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#02

Special Criminal Law

RICKY DINAMLING v. PEOPLE OF THE PHILIPPINES (4) The anguish is caused through the acts of public ridicule or
G.R. No. 199522 : June 22, 2015 humiliation, repeated verbal and emotional abuse, denial of financial
PERALTA, J.: support or custody of minor children or access to the children or
similar acts or omissions.
FACTS:
In this case, the elements have been proven and duly established. It is
Petitioner Ricky Dinamling was charged in two criminal information undisputed that thevictim is a woman who has then in a five-year
for violation of R.A. No. 9262. It is alleged in the information that he ongoing relationship with Dinamling and had two common children.
feloniously inflicts psychological violence upon a woman with whom The woman is often in fear of petitioner due to latter’s physical and
he has two children, resulting to mental and emotional anguish and verbal abuse.
public humiliation by repeated verbal and emotional abuse consisting
of several bad and insulting utterance directed against the victim. Psychological violence is an element of violation of Section 5 (RA No.
Dinamling pleaded not guilty to both charges. 9262) just like the mental or emotional anguish caused on the victim.
It is the means employed by the perpetrator, while mental or
ISSUE: emotional anguish is the effect caused to or the damage sustained by
the offended party. To establish psychological violence as the element
WHETHER OR NOT the petitioner is guilty of violation of RA No. 9262. of the crime, it is necessary to show proof of commission of any of the
acts enumerated in Section 5(i) or similar acts. And to establish mental
RULING: or emotional anguish, it is necessary to present a testimony of the
victim as such experiences are personal to this party.
The elements of the crime are;
In fact, neither the physical injuries suffered by the victim nor the
(1) The offended party is a woman and/or her child or children actual physical violence done by the perpetrator are necessary to
(2) The woman is either the wife or former wife of the offender, or is prove the essential elements of the crime as defined in Section 5(i) of
a woman with whom the offender has or had a sexual or dating RA 9262. The only exception is, as in the case at bar, when the physical
relationship, or is a woman with whom such offender has a common violence done, petitioner Dinamling's acts of publicly punching,
child. As for the woman’s child or children, they may be legitimate or kicking and stripping her pants and underwear, although obvious acts
illegitimate, or living within or without the family abode. of physical violence, are also instances of psychological violence since
(3) The offender causes on the woman and/or child mental or it was alleged and proven that they resulted in the victim’s public
emotional anguish; and ridicule. Accused is alleged to have caused the mental and emotional

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JWSLG – A.Y. 2019-2020
#02
Special Criminal Law

suffering; in which case, such acts of physical violence must be proven.


In this instance, the physical violence was a means of causing mental
or emotional suffering. As such, whether or not it led to actual bodily
injury, the physical violence translates to psychological violence since
its main effect was on the victim's mental or emotional well-being.

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JWSLG – A.Y. 2019-2020