Ang vs.

Court of Appeals
2010 | J. Abad |

DOCTRINE:

CASE SUMMARY: Rustan Ang was charged of the crime of violation of Section 5(h) of the Anti-Violence
Against Women and Their Children Act (RA 9262) Act by sending Irish Sagud, his former “on-and off
again” sweetheart, a picture of a naked woman with spread legs and with Irish’s face superimposed on
the figure inflicting anguish, psychological distress, and humiliation on her. Court denied the petition
for review on certiorari and affirmed the decision of the Court of Appeals.

FACTS:
 Rustan Ang and Irish Sagud were “on-and-off again” sweethearts. Irish ended their relationship after
finding out Rustan has taken a live-in partner (now his wife), whom he had gotten pregnant.
 After the break-up, Rustan contacted Irish to convince her to elope with him before he gets married. Irish
rejected his proposal and changed her phone number, but Rustan was able to get a hold of it and
continued sending her text messages against Irish’s wishes to leave her alone.
 Irish received through multimedia messages (MMS) a of a naked woman with spread legs and with her
face superimposed on the figure. The sender’s cellphone number was one of the numbers Rustans used.
The photo was followed by a text message from Rustan that said it would be easy for him to create
similarly scandalous pictures and spread the picture though the internet though a chatroom based in
Tarlac.
 Irish sough the help of Vice Mayor Aurora who referred her to the police. Under the police supervision,
Irish contacted Rustan through the cellphone number he used in sending the picture and his text
messages. Irish requested to meet Rustan at Lorentess Resort.
 When Rustan arrived at Lorentess Resort, the police arrested, searched, and seized his cellphone and
several SIM cards.
 Rustan claims that he went to meet Irish to help her identify a prankster who was sending her malicious
text messages. Rustan claims that he got the prankster’s number and contacted the person as Irish. He
then got the obscene messages from the prankster, which he forwarded to Irish from his cellphone. He
claims that this is the reason why the obscene messages was sent from his cellphone number.
 Irish filed a case in violation of Sec 5(h) of RA 9262 [Elements of the crime of violence against women
through harassment]. The RTC found her testimony to be credible and charged Rustan Ang of the crime
of violence against women through harassment
 Rustan filed a motion for reconsideration, but denied, then raised the case to the higher court.
ISSUE/S:
1. W/N Rustan is guilty of sending Irish the picture with her face pasted on the body of a nude woman
causing substantial emotional and psychological distress thus committing the crime of violence against
women through harassment. [VIOLATION OF SEC.5] –YES (PRINCIPAL ISSUE)
1.1 W/N a “dating relationship” existed between Rustan and Irish -- YES
1.2 W/N a single act of harassment, like sending of the nude picture, already constitutes a violation of
the RA 9262 –YES
1.3 W/N evidence against Rustan was obtained in violation of his constitutional right -NO
1.4 W/N RTC properly admitted in evidence the obscene picture in this case [Picture should have been
authenticated by means of an electronic signature because it is an electronic document]
HELD:
 Rustan fulfilled each and every element of the crime charged as stipulated in Section 5 of RA 9262
o Rustan had a dating relationship with Irish, the offended woman. The parties were
romantically involved overtime and on a continuing basis during the relationship. Dating
relationship can exist without sexual intercourse takingg place between those involved. The
parties on and off relationship does not mean their relationship was not on a continuing basis.
[Defined in Sec. 3]
o Rustan commited an act or series of acts of harassment against Irish Sagud. A single act of
harassment, which translates into violence [caused substantial emotional or psychological
distress] would be enough.
o Rustan’s harassment caused Irish substantial emotional and psychological distress. Photo
was clearly obscene and she was threatened with the spread of the photo.
 Evidence against Rustan was obtained from Irish’s testimony that she received the obscene photos from
Rustan’s cellphone number, the success of entrapment operation, Rustan’s admission of sending the
malicious text messages to Irish. The cellphone and the SIM cards sized by the police at the time of his
arrest where not presented as evidence.
 Rustan should have objected at the time the picture was offered as evidence. The rule he cited, the Rules
on Electronic Evidences, only applies to civil actions, quasi judicial proceedings, and administrative
proceedings.

DISPOSITION: The court DENIES the petition and AFFIRMS the decision of the CA.