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6 Id. at 600. "Intimately intertwined with the in dubio pro reo principle is the rule of lenity. It is the doctrine that ‘a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment.’" Separate Opinion of CJ Corona in People v.Temporada, G.R. No. 173473, December 17, 2008, citing Black's Law Dictionary, Eighth Edition, p. 1359 (2004). 7 ART. 266. Slight physical injuries and maltreatment.- The crime of slight physical injuries shall be punished: 8 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period; 2. By arresto menor or a fine not exceeding 200 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance; 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury. 9 Rollo, p. 32.

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Dabalos v. Regional Trial Court

Jurisprudence

Case number: G.R. No. 193960

Division: PH Supreme Court Second Division

Date of decision: Ene 7, 2013

Year of decision: 2013

GBV Case Type

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

Nature of the case: The accused used personal violence on the victim, by pulling her hair, punching complainant’s back, shoulder and left eye, thereby demeaning and degrading the complainant’s intrinsic worth and dignity as a human being, in violation of Section 5(a) of the Republic Act 9262. After his arrest, he posted a cash bond for his provisional liberty and filed a Motion for Judicial Determination of Probable Cause with Motion to Quash the Information. Petitioner averred that at the time of the alleged incident, he was no longer in a dating relationship with private respondent; hence, RA 9262 was inapplicable. The Court ruled otherwise. While it is required that the offender has or had a sexual or dating relationship with the offended woman, for RA 9262 to be applicable, it is not indispensable that the act of violence be a consequence of such relationship. As correctly ruled by the RTC, it is immaterial whether the relationship had ceased for as long as there is sufficient evidence showing the past or present existence of such relationship between the offender and the victim when the physical harm was committed. Hence, RTC is directed to continue with the subject criminal proceedings.

Summary of outcome: As correctly ruled by the RTC, it is immaterial whether the relationship had ceased for as long as there is sufficient evidence showing the past or present existence of such relationship between the offender and the victim when the physical harm was committed. Hence, RTC is directed to continue with the subject criminal proceedings.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERLAS-BERNABE, J.

Long title: KARLO ANGELO DABALOS y SAN DIEGO, Petitioner, vs. REGIONAL TRIAL COURT,BRANCH 59, ANGELES CITY (PAMPANGA), REPRESENTED BY ITS PRESIDING JUDGE MA. ANGELICA T. PARAS-QUIAMBAO; THE OFFICE OF THE CITY PROSECUTOR, ANGELES CITY (PAMPANGA); AND ABC, Respondents.

Geolocation 1

Latitude: 15.167145

Longitude: 120.601409

: Geolocation 1

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KARLO ANGELO DABALOS.pdf
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Dabalos v. Regional Trial Court

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