17
Id. at 6-9.
Id. 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.
18
Almeda v. Court of Appeals,336 Phil. 621, 629-630 (1997); People v. Pacuancuan,452
Phil. 72, 81 (2003).
19
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.
20
21
Id. at 4-5.
22
TSN (Cross examination of DDD), April 29, 2008, p. 7.
23
In relation to Sec. 3(a), RA 9262.
24
Id.
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:
25
Section 3(a) 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.)
26
Manantan v. People, 558 Phil. 104, 116 (2007).
27
People v. Buendia, 373 Phil. 430, 437 (1999).
28
People v. Ayupan, 427 Phil. 200, 208-209 (2002).
29
Id.
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).