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 admitted owning during the pre-trial conference.
Actually, though, the bulk of the evidence against him consisted in Irish’s testimony that she received
the obscene picture and malicious text messages that the sender’s cellphone numbers belonged to
Rustan with whom she had been previously in communication. Indeed, to prove that the cellphone
numbers belonged to Rustan, Irish and the police used such numbers to summon him to come to
Lorentess Resort and he did.12 Consequently, the prosecution did not have to present the
confiscated cellphone and SIM cards to prove that Rustan sent those messages.
Moreover, Rustan admitted having sent the malicious text messages to Irish.13 His defense was that
he himself received those messages from an unidentified person who was harassing Irish and he
merely forwarded the same to her, using his cellphone. But Rustan never presented the cellphone
number of the unidentified person who sent the messages to him to authenticate the same. The RTC
did not give credence to such version and neither will this Court. Besides, it was most unlikely for
Irish to pin the things on Rustan if he had merely tried to help her identify the sender.
Four. Rustan claims that the obscene picture sent to Irish through a text message constitutes an
electronic document. Thus, it should be authenticated by means of an electronic signature, as
provided under Section 1, Rule 5 of the Rules on Electronic Evidence (A.M. 01-7-01-SC).
But, firstly, Rustan is raising this objection to the admissibility of the obscene picture, Exhibit A, for
the first time before this Court. 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.14
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.15
In conclusion, this Court finds that the prosecution has proved each and every element of the crime
charged beyond reasonable doubt.
WHEREFORE, the Court DENIES the petition and AFFIRMS the decision of the Court of Appeals in
CA-G.R. CR 30567 dated January 31, 2008 and its resolution dated April 25, 2008.
SO ORDERED.
ROBERTO A. ABAD
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
PRESBITERO J. VELASCO, JR.
Associate Justice
ARTURO D. BRION
Associate Justice
JOSE PORTUGAL PEREZ
Associate Justice