digested case re ra 9262

July 20, 2018 | Author: Linda Macajito Banayos | Category: Prosecutor, Ethical Principles, Public Sphere, Misconduct, Criminal Justice
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Digested case related to RA 9262 Rustan Ann vs CA and Sagud Facts Rustan Ann, a former boyfriend boyfriend of Irsih sagud sent to the the girl a picture of a naked woman with spread legs and with Irish’s face superimposed on the figure and text messaging shorthand, read: “ Madali lang  ikalat yun, my chatrum ang tarlac rayt pwede ring send sa lahat ng chatter”. Irish filed a case of the violation of Sec Sec 5 (h) of RA 9262. The RTC found Irish’s testimony completely credible, given in an honest and spontaneous manner. Thus the RTC found Rustan Guilty of said crime. Rustan appealed but denied, then raised the case to higher  court. Issue: whether or not accused 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.. and with the following subordinate issue. (1) Whether Whether or not a “dating “dating relationshi relationship” p” existed between between Rustan and Irish as this term is defined defined in R.A. 9262. (2) Whether or not a single act of harassment, like the sending of the nude picture in this case, already constitutes a violation of Section 5(h) of R.A. 9262 (3) Whether Whether or not the evidence evidence used to convict convict Rustan was obtained obtained from him in violation violation of his constitutional rights (4) Whether or not the RTC properly admitted in evidence evidence the obscene picture presented presented in the case. Rulling: 1. Dating relationship as defined in section 3 (e) “Dating relationship” refers to a situation wherein the parties live as husband husband and wife without the benefit of marriage marriage or are romantical romantically ly involved involved over time and on a continui continuing ng basis basis during during the course course of the relations relationship. hip. A casual casual acquaint acquaintance ance or ordinary ordinary socializa socialization tion between two individuals in a business or social context is not a dating relationship. 2. Section 3(a) of R.A. 9262 punishes “any act or series of acts” that constitutes violence against women. This means that a single act of harassment, which translates into violence, would be enough. The object of  the law is to protect women and children. Punishing only violence that is repeatedly committed committed would license isolated ones. 3. Prosecution did not present in evidence either the cellphone or the SIM cards that the police officers seized from him at the time of his arrest. The prosecution did not need such items to prove its case. Exhibit C for the prosecution was but a photograph depicting the Sony Ericsson P900 cellphone that was used, which cellphone Rustan Rustan admitted owning during during the pre-trial conference Moreover, Moreover, Rustan admitted having sent sent the malicious text messages to Irish. 4. The objection is too late since he should have objected to the admission of the picture on such ground at the time it was offered in evidence. He should be deemed to have already waived such ground for objection. Besides, the rules he cites do not apply to the present criminal action. The Rules on Electronic Evidence applies only to civil actions, quasi-judicial proceedings, and administrative proceedings. proceedings. The court AFFIRMED the decision of RTC.

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