Rustan Ang y Pascua vs The Honorable Court of Appeals and Irish Sagud

Rustan Ang y Pascua vs The Honorable Court of Appeals and Irish Sagud

GR No. 182835

April 20, 2010

Facts: The Public Prosecutor charged Rustan Ang a violation of the Anti Violence against Women and their Children Act when on or about June 5, 2005, Ang willfully, unlawfully and feloniously in a purposely and reckless conduct, sent through the Short Messaging Services using his to Mobile Phone a pornographic picture to one Irish Sagud who was his former girlfriend whereby her face was attached to a completely naked body of another woman making it to appear that it was her who is depicted in the obscene and pornographic picture thereby causing substantial emotional anguish, psychological stress and humiliation to the woman.

Irish Sagud and Rustan Ang were on “on and off”relationship. When Irish knew that Rustan Ang was about marry another woman whom he gotten pregnant, she broke up with him. Rustan Ang convinced her to elope with him but to no avail. Rustan thereafter sent a multimedia message service, a picture of a naked woman with spread legs and with Irish’s face superimposed on the figure using his cellphone number.

Irish filed a complaint against Rustan under RA 9262. The Regional Trial Court found Rustan guilty of the violation. This was further affirmed by the Court of Appeals.

Issue: Whether or not the obscene picture sent to the complainant is an electronic document which therefore should be authenticated before such can be admitted as an evidence?

Held: The Rules on Electronic Evidence applies only to civil actions, quasi- judicial proceedings and administrative proceedings and therefore the authentication requirement should not be applied in the case at hand for its criminal in nature.