From the aforequoted Section 5(i), in relation to other sections of RA No. 9262, the elements of the
crime are derived as follows:
(1) The offended party is a woman and/or her child or children;23
(2) The woman is either the wife or former wife of the offender, or is a woman with whom the
offender has or had a sexual or dating relationship, or is a woman with whom such offender
has a common child. As for the woman's child or children, they may be legitimate or
illegitimate, or living within or without the family abode;24
(3) The offender causes on the woman and/or child mental or emotional anguish; and
(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal and
emotional abuse, denial of financial support or custody of minor children or access to the
children or similar such acts or omissions.25
As for the first case, Criminal Case No. 1701, filed against petitioner Dinamling, the elements have
been proven and duly established. It is undisputed that AAA, as the victim, is a woman who was
then in a five-year ongoing relationship with petitioner Dinamling. At that time, AAA and Dinamling
had two common children. AAA was often in fear of petitioner due to the latter's physical and verbal
abuse. In the evening of March 14, 2007, an incident occurred in which she and her children were
actually evicted by Dinamling from a boarding house. Dinamling, in the presence of his own friend
and the children, accused AAA of using the boarding house as a "whore-house" and alleged that
AAA brought sexual partners in that place. Dinamling further humiliated AAA by telling her to pack
her clothes in a trash bag and in a carton box used to pack ducklings. He then threw a baby bottle
outside and broke it. This forced AAA to hastily leave even without her children. Dinamling also left
and took with him the elder child and left the baby behind. AAA had to ask for her friends to fetch the
children but the latter found only the baby. According to AAA and her mother DDD, that incident was
not an isolated one, as similar incidents had happened previously.
As for the second case, Criminal Case No. 1702, the crime's elements were likewise proven. In
addition to the first two elements of the victim being a woman and in a relationship with the offender,
the prosecution was able to prove another incident of mental or emotional anguish through public
ridicule or humiliation when it showed Dinamling acting in the following manner: a) by calling and
counting down on AAA for the latter to come out of the house where she was staying;
b) by punching AAA at the left ear upon seeing her;
c) by shouting AAA's family name and calling her "good-for-nothing;"
d) by saying that AAA could sue him but he would just pay her;
e) by kicking AAA to the ground and then pulling off her pants and underwear (panty) and
calling her worthless;
f) by throwing the pants and panty back at AAA while shouting AAA's family name as he left.
All such acts were committed while in full view and hearing of the public, highlighting the public
ridicule and humiliation done on AAA and causing her mental and emotional pain. AAA's suffering is
so much that even the sound of petitioner's motorcycle would put fear in her.