Notably, while it is required that the offender has or had a sexual or dating relationship with the
offended woman, for RA 9262 to be applicable, it is not indispensable that the act of violence be a
consequence of such relationship. Nowhere in the law can such limitation be inferred. Hence,
applying the rule on statutory construction that when the law does not distinguish, neither should the
courts, then, clearly, the punishable acts refer to all acts of violence against women with whom the
offender has or had a sexual or dating relationship. As correctly ruled by the RTC, it is immaterial
whether the relationship had ceased for as long as there is sufficient evidence showing the past or
present existence of such relationship between the offender and the victim when the physical harm
was committed. Consequently, the Court cannot depart from the parallelism in Ang and give
credence to petitioner's assertion that the act of violence should be due to the sexual or dating
relationship.
Neither can the Court construe the statute in favor of petitioner using the rule of lenity7 because there
is no ambiguity in RA 9262 that would necessitate any construction. While the degree of physical
harm under RA 9262 and Article 2668 of the Revised Penal Code are the same, there is sufficient
justification for prescribing a higher penalty for the former. Clearly, the legislative intent is to
purposely impose a more severe sanction on the offenders whose violent act/s physically harm
women with whom they have or had a sexual or dating relationship, and/or their children with the
end in view of promoting the protection of women and children.
Accordingly, the Information having sufficiently alleged the necessary elements of the crime, such
as: a dating relationship between the petitioner and the private respondent; the act of violence
committed by the petitioner; and the resulting physical harm to private respondent, the offense is
covered by RA 9262 which falls under the jurisdiction of the RTC in accordance with Sec. 7 of the
said law which reads:
SEC. 7. Venue – The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the
complainant.
Finally, the Court finds the Order9 of the RTC, giving the prosecutor a period of two (2) days to
amend the Information to reflect the cessation of the dating relationship between the petitioner and
the offended party, to be in accord with Sec. 4 of Rule 117 of the Rules of Court, to wit:
SEC. 4. Amendment of complaint or information.- If the motion to quash is based on an alleged
defect of the complaint or information which can be cured by amendment, the court shall order that
an amendment be made.
1âwphi 1
Furthermore, Sec. 14 of Rule 110 of the Rules of Court provides that an information may be
amended, in form or in substance, without leave of court, at any time before the accused enters his
plea. In the present case, the accused petitioner has not yet been arraigned, hence, the RTC was
correct in directing the amendment of the Information and in denying the motion to quash the same.
WHEREFORE, the petition is DISMISSED. The Orders dated September 13, 2010 and October 5,
2010 of the Regional Trial Court ( RTC) of Angeles City, Branch 59 in Criminal Case No. 09-5210
are AF.FI RM ED. The Temporary Restraining Order issued by the Court is LIFTED and the RTC is
directed to continue with the proceedings in Criminal Case No. 09-5210.
SO ORDERED.