THIRD DIVISION
G.R. No. 199522, June 22, 2015
RICKY DINAMLING, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
PERALTA, J.:
Criminal Case No. 1701:Upon arraignment, Dinamling pleaded Not Guilty to both charges. Thereafter, the cases were tried jointly.8chanrobleslaw
That on or about the evening of March 14, 2007, at XXX, Ifugao, the above-named accused did then and there willfully, unlawfully and feloniously inflict psychological violence upon AAA, a woman with whom he has two common children, resulting to mental and emotional anguish and public ridicule or humiliation by repeated verbal and emotional abuse consisting of several bad and insulting utterances directed against the victim and a feeding bottle being thrown against the latter in anger.
CONTRARY TO LAW, with the offense being attended by the special qualifying aggravating circumstance of the victim being pregnant at the time.
Criminal Case No. 1702:
That on or about the evening of March 20, 2007 at XXX, Ifugao, the above-named accused did then and there willfully, unlawfully and feloniously inflict psychological violence upon AAA, a woman with whom he has two common children, resulting to mental and emotional anguish and public ridicule or humiliation by boxing the victim on the head, kicking her at the back and removing her pant (sic) and panty (sic).
CONTRARY TO LAW, with the offense being attended by the special qualifying aggravating circumstance of the victim being pregnant at the time.chanroblesvirtuallawlibrary
None of the above-mentioned exceptions, however, are cited by the petitioner as a ground to grant his petition. But even assuming arguendo, and in the interest of substantial justice, that any of the exceptions above were indeed invoked, as the petition alleges that the appellate court failed to give weight to petitioner's defenses of denial and alibi as well as to his stance that the testimony of Dr. Diaz exculpates him from the crime, this Court, upon a close examination of the case records, still found no error in the appellate court's finding of guilt in petitioner.
(1) When the factual findings of the Court of Appeals and the trial court are contradictory; (2) When the conclusion is a finding grounded entirely on speculation, surmises or conjectures; (3) When the inference made by the Court of Appeals from its findings of fact is manifestly mistaken, absurd or impossible; (4) When there is grave abuse of discretion in the appreciation of facts; (5) When the appellate court, in making its findings, went beyond the issues of the case, and such findings are contrary to the admissions of both appellant and appellee; (6) When the judgment of the Court of Appeals is premised on a misapprehension of facts; (7) When the Court of Appeals failed to notice certain relevant facts which, if properly considered, would justify a different conclusion; (8) When the findings of fact are themselves conflicting; (9) When the findings of fact are conclusions without citation of the specific evidence on which they are based; and (10) When the findings of fact of the Court of Appeals are premised on the absence of evidence but such findings are contradicted by the evidence on record,15
AAA also stated that the baby that she claims was aborted would have been her third child with Dinamling. She also testified about always being afraid of Dinamling, even fearing the sound of his motorcycle as that signalled that she or her children would be abused. She previously filed with the police a complaint for physical injuries but nothing came of it. Later, she learned from Dinamling that he had been discharged as a policeman.18chanrobleslaw
Q. Specifically inviting your attention to that incident in the evening of March 14, 2007, could you please tell the court what transpired? A. In the evening of March 14, 2007, somewhere around seven or eight o'clock in the evening, I was letting my kids sleep (w)hen (Dinamling) came with a friend. They had a drinking spree and x x x he started to evict us from that boarding house because according to him, I (was) using that boarding house as a whore house (by) bringing in partners, et cetera to that boarding house. That (was) why he was letting us out of it. And he even told me that if I (had) no travelling bag, I (could) use the basura (garbage) bag outside and I (could) use the carton where he placed the ducklings to pack our things and leave the place. That night, I (did) not know how to carry them out and I was waiting for him to stop talking and leave but he never left us up to the time he threw the feeding bottle of my baby outside that caused it to break and that was also the time I decided to go to the house of BBB because it is the place where my landlady (was) staying. x x x x Q. You mentioned of a feeding bottle. A. He threw it outside, Sir. Q. How did you feel as regards these actuations of the accused that evening? A. That is worst. He was inflicting pain (on) me but that time it was directed (at an) innocent individual and that is very painful. Q. Personally, did you feel distressed or stressed or fearful at the time the accused was acting that way? A. When he started acting that way, I fear(ed) he would again inflict those pain (on) us. Q. So when you went to the house of BBB, what happened next? A. x x x He (BBB) went to fetch the kids and came home with one of the kids but to my dismay, even the milk of my baby was not there any more; that night because it was around 11:00 o'clock, we had to use the feeding bottle of BBB's son together with the milk because when they went to fetch the kids, the milk was gone. Q. Was the incident on March 14, 2007 the first time or it happened (sic) previously? A. It happened previously. Those were the time(s) that (I was) prompted to go back home and to my relatives for protection but he (came, followed) us where we (went). Q. In those previous incidents before March 14, 2007, what did he do, if any? A. There are times he did that in public. He usually starts hitting my head, pulls my hair kicks me and there was a time I went to the police station but they said that (it) is some kind of family problem that we could talk xxx over and so it was left that way. I thought leaving him would be the best thing to do but he kept on following us.16 x x x x Q. I am inviting your attention to that incident of March 20, 2007. Will you please tell the court what happened that late afternoon or early evening? A. I was at the house of CCC waiting for a friend because of what happened on March 14, 2007 when we left the boarding house. x x x x Q. What transpired thereat, when you were at that place? A. After sometime, around 9 o'clock, (Dinamling) came and shouted words that (on) final count, (I) should be out of that place. Q. And what else happened? A. After shouting, he boxed me at the left ear. Q. What transpired next? A. (T)hen I felt there was blood in my ear. I followed him outside and I inquired (as to) why he (kept on) following us when we (already) left the boarding house and then he started shouting at me, shouting my family name, x x x x that I (was) good for nothing and that I (could) sue him (in) court and he (would) pay me. So I said “I thought when we already left, you were at peace with yourself already.” When I was going down, going to the barangay captain's house, he followed me. When I tried to go back, he kicked me. He pulled my pants down and pulled even my panty and he said x x x he (did) that to me because I was worthless. Q. (At) what particular spot did the accused pull down your pants and your panty? A. Front of CCC. Q. What was that spot, road or backyard? A. Road. Q. Could you describe the place? Were there houses nearby, that road, that spot where he pulled down your pants and panty? A. There is a small store and people were looking at us. There are houses above and then one of them told me he saw but he is afraid to come out. Q. Was it already dark (at) that time? A. Dark but then there was a street light near the residence. Q. Was it still early evening? A. Yes, sir. Q. About what time? A. Around 9 o'clock. Q. After pulling down your pants and your panty along that road, what else happened? A. He threw my pants and panty back to me and he left shouting at me, my family name. It is very hurting because my family (had) nothing to do with this. x x x x Q. And what happened the following day? A. I stayed at my friend's house then at 5:00 o'clock early morning of March 21, there was pain at my back. That night when he kicked me, there was pain at my back. I said I (would) just go tomorrow for medication but I did not reach the day because I was bleeding. When I went to the bathroom, there (was) blood so I said I think I am going to abort. There (was) blood already so I decided to go to bath before I (went) to the hospital but when I went to take a bath, I already had profuse bleeding so they (had) to carry me with the use of a blanket to the hospital.17
Section 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:chanRoblesvirtualLawlibraryFrom the aforequoted Section 5(i), in relation to other sections of RA No. 9262, the elements of the crime are derived as follows:chanRoblesvirtualLawlibraryx x x x
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman's child/children.chanroblesvirtuallawlibrary
As for the first case, Criminal Case No. 1701, filed against petitioner Dinamling, the elements have been proven and duly established. It is undisputed that AAA, as the victim, is a woman who was then in a five-year ongoing relationship with petitioner Dinamling. At that time, AAA and Dinamling had two common children. AAA was often in fear of petitioner due to the latter's physical and verbal abuse. In the evening of March 14, 2007, an incident occurred in which she and her children were actually evicted by Dinamling from a boarding house. Dinamling, in the presence of his own friend and the children, accused AAA of using the boarding house as a “whore-house” and alleged that AAA brought sexual partners in that place. Dinamling further humiliated AAA by telling her to pack her clothes in a trash bag and in a carton box used to pack ducklings. He then threw a baby bottle outside and broke it. This forced AAA to hastily leave even without her children. Dinamling also left and took with him the elder child and left the baby behind. AAA had to ask for her friends to fetch the children but the latter found only the baby. According to AAA and her mother DDD, that incident was not an isolated one, as similar incidents had happened previously.
(1) The offended party is a woman and/or her child or children;23 (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;24 (3) The offender causes on the woman and/or child mental or emotional anguish; and (4) The anguish is caused through 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 such acts or omissions.25
All such acts were committed while in full view and hearing of the public, highlighting the public ridicule and humiliation done on AAA and causing her mental and emotional pain. AAA's suffering is so much that even the sound of petitioner's motorcycle would put fear in her.
a) by calling and counting down on AAA for the latter to come out of the house where she was staying; b) by punching AAA at the left ear upon seeing her; c) by shouting AAA's family name and calling her “good-for-nothing;” d) by saying that AAA could sue him but he would just pay her; e) by kicking AAA to the ground and then pulling off her pants and underwear (panty) and calling her worthless; f) by throwing the pants and panty back at AAA while shouting AAA's family name as he left.
Section 3(a)Psychological violence is an element of violation of Section 5(i) just like the mental or emotional anguish caused on the victim. Psychological violence 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 an element of the crime, it is necessary to show proof of commission of any of the acts enumerated in Section 5(i) or similar such acts. And to establish mental or emotional anguish, it is necessary to present the testimony of the victim as such experiences are personal to this party.30 All of this was complied with in the case at bar.
x x x x
C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.chanroblesvirtuallawlibrary
a) AAA was hospitalized at the said hospital from March 21 to March 24, 2007;The witness testified that she herself typed the medical certificate and had it signed by Dr. Baguilat.44 Dr. Baguilat, however, was unable to testify, due to the alleged distance of the court from his current place of work.45 Instead of Dr. Baguilat, it was Dr. Mae Codamon-Diaz, an obstetrician-gynecologist of the Ifugao Provincial Hospital, who testified that the medical certificate indicated that AAA was pregnant, but that her incomplete abortion might or might not have been caused by her “mauling.”46 Dr. Diaz added that the anemia was caused by profuse bleeding, while the contusion and hematoma were caused by a fall, trauma, blow or impact to the patient's body.47 When cross-examined, Dr. Diaz stated that other possible causes of abortion include infection of the reproductive organ or urinary tract infection and intake of strong medicines, while another cause of anemia is malnutrition.48chanrobleslaw
b) AAA had an incomplete abortion secondary to the mauling, and;
c) AAA had anemia, contusion, hematoma and abrasion of the left elbow.43
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:ChanRoblesVirtualawlibraryFor this crime, pregnancy or the presence of the woman's child are aggravating circumstances which increase the imposable penalty, thus, they must be alleged and proven with competent evidence for the penalty to be properly imposed.50chanrobleslaw
x x x x
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.49
1) | in Criminal Case No. 1701, petitioner Ricky Dinamling is ORDERED to serve to an indeterminate sentence of imprisonment of two (2) years, four (4) months and one (1) day of prision correccional as minimum to eleven (11) years of prision mayor as maximum. He is, likewise, ORDERED to PAY a fine of one hundred thousand pesos (P100,000.00) and to undergo psychological counseling; |
2) | in Criminal Case No. 1702, petitioner Ricky Dinamling is hereby ORDERED to serve an indeterminate sentence of imprisonment of six (6) years of prision correccional as minimum to twelve (12) years of prision mayor as maximum. He is also ORDERED to PAY a fine of one hundred thousand pesos (P100,000.00) and to undergo psychological counseling. |
SO ORDERED.
Velasco, Jr., (Chairperson), Villarama, Jr., Perez,*** and Reyes, JJ., concur.
Endnotes:
*** Designated Acting Member in lieu of Associate Justice Francis H. Jardeleza, per Raffle dated June 17, 2015.
1 Penned by Associate Justice Japar B. Dimaampao, with Presiding Justice Andres B. Reyes, Jr. and Associate Justice Jane Aurora C. Lantion, concurring, rollo, pp. 73-86.
2Id. at 97-98.
3 The real names of persons (other than the accused) and places or any other information tending to reveal the identity of the private complainant and those of her immediate family or household members are withheld in accordance with Republic Act No. 9262, or the Anti-Violence Against Women and their Children Act of 2004 (Sec. 44); Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (Sec. 29); A.M. No. 04-10-11-SC, known as “Rule on Violence Against Women and Their Children,” effective November 15, 2004, (Sec. 40); and the case of People v. Cabalquinto, 533 Phil. 703, 705-709 (2006). See also Dabalos v. Regional Trial Court, G.R. No. 193960, January 7, 2013, 688 SCRA 64.
4Rollo, pp. 13-14; TSN (Direct examination of AAA), November 27, 2007, pp. 3-6; Cross examination of AAA, id., at 16.
5Id. at 14; id. at 6-8.
6Id.; id. at 8-10.
7 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:ChanRoblesVirtualawlibraryx x x x(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman's child/children.chanroblesvirtuallawlibraryx x x x
Sec. 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:chanRoblesvirtualLawlibrary(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.8Rollo, pp. 12-13.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.chanroblesvirtuallawlibrary
9 TSN (Direct and cross-examination of Ricky Dinamling), March 5, 2009, pp. 2-7.
10 Later lowered by the RTC in its Order dated September 17, 2009 for Crim. Case No. 1701. Acting on the petitioner's motion for reconsideration, the RTC reversed its finding of the existence of the aggravating circumstance of pregnancy and applied the Indeterminate Sentence Law and modified the penalty to a minimum of prision correccional in its medium period of two (2) years four (4) months and one (1) day to a maximum of prision mayor in its medium period of ten (10) years. It also imposed a fine of P100,000.00 and ordered the accused to undergo psychological counseling. Rollo, pp. 48-49; RTC records, Crim. Case No. 1701, pp. 149-150.
11Id. at 17-19.
12 RULES OF COURT, Rule 45, Sec. 1, in relation to Rule 122, Secs. 2(c) and 3(e) and Rule 125, Sec. 2; Tan v. People, 604 Phil. 68, 78 (2009).
13National Power Corporation v. Court of Appeals, 479 Phil. 850, 865 (2009), citing Inland Trailways, Inc. v. Court of Appeals, 325 Phil. 457 (1996).
14Id., citing Fuentes v. Court of Appeals, 335 Phil. 1163 (1997); Merencillo v. People, 549 Phil. 544 (2007); People v. Bautista, 628 Phil. 145, 152 (2010).
15Salcedo v. People, 400 Phil. 1302, 1308-1309, citing Fuentes v. Court of Appeals, 335 Phil. 1163 (1997); Castillo v. Court of Appeals, 329 Phil. 150 (1996); Solid Homes, Inc. v. Court of Appeals, 341 Phil. 261, (1997).
16 TSN (Direct examination of AAA), November 27, 2007, pp. 3-6.
17Id. at 6-9.
18Id. at 10-14; AAA spoke of a similar complaint filed against Dinamling by another woman but it is unclear whether this was the reason for his dismissal from the police service.
19Almeda v. Court of Appeals, 336 Phil. 621, 629-630 (1997); People v. Pacuancuan, 452 Phil. 72, 81 (2003).
20 TSN (Direct examination of DDD), April 29, 2008, pp. 3-7. It is unclear if this miscarriage is the same one mentioned in AAA’s testimony, or is another earlier incident.
21Id. at 4-5.
22 TSN (Cross examination of DDD), April 29, 2008, p. 7.
23 In relation to Sec. 3(a), RA 9262.
24Id.
25 Any of the acts enumerated in No. 4 comprise this element and they are a “means” or way of causing mental or emotional anguish, per the definition of “psychological violence” found in Sec. 3(a)(C), id., to wit:chanRoblesvirtualLawlibrarySection 3(a)26Manantan v. People, 558 Phil. 104, 116 (2007).
x x x x
C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. (Emphasis supplied.)
27People v. Buendia, 373 Phil. 430, 437 (1999).
28People v. Ayupan, 427 Phil. 200, 208-209 (2002).
29Id.
30 Proof of mental anguish as a component of moral damages is herein applied by analogy. Jurisprudence holds that mental anguish is proven by the testimony of no other person than the victim because it is personal to him. Mental anguish, serious anxiety, wounded feelings and other emotional and mental suffering are proven only by the victim himself/herself taking the witness stand and testifying. (Mahinay v. Velasquez, 464 Phil. 146, 149 [2004]). There must be a clear testimony on the anguish and other forms of mental suffering. Thus, if the plaintiff fails to take the witness stand and testify as to his/her social humiliation, wounded feelings and anxiety, moral damages cannot be awarded. Kierulf v. Court of Appeals, 336 Phil. 414, 431-432 (1997).
31Rollo, p. 15; TSN (Direct examination of Ricky Dinamling), March 5, 2009, pp. 2, 4.
32Id.; id. at 2-5.
33 Cross examination of Ricky Dinamling, id. at 6.
34People v. Nelmida, G.R. No. 184500, September 11, 2012, 680 SCRA 386, 421.
35People v. Castillo, 641 Phil. 570, 590 (2010).
36People v. Rodrigo, 586 Phil. 515, 541-542 (2008).
37Id.
38Nerpio v. People, 555 Phil. 87, 95 (2007).
39People v. Agomo-o, 389 Phil. 617, 640 (2000).
40People v. Madeo, 617 Phil. 638, 660 (2009).
41People v. Ramos, 358 Phil. 261, 285 (1998); Gulmatico v. People, 562 Phil. 78, 89 (2007).
42People v. Bravo, G.R. No. 185282, September 24, 2012, 681 SCRA 607, 623.
43Rollo, p. 15; TSN (Direct and cross examination of Mary Lydia Allaga), July 27, 2008, pp. 2-4
44 Cross examination of Mary Lydia Allaga, id. at 3-4.
45 Records, pp. 84-85.
46 TSN (Direct examination of Dr. Mae Codamon-Diaz), October 2, 2008, p. 2.
47Id. at 3.
48Id. at 4-5, Cross examination of Dr. Mae Codamon-Diaz.
49 Emphasis supplied.
50People v. Abello, 601 Phil. 373, 396-397 (2009).
51 RULES OF COURT, Rule 124, Sec. 11, in relation to Rule 125, Sec. 1; Ko Bulin v. Court of Appeals, 204 Phil 211, 220-221 (1982), also De Castro, J. Dissenting, at 225-226; People v. Las Piñas, 427 Phil. 633, 641 (2002); People v. Moreno, G.R. No. 92049, March 22, 1993, 220 SCRA 292, 307.
52People v. Paragas, 434 Phil. 124, 129-130, 146-147 (2002); People v. Sayaboc, 464 Phil. 824, 843-844 (2004); RULES OF COURT, Rule 110, Secs. 8 and 9.
53People v. Demate, 465 Phil. 127, 147-148 (2004); People v. Malinao, 467 Phil. 432, 454 (2004).
54 Where the special law adopted penalties from the Revised Penal Code, the Indeterminate Sentence Law will apply just as it would in felonies. (Sanchez v. People, G.R. No. 179090, June 5, 2009, 588 SCRA 747).
55Guillermo v. People, 579 Phil. 127, 144 (2008).
56 See supra note 10.chanroblesvirtuallawlibrary