GR No 193960

Karlo Angelo Dabalos vs Regional Trial Court

GR No 193960         January 7, 2013

Facts:

            Dabalos was charged with a violation of RA No 9262 for using personal violence on the complainant by pulling her hair, punching her back, shoulder, and left eye, thereby demeaning and degrading the complainant’s intrinsic worth and dignity as a human being. Dabalos then was the boyfriend of Dabalos.

            After examining the supporting evidence, RTC found probable cause and consequently, issued a warrant of arrest against Dabalos. The latter then posted a cash bond for his provisional liberty and averred that at the time of the alleged incident, he was no longer in a dating relationship with respondent.

            RTC denied the motion of Dabalos. It did not consider material fact that the parties’ dating relationship had ceased prior to the incident, ratiocinating that since the parties had admitted a prior dating relationship, the infliction of slight physical injuries constituted an act of violence against women and their children under RA No 9262.

Issue:

            WON RA No 9262 should be construed in a manner that will favor Dabalos.

Held:

            The petition has no merit.

            Section 3 of RA No 9262 defines violence against women and their children as any act or series of acts committed by any person against a woman who is his wife, former wife or against a woman with whom the person has had sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which may result in physical, sexual, psychological harm or suffering, or economic abuse.

            Notably, while it is required that the offender has or had sexual or dating relationship with the offended woman for RA No 9262 be applicable, it is not indispensable that the act of violence be a consequence of such relationship. Nowhere in the law can such limitation be inferred. Hence, applying the rule on statutory construction that when the law does not distinguish, neither should the courts, then clearly, the punishable acts refer to all acts of violence against women with whom the offender has or had a sexual dating relationship.

            As correctly ruled by 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.