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I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. PRESBITERO J. VELASCO, JR. Associate Justice Chairperson, Third Division CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. MARIA LOURDES P.A. SERENO Chief Justice Footnotes *** Designated Acting Member in lieu of Associate Justice Francis H. Jardeleza, per Raffle dated June 17, 2015. Penned by Associate Justice Japar B. Dimaampao, with Presiding Justice Andres B. Reyes, Jr. and Associate Justice Jane Aurora C. Lantion, concurring, rollo, pp. 73-86. 1 2 Id. at 97-98. The real names of persons (other than the accused) and places or any other information tending to reveal the identity of the private complainant and those of her immediate family or household members are withheld in accordance with Republic Act No. 9262, or the AntiViolence Against Women and their Children Act of 2004 (Sec. 44); Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (Sec. 29); A.M. No. 04-10-11-SC, known as "Rule on Violence Against Women and Their Children," effective November 15, 2004, (Sec. 40); and the case of People v. Cabalquinto, 533 Phil. 703, 705-709 (2006). See also Dabalos v. Regional Trial Court, G.R. No. 193960, January 7, 2013, 688 SCRA 64. 3 Rollo, pp. 13-14; TSN (Direct examination of AAA), November 27, 2007, pp. 3-6; Cross examination of AAA, id., at 16. 4 5 Id. at 14; id. at 6-8. 6 Id.; id. at 8-10. Sec. 5. Acts of Violence Against Women and Their Children. – The crime of violence against women and their children is committed through any of the following acts: 7 xxxx (i) Causing 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

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Dinamling v. People

Jurisprudence

Case number: G.R. No. 199522

Division: PH Supreme Court Third Division

Date of decision: Jun 22, 2015

Year of decision: 2015

GBV Case Type

Anti-Violence Against Women and their Children Act of 2004 (VAWC)

Nature of the case: The accused caused psychological violence against his pregnant wife who by repeated verbal and emotional abuse consisting of several bad and insulting utterances directed against the victim and a feeding bottle being thrown against the latter in anger and the other incident, during her pregnancy by boxing the victim on the head, kicking her at the back and removing her pants and panty thereby resulted to a miscarriage on the part of the victim. The accused denied the charges against him and assailed the CA’s decision in disregarding the supposedly exculpatory nature of a part of a prosecution witness' testimony. Allegedly, the witness, Dr. Diaz, testified that she was unsure if the abortion was a result of the mauling that the victim suffered or could have been caused by an infection or other factors. The Court resolved to deny the claim of the accused for lack of merit. Hence, the accused was convicted 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 .

Summary of outcome: He is sentenced to suffer the following, viz:

In Criminal Case No. 1701, the accused is ORDERED to serve an indeterminate sentence of imprisonment of two (2) years, four (4) months and one (1) day of prision correccional as minimum to eleven (11) years of prision mayor as maximum. He is, likewise, ORDERED to PAY a fine of one hundred thousand pesos (₱100,000.00) and to undergo psychological counseling; and

In Criminal Case No. 1702, the accused is hereby ORDERED to serve an indeterminate sentence of imprisonment of six ( 6) years of prision correccional as minimum to twelve (12) years of prision mayor as maximum. He is also ORDERED to PAY a fine of one hundred thousand pesos (₱100,000.00) and to undergo psychological counseling.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERALTA, J.

Long title: RICKY DINAMLING, Petitioner, vs.PEOPLE OF THE PHILIPPINES, Respondent.

Geolocation 1

Latitude: 16.798327

Longitude: 121.124525

: Geolocation 1

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Dinamling v. People

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