denial of financial support or custody of minor children or access to the woman's
child/children.
xxxx
Sec. 6. Penalties.-The crime of violence against women and their children, under
Section 5 hereof shall be punished according to the following rules:
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision
mayor.
If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of
penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not
less than One hundred thousand pesos (₱100,000.00) but not more than three
hundred thousand pesos (₱300,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance to the court.
8
Rollo, pp. 12-13.
9
TSN (Direct and cross-examination of Ricky Dinamling), March 5, 2009, pp. 2-7.
Later lowered by the RTC in its Order dated September 17, 2009 for Crim. Case No. 1701.
Acting on the petitioner's motion for reconsideration, the RTC reversed its finding of the
existence of the aggravating circumstance of pregnancy and applied the Indeterminate
Sentence Law and modified the penalty to a minimum of prision correccional in its medium
period of two (2) years four (4) months and one (1) day to a maximum of prision mayor in its
medium period of ten (10) years. It also imposed a fine of ₱100,000.00 and ordered the
accused to undergo psychological counseling. Rollo, pp. 48-49; RTC records, Crim. Case
No. 1701, pp. 149-150.
10
11
Id. at 17-19.
RULES OF COURT, Rule 45, Sec. 1, in relation to Rule 122, Secs. 2(c) and 3(e) and Rule
125, Sec. 2; Tan v. People, 604 Phil. 68, 78 (2009).
12
13
National Power Corporation v. Court of Appeals, 479 Phil. 850, 865 (2009), citing Inland
Trailways, Inc. v. Court of Appeals, 325 Phil. 457 (1996).
Id., citing Fuentes v. Court of Appeals, 335 Phil. 1163 (1997); Merencillo v. People, 549
Phil. 544 (2007); People v. Bautista, 628 Phil. 145, 152 (2010).
14
Salcedo v. People, 400 Phil. 1302, 1308-1309, citing Fuentes v. Court of Appeals, 335 Phil.
1163 (1997); Castillo v. Court of Appeals, 329 Phil. 150 (1996); Solid Homes, Inc. v. Court of
Appeals, 341 Phil. 261, (1997).
15
16
TSN (Direct examination of AAA), November 27, 2007, pp. 3-6.