Pp vs Dinamling

RICKY DINAMLING, Petitioner, v. PEOPLE OF THE PHILIPPINES,

FACTS:

Petitioner Ricky Dinamling and the woman AAA were in an ongoing five-year relationship and they had two common children . Dinamling started to evict AAA and the children for the reason that AAA was allegedly using the place as a “whore house” wherein she “brought her!partners. "n the past# Dinamling abused AAA by hitting her head # pull her hair and kick her. $hus# AAA AAA went to the police to report but she was told that it was a family problem that could be talked over.

%i& days later another incident occurred occurred at '''(s house wherein Dinamling Dinamling shouted and counted down down for AAA AAA to come out. )hen she came out# Dinamling punched her and shouted her family name and told her she was “good-for-nothing.” AAA AAA left for the barangay captain(s house# but Dinamling caught up with her and kicked her until she fell to the ground. AAA AAA stayed at her friend(s home until she felt some back pain in the ne&t morning. %he found out she was bleeding and about to miscarry miscarry so she was immediately brought brought to the hospital. $here# she was told that she was *+ weeks pregnant and had an incomplete abortion. %he was hospitali,ed for four days.  As a result of the above incidents# petitioner Ricky Ricky Dinamling was was charged in two two ! criminal "nformations in the the Regional $rial $rial 'ourt for violation of %ection i!# in relation to %ection /f! 0 of RA 1o. +/.  As a defense# Dinamling Dinamling claimed that he was on duty at the time the offenses were commited commited RTC Decision

Dinamling is guilty of both charges with the corresponding penalties. 2ut the defendant raised the issue to 'A. CA Decision

 Affirmed the R$' Decision with the the modification on on the penalty# penalty# by applying applying "ndeterminate "ndeterminate %entence 3aw ISSE

*.! )hether or not defendant is is criminally criminally liable under under RA+/ 4A 4A)'! )'! HELD:

5es 5es $he testimonies of AAA AAA are sufficient sufficient to establish the elements of the crime as defined in %ection i! of RA 1o. 1o. +/ and as alleged in the two "nformations filed against petitioner. $he provision of the law states6 %ection . Acts . Acts of Violence Violence Against Against Women and Their Their Children.Children.- $he crime of violence against women and their children is committed through an y of the following acts6 i! 'ausing 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 f inancial support or custody of minor thechildren or access to the woman(s child7children.

8rom the afore9uoted %ection i!# in relation to other sections of RA 1o. +/# the elements of the crime are derived as follows6 *! $he offended party is a woman and/or  her child or children:; ! $he woman is either the wife or former wife of the offender# or is a woman with whom the offender has or had a se&ual 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: ;! $he offender causes on the woman and7or child mental or emotional anguish: and 