Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 193960

January 7, 2013

KARLO ANGELO DABALOS y SAN DIEGO, Petitioner,
vs.
REGIONAL TRIAL COURT,BRANCH 59, ANGELES CITY (PAMPANGA), REPRESENTED BY
ITS PRESIDING JUDGE MA. ANGELICA T. PARAS-QUIAMBAO; THE OFFICE OF THE CITY
PROSECUTOR, ANGELES CITY (PAMPANGA); AND ABC,1 Respondents.
DECISION
PERLAS-BERNABE, J.:
The Court will not read into Republic Act (RA) No. 9262 a provision that would render it toothless in
the pursuit of the declared policy of the State to protect women and children from violence and
threats to their personal safety and security.
Before the Court is a petition for certiorari and prohibition assailing the Orders dated September 13,
20102 and October 5, 20103 of the Regional Trial Court (RTC) of Angeles City, Branch 59 in Criminal
Case No. 09-5210 which denied petitioner’s Motion for Judicial Determination of Probable Cause
with Motion to Quash the Information.
The Facts
Petitioner was charged with violation of Section 5(a) of RA 9262 before the RTC of Angeles City,
Branch 59, in an Information which states:
That on or about the 13th day of July, 2009, in the City of Angeles, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, being then the boyfriend of the
complainant, x x x did then and there willfully, unlawfully and feloniously use personal violence on
the complainant, by pulling her hair, punching complainant’s back, shoulder and left eye, thereby
demeaning and degrading the complainant’s intrinsic worth and dignity as a human being, in
violation of Section 5(a) of the Republic Act 9262.4
After examining the supporting evidence, the RTC found probable cause and consequently, issued a
warrant of arrest against petitioner on November 19, 2009. The latter posted a cash bond for his
provisional liberty and on August 12, 2010, filed a Motion for Judicial Determination of Probable
Cause with Motion to Quash the Information. Petitioner averred that at the time of the alleged
incident on July 13, 2009, he was no longer in a dating relationship with private respondent; hence,
RA 9262 was inapplicable.
In her affidavit, private respondent admitted that her relationship with petitioner had ended prior to
the subject incident. She narrated that on July 13, 2009, she sought payment of the money she had
lent to petitioner but the latter could not pay. She then inquired from petitioner if he was responsible
for spreading rumors about her which he admitted. Thereupon, private respondent slapped petitioner
causing the latter to inflict on her the physical injuries alleged in the Information.

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