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Ang V CA

Rustan Ang was charged with violating the Anti-Violence Against Women and Their Children Act (RA 9262) for sending his ex-girlfriend Irish Sagud a pornographic picture of her face superimposed on a naked woman's body. The trial court and appellate court found Rustan guilty. The Supreme Court affirmed, finding that Rustan and Irish had a dating relationship, sending the unsolicited picture constituted harassment under the law, and the picture caused Irish substantial emotional distress.

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134 views

Ang V CA

Rustan Ang was charged with violating the Anti-Violence Against Women and Their Children Act (RA 9262) for sending his ex-girlfriend Irish Sagud a pornographic picture of her face superimposed on a naked woman's body. The trial court and appellate court found Rustan guilty. The Supreme Court affirmed, finding that Rustan and Irish had a dating relationship, sending the unsolicited picture constituted harassment under the law, and the picture caused Irish substantial emotional distress.

Uploaded by

Lea Tiffany Laohoo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RUSTAN ANG VS.

COURT OF APPEALS and IRISH SAGUD


APRIL 20, 2010; G.R. NO. 182835

FACTS:
● Petitioner-accused Rustan Ang was charged of violating R.A. 9262 or the Anti-Violence Against
Women and Their Children for sending a pornographic picture to Irish Sagud, his former
girlfriend.
● Irish Sagud and Rustan Ang were classmates at Wesleyan University in Aurora Province. They
became “on-and-off” sweethearts towards the end of 2004. But, Irish decided to break up with
Rustan after learning that he had a live-in partner, whom he had gotten pregnant. Thereafter,
Rustan got in touch with Irish and convinced her to elope with him. Irish rejected the proposal
and changed her cellphone number. Nevertheless, Rustan got a hold of her number and sent her
text messages using two cellphone numbers.
● On June 2005, Irish received a picture of a naked woman with spread legs and with Irish’s face
superimposed on it. The sender’s number was one of the numbers that Rustan used before.
Rustan threatened Irish that it would be easy for him to create scandalous pictures of her and
spread it on the internet. Hence, Irish sought help from the Vice Mayor of Aurora and was
assisted by the police to contact Rustan. She asked Rustan to meet her at Lorentess Resort and
when he came, the police arrested him.
● The Regional Trial Court (RTC) found Rustan guilty of the violation of Section 5(h) of R.A. 9262.
The Court of Appeals (CA) denied his motion for reconsideration and affirmed the RTC decision.
Thus, Rustan filed the present for review for certiorari.

ISSUES:
Whether or not Rustan sent Irish by cellphone message the picture with her face pasted on the
body of a nude woman, inflicting anguish, psychological distress, and humiliation on her in violation of
Section 5(h) of R.A. 9262.

HELD:
Yes. The Court finds that the prosecution has proved each and every element of the crime
charged beyond reasonable doubt.

RATIO:
Section 3(e) taken together with Section 5(h) of R.A. 9262 indicate that the elements of the
crime of violence against women through harassment are:
1. The offender has or had a sexual or dating relationship with the offended woman;
2. The offender, by himself or through another, commits an act or series of acts of
harassment against the woman; and
3. The harassment alarms or causes substantial emotional or psychological distress to her.

1. Under Section 3(e) of R.A. 9262, a "dating relationship" includes a situation where the parties are
romantically involved over time and on a continuing basis during the course of the relationship. The
“dating relationship” that the law contemplates can exist even without a sexual intercourse taking place
between those involved. Rustan claims that their romance cannot be regarded as having developed
"over time and on a continuing basis” since it was of the “on-and-off” variety. But, Rustan himself admits
of their three-month relationship, which would be enough time for nurturing a relationship of mutual
trust and love.
2. Moreover, Section 3(a) of R.A. 9262 punishes “any act or series of acts" that constitutes violence
against women. Rustan argues that the one act of sending an offensive picture should not be considered
a form of harassment. However, it can be understood from Section 3 that a single act of harassment,
which translates into violence, would be enough.
3. The Court cannot measure the trauma that Irish experienced based on Rustan's low regard for the
alleged moral sensibilities of today's youth. Here, the naked woman in the picture, her legs spread open
and bearing Irish's head and face, was clearly an obscene picture and, to Irish a revolting and offensive
one. What makes it further terrifying is that, as Irish testified, Rustan sent the picture with a threat to
post it on the internet for all to see. Hence, it is clear that Rustan’s actions caused substantial emotional
anguish, psychological distress and humiliation to Irish Sagud.

In conclusion, the Court denies the petition of Rustan Ang and finds him guilty of the violation of R.A.
9262, affirming the decision of the Court of Appeals.

Source: https://www.lawphil.net/judjuris/juri2010/apr2010/gr_182835_2010.html

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