Facts:

This case concerns a claim of commission of the crime of violence against women
when a former boyfriend sent to the girl the picture of a naked woman, not her, but with her
face on it. The accused named Rustan Ang, willfully, unlawfully and feloniously, in a
purposeful and reckless conduct, sent through the Short Messaging Service using his
mobile phone, a pornographic picture to the victim named Irish Sagud, who was his former
girlfriend whereby the face of the latter was attached to a completely naked body of
another woman making it to appear that it was said Irish Sagud. The victim was depicted
in the said obscene and pornographic picture thereby causing substantial emotional
anguish, psychological distress and humiliation to her. The accused alleged that one act of
sending an offensive picture should not be considered as form of harassment and
contended that there was no dating relationship existed between him and the victim in
order to violate the R.A. 9262.

Issue:
Whether or not the act of sending a picture to the victim 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?
Whether or not a dating relationship existed between Rustan and Irish as this term
is defined under R.A. 9262?

Ruling:
Yes. The Supreme Court ruled that Section 5 identifies the act or acts that constitute
violence against women and these include any form of harassment that causes substantial
emotional or psychological distress to a woman. Thus:
SEC. 5. Acts of Violence Against Women and Their Children. – The crime of violence
against women and their children is committed through any of the following acts:

h. Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:

xxxx

5. Engaging in any form of harassment or violence;

The above provisions, taken together, 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.

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 would license isolated ones.
Yes, there exist a dating relationship between Rustan and Irish.

"Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship.

FACTS: Petitioner Jesus Garcia (husband) admitted having an affair with a bank manager.
His infidelity emotionally wounded private respondent which spawned several quarrels that
left respondent wounded. Petitioner also unconscionably beat up their daughter, Jo-ann.

The private respondent was determined to separate from petitioner. But she was afraid he
would take away their children and deprive her of financial support. He warned her that if
she pursued legal battle, she would not get a single centavo from him. After she
confronted him of his affair, he forbade her to hold office. This deprived her of access to full
information about their businesses. Hence, no source of income.

Thus, the RTC found reasonable ground to believe there was imminent danger of violence
against respondent and her children and issued a series of Temporary Protection Orders
(TPO) pursuant to RA 9262.

Republic Act No. 9262 is a landmark legislation that defines and criminalizes acts of
violence against women and their children (VAWC) perpetrated by women's intimate
partners.

Petitioner hence, challenged the constitutionality of RA 9262 on making a gender-based

classification.

ISSUE: Whether or not RA 9262 is discriminatory, unjust, and violative of the equal
protection clause.

RULING: No. The equal protection clause in our Constitution does not guarantee an
absolute prohibition against classification. The non-identical treatment of women and men
under RA 9262 is justified to put them on equal footing and to give substance to the policy
and aim of the state to ensure the equality of women and men in light of the biological,
historical, social, and culturally endowed differences between men and women.

RA 9262, by affording special and exclusive protection to women and children, who are
vulnerable victims of domestic violence, undoubtedly serves the important governmental
objectives of protecting human rights, insuring gender equality, and empowering women.
The gender-based classification and the special remedies prescribed by said law in favor
of women and children are substantially related, in fact essentially necessary, to achieve
such objectives. Hence, said Act survives the intermediate review or middle-tier judicial
scrutiny. The gender-based classification therein is therefore not violative of the equal
protection clause embodied in the 1987 Constitution.