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Monday, December 5, 2016

Dinamling v People (2015)

RICKY DINAMLING v. PEOPLE OF THE PHILIPPINES

G.R. No. 19952 June 22, 2015

Facts:

Petitioner Ricky Dinamling was charged in two criminal information for violation of R.A. No. 9262. It is
alleged in the information that he feloniously inflicts psychological violence upon a woman with whom
he has two children, resulting to mental and emotional anguish and public humiliation by repeated
verbal and emotional abuse consisting of several bad and insulting utterance directed against the victim.
Dinamling pleaded not guilty to both charges.

Issue:

Whether or not the petitioner is guilty of violation of RA No. 9262.

Ruling:

The elements of the crime are;

(1) The offended party is a woman and/or her child or children

(2) The woman is either the wife or former wife of the offender, or is a woman with whom the offender
has or had a sexual or dating relationship, or is a woman with whom such offender has a common child.
As for the woman’s child or children, they may be legitimate or illegitimate, or living within or without
the family abode.

(3) The offender causes on the woman and/or child mental or emotional anguish; and

(4) The anguish is caused through the acts of public ridicule or humiliation, repeated verbal and
emotional abuse, denial of financial support or custody of minor children or access to the children or
similar acts or omissions.

In this case, the elements have been proven and duly established. It is undisputed that thevictim is a
woman who has then in a five-year ongoing relationship with Dinamling and had two common children.
The woman is often in fear of petitioner due to latter’s physical and verbal abuse.

Psychological violence is an element of violation of Section 5 (RA No. 9262) just like the mental or
emotional anguish caused on the victim. It is the means employed by the perpetrator, while mental or
emotional anguish is the effect caused to or the damage sustained by the offended party. To establish
psychological violence as the element of the crime, it is necessary to show proof of commission of any of
the acts enumerated in Section 5(i) or similar acts. And to establish mental or emotional anguish, it is
necessary to present a testimony of the victim as such experiences are personal to this party.

In fact, neither the physical injuries suffered by the victim nor the actual physical violence done by the
perpetrator are necessary to prove the essential elements of the crime as defined in Section 5(i) of RA
9262. The only exception is, as in the case at bar, when the physical violence done, petitioner
Dinamling's acts of publicly punching, kicking and stripping her pants and underwear, although obvious
acts of physical violence, are also instances of psychological violence since it was alleged and proven that
they resulted in the victim’s public ridicule. Accused is alleged to have caused the mental and emotional
suffering; in which case, such acts of physical violence must be proven. In this instance, the physical
violence was a means of causing mental or emotional suffering. As such, whether or not it led to actual
bodily injury, the physical violence translates to psychological violence since its main effect was on the
victim's mental or emotional well-being.

(SOURCE: PALS 2016, Prepared by: Dean Gemy Lito L. Festin and the students of Polytechnic University of
the Philippines)

Victor Morvis

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