sentenced to suffer an indeterminate penalty of [six] months and [one] day of prision correccional , as minimum, to [eight] years and [one] day of prision mayor , as maximum. He is also ordered to (a) pay a fine in the amount of [PHP 100,000.00]; (b) to undergo mandatory psychological counseling or psychiatric treatment[.] . . . . SO ORDERED [.] [51] (Emphasis in the original) The FC found that all the elements of violation of Republic Act No. 9262, Section 5(i) were established beyond reasonable doubt. [52] The FC also ruled that the printouts of the subject Facebook post were properly identified and authenticated by showing its integrity and reliability. The FC considered the same as ephemeral electronic evidence as the subject Facebook post and subject Facebook account were already deleted. [53] Regarding the ownership of the subject Facebook account, the FC held: The evidence of [XXX] establishes, his present status and how he was treated by the family of xxxxxxxxxxxx . As to the [Facebook] post, he merely denied being the owner of the [Facebook] account or that he is working at that time. However, when confronted about the profile pictures he identified. . . he answered that it was the picture of [his eldest child with [VVV]. This was the same with [VVV], who denied knowing if [XXX] has a previous Facebook account; but when asked about [the profile pictures identified by petitioner], she identified the picture as their youngest son[.] [54] Thus, XXX appealed before the CA. [55] Ruling of the Court of Appeals The CA affirmed with modification the Decision of the FC. The dispositive portion of the CA Decision [56] reads: WHEREFORE , the Appeal is DENIED . The Decision dated January 3, 2022 of the Family Court of [Angeles City] in Criminal Case No. R-ANG-19-04079-CR , is hereby AFFIRMED with MODIFICATION . In addition to the directive for him to undergo a mandatory psychological counseling or psychiatric treatment, he must REPORT his compliance therewith to the court of origin within [15] days after the completion of such counselling or treatment. SO ORDERED.