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Ruling: Rustan claims that he went to meet Irish because she asked him
The Court ruled in favor of petitioner with regard to the inclusion to help her identify a prankster who was sending her malicious
of the respondent spouses. text messages. Rustan got the sender's number and, pretending
to be Irish, contacted the person. Rustan claims that he got back
A provision of the said law expressly provides for the suppletory obscene messages from the prankster, which he forwarded to
application of the RPC (Section 47 of R.A. No. 9262), which Irish from his cellphone. According to him, this explained why
allowed legal principles developed in the RPC may be applied the obscene messages appeared to have originated from
in a supplementary capacity to crimes punished under special his cellphone number. Rustan claims that it was Irish herself
laws, such as R.A. 9262. who sent the obscene picture to him.
Citing jurisprudence, the court held that the “principle of The RTC found Irish's testimony completely credible, given in an
conspiracy under Article 8 of the RPC may be applied honest and spontaneous manner. The trial court found Rustan
suppletorily to R.A. No. 9262 because of the express provision guilty of the violation of Section 5(h) of R.A. 9262. The CA
of Section 47 that the RPC shall be supplementary to said law. affirmed the RTC decision and denied Rustan’s MR. Rustan filed
Thus, general provisions of the RPC, which by their nature, are a petition for review on certiorari before the SC.
necessarily applicable, may be applied suppletorily. Thus, the
principle of conspiracy may be applied to R.A. No. 9262. For
once conspiracy or action in concert to achieve a criminal design ISSUE:
is shown, the act of one is the act of all the conspirators”.
Furthermore, Section 5 of R.A. 9262 recognizes the acts of 1. Whether or not a "dating relationship" existed between
violence against women and their children may be committed by Rustan and Irish as this term is defined in R.A. 9262; and
an offender through another
2. Whether or not a single act of harassment, like the sending of
The maxim "expressio unios est exclusio alterius" finds no the nude picture in this case, already constitutes a violation of
application in the case at bar since it is only an "ancillary rule of Section 5(h) of R.A. 9262.
statutory construction” and not of universal application nor is it
conclusive. It should be applied only as a means of discovering
legislative intent when not plainly indicated. HELD:
1. YES. Section 3 (e) of R.A. 9262 taken together with Sec 5(h)
However, proving conspiracy is a matter of evidence and can be indicate that the elements of the crime of violence against
best decided after fullblown trial on the merits. women through harassment are:
When Rustan came, police officers intercepted and arrested 2. YES. Section 3(a) of R.A. 9262 punishes "any act or series of
him. They searched him and seized his Sony Ericsson P900 acts" that constitutes violence against women. This means that
cellphone and several SIM cards. While Rustan was being 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 foregoing, even if the laws of the Netherlands neither enforce a
would license isolated ones. What is obscene and injurious to parent’s obligation to support his child nor penalize the non-
an offended woman can of course only be determined based on compliance therewith, such obligation is still duly enforceable in
the circumstances of each case. Here, the naked woman on the the Philippines because it would be of great injustice to the child
picture, her legs spread open and bearing Irish's head and face, to be denied of financial support when the latter is entitled
was clearly an obscene picture and, to Irish a revolting and thereto.
offensive one. Surely, any woman like Irish, who is not in the
pornography trade, would be scandalized and pained if she sees 2. YES. The court has jurisdiction over the offense (R.A 9262)
herself in such a picture. What makes it further terrifying is that, because the foreigner is living here in the Philippines and
as Irish testified, Rustan sent the picture with a threat to post it committed the offense here.
in the internet for all to see. That must have given her a
nightmare.