G.R. No. 201043

Republic vs Daisy Yahon

G.R. No. 201043

Facts:

Sgt Yahon was married to respondent. A TPO has been issued against Sgt Yahon to protect the respondent from further abuses. In the TPO, Sgt Yahon was ordered to provide reasonable financial spousal support to the respondent. In his failure to appear before the court with a counsel and with an answer to the charges against him, the court has granted PPO for the respondent against Sgt Yahon. It was also reiterated that Sgt Yahon should provide for the financial spousal support to his wife from his retirement benefits. However, the Armed Forces of the Philippines Finance Center contended that half of the retirement benefits of Sgt Yahon cannot be given to the respondent as it is from a military institution. The petitioner contended that money due to government employees is not liable to the creditors of the said employees in the process of garnishment.

Issue:

Whether or not the retirement benefits of Sgt Yahon be subject to the ruling of the court to provide for the financial spousal support of respondent.

Held:

Retirement benefits of Sgt Yahon are subject to the financial spousal support of respondent. As a rule in statutory construction, when the law does not distinguish, the court should not distinguish. As section 8 (g) of RA No. 9262 used the general term 'employer', it includes in its coverage the military institution, which is the employer of Sgt Yahon.

G.R. No. 193960

Dabalos vs. RTC Branch 59 of Angeles City, Pampanga

G.R. No. 193960

Facts:

Dabalos had willfully, unlawfully, and feloniously used personal violence against the complainant whom he had a dating relationship with. The said violence constituted the pulling of hair, punching the complainant's back, shoulder, and left eye which have demeaning and degrading effects on the complainant's intrinsic worth and dignity as a human being, in violation of Section 5 (a) of the Republic Act 9262. In Dabalos' defense, he averred that the relationship had already ceased at the time of the alleged incident.

Issue:

Whether or not RA 9262 be construed when the dating relationship was not the proximate cause of the violence?

Held:

Yes. The law provides that any act can be considered as a crime of violence against women through physical harm when it is committed against a woman or her child and the woman is the offender's wife, former wife, or with whom he has or had sexual or dating relationship or with whom he has a common child, and when it results in or is likely to result in physical harm or suffering.

Applying the rule on statutory construction that when the law does not distinguish, neither should the courts, the punishable acts refer to all acts of violence against women with whom the offender has or had a sexual or dating relationship. It did not distinguish that the act of violence should be a consequence of such relationship.