Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 199522
June 22, 2015
RICKY DINAMLING, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, Respondent.
DECISION
PERALTA, J.:
Before the Court is a Petition for Review on certiorari, under Rule 45 of the Rules of Court, assailing
the Decision1 dated August 11, 2011 and Resolution2 dated November 25, 2011 of the Court of
Appeals, in CA-G.R. CR No. 32912, which affirmed with modification the conviction of petitioner for
violation of Section 5(i), in relation to Section 6(f) of Republic Act (RA) No. 9262, otherwise known as
the Anti-Violence Against Women and their Children Act of 2004 .
The facts of the case follow.
On the night of March 14, 2007,petitioner Ricky Dinamling and a friend came from a drinking session
and went to the boarding house of AAA.3 At that time, Dinamling and the woman AAA were in an
ongoing five-year relationship and they had two common children (then aged four and two years
old). Dinamling and his friend arrived as AAA was putting the two children to bed. Suddenly,
Dinamling started to evict AAA and the children, ordering AAA to pack her things in a trash bag and
a carton box for ducklings. His reason for the eviction was that she was allegedly using the place as
a "whore house" wherein she "brought (her) partners." AAA initially did not want to leave as she
could not carry the children and their things, but she left when Dinamling threw a baby's feeding
bottle outside the house, causing it to break. She then went to the house of BBB and requested the
latter to fetch her children. When BBB and another friend went for the children, Dinamling already
had left with the older child and only the baby was left. The baby was brought by the friends back to
AAA. In the past, there were similar incidents that happened between Dinamling and AAA.
Dinamling would hit AAA's head, pull her hair and kick her. When AAA went to the police, she was
merely told that it was a family problem that could be talked over. Dinamling was, at that time, a
policeman himself.4
Six days later, or on March 20, 2007, at around 9:00 p.m., another incident occurred. AAA was at the
house of CCC when Dinamling arrived. He shouted and counted down for AAA to come out. When
she came out, Dinamling punched her at the left ear, which subsequently bled. When AAA asked
him why he kept on following her when she already had left him, Dinamling shouted her family name
and told her she was "good-for-nothing." AAA left for the barangay captain's house, but Dinamling
caught up with her and kicked her until she fell to the ground. On the road, Dinamling pulled down
AAA's pants and panty and shouted at her while people looked on. Dinamling then threw the pants
and panty back at AAA and shouted her family name. Dinamling, then intoxicated, left on a
motorcycle.5 AAA stayed at her friend's home until she felt some back pain in the next morning. She
found out she was bleeding and about to miscarry so she was immediately brought to the hospital.
There, she was told that she was 19 weeks pregnant and had an incomplete abortion. She was
hospitalized for four days. Dinamling visited her but showed no remorse over his acts.6