People vs Genosa was no longer in a position that presented an actual threat on

her life or safety.

FACTS:
2.) The Court ruled that when a killing is preceded by an
Appellant was married to the victim Ben Genosa. In their first argument or a quarrel, treachery cannot be appreciated as a
year of marriage, Marivic and Ben lived happily but soon qualifying circumstance, because the deceased may be said to
thereafter, the couple would quarrel often and their fights would have been forewarned and to have anticipated aggression from
become violent. Ben, a habitual drinker, became cruel to the assailant. Moreover, in order to appreciate alevosia, the
Marivic; he would provoke her, slap her, pin her down on the method of assault adopted by the aggressor must have been
bed or beat her. These incidents happened several times and consciously and deliberately chosen for the specific purpose of
Marivic would often run home to her parents. She had tried to accomplishing the unlawful act without risk from any defense that
leave her husband at least five times, but Ben would always might be put up by the party attacked. Here, there is no showing
follow her and they would reconcile. that appellant intentionally chose a specific means of successfully
On the night of the killing, appellant, who was then eight months attacking her husband without any risk to herself from any
pregnant, and the victim quarreled. The latter beat her, retaliatory act that he might make. It appears that the thought
however, she was able to run to another room. Allegedly there of using the gun occurred to her only at about the same moment
was no provocation on her part when she got home that night, when she decided to kill her batterer-spouse. Thus, in the
and it was her husband who began the provocation. Frightened absence of any convincing proof that she consciously and
that her husband would hurt her and wanting to make sure she deliberately employed the method by which she committed the
would deliver her baby safely, appellant admitted having killed crime in order to ensure its execution, the Court resolved the
the victim, who was then sleeping at the time, with the use of a doubt in her favor.
gun. She was convicted of the crime of parricide. Experts opined People vs Jumawan
that Marivic fits the profile of a battered woman syndrome and
at the time she killed her husband, her mental condition was that FACTS:
she was re-experiencing the trauma, together with the imprint of
all the abuses that she had experienced in the past. Accused-appellant and his wife, KKK, were married
and have four children.
ISSUES:
On February 19, 1999, KKK executed a Complaint-
1.) Whether or not appellant can validly invoke the Battered Affidavit, alleging that her husband, the accused-appellant,
Woman Syndrome as constituting self-defense; raped her at 3 :00 a.m. of December 3, 1998 at their residence
in Cagayan de Oro City, and that on December 12, 1998, the
2.) Whether or not treachery attended the killing. accused-appellant boxed her shoulder for refusing to have sex
RULING: with him.

No, the Court ruled in the negative on both issues. As to the charge of rape according to KKK, conjugal
intimacy did not really cause marital problems between her and
1.) The Court held that the defense failed to establish all the the accused-appellant. It was, in fact, both frequent and
elements of self-defense arising from the battered woman fulfilling. He treated her well and she, of course, responded
syndrome, to wit: (a) each of the phases of the cycle of violence with equal degree of enthusiasm. However, in 1997, he started
must be proven to have characterized at least two battering to be brutal in bed. He would immediately remove her panties
episodes between the appellant and her intimate partner; (b) and, sans any foreplay, insert her penis in her vagina.
the final acute battering episode preceding the killing of the His abridged method of lovemaking was physically painful for
batterer must have produced in the battered persons mind an her so she would resist his sexual ambush but he would threaten
actual fear of an imminent harm from her batterer and an honest her into submission.
belief that she needed to use force in order to save her life; and
(c) at the time of the killing, the batterer must have posed One night, in the spouse’s bedroom, KKK changed
probable – not necessarily immediate and actual – grave harm into a daster and fixed the matrimonial bed but she did not lie
to the accused, based on the history of violence perpetrated by thereon with the accused-appellant and instead, rested
the former against the latter. Taken altogether, these separately in a cot near the bed. Her reclusive behavior
circumstances could satisfy the requisites of self-defense. prompted him to ask angrily: “Why are you lying on the cot?”,
and to instantaneously order: “You transfer here to our bed.”
Under the existing facts of the case, however, not all of these
were duly established. Here, there was a sufficient time interval KKK insisted to stay on the cot and explained that
between the unlawful aggression of Ben and her fatal attack she had headache and abdominal pain due to her forthcoming
upon him. In fact, she had already been able to withdraw from menstruation. Her reasons did not appease him and he got
his violent behavior and escape to their children’s bedroom. The angrier. He rose from the bed, lifted the cot and threw it against
attack had apparently ceased and the reality or even the wall causing KKK to fall on the floor. Terrified, KKK stood up
imminence of the danger he posed had ended altogether. Ben from where she fell, took her pillow and transferred to the bed.

Women and Children Law | 1

Judge Aguinaldo
 The accused-appellant then lay beside KKK and not accused argued that consent to copulation is presumed between
before long, expressed his desire to copulate with her by cohabiting husband and wife unless the contrary is proved.
tapping his fingers on her lap. She politely declined by warding
off his hand and reiterating that she was not feeling well. According to the Court, it is now acknowledged that
rape, as a form of sexual violence, exists within marriage. A man
The accused-appellant again asserted his sexual who penetrates her wife without her consent or against her will
yearning and when KKK tried to resist by holding on to her commits sexual violence upon her, and the Philippines, as a State
panties, he pulled them down so forcefully they tore on the sides. Party to the CEDAW and its accompanying
KKK stayed defiant by refusing to bend her legs.
Declaration, defines and penalizes the act as rape under R.A.
The accused-appellant then raised KKK’s daster,41 No. 8353.
stretched her legs apart and rested his own legs on them. She
tried to wrestle him away but he held her hands and succeeded Sharica Mari Go-Tan vs. Spouses Perfecto and Juanita Tan
in penetrating her. As he was carrying out his carnal desires, KKK G.R. No. 168852
continued to protest by desperately shouting: “Don ‘t do that to
me because I’m not feeling well.” September 30, 2008
Accused raised the defense of denial and alleged Facts:
that KKK merely fabricated the rape charges as her revenge
because he took over the control and management of their Petitioner Sharica filed a Petition with Prayer for the Issuance of
businesses, and to cover up her extra-marital affairs. a Temporary Protective Order (TPO) against her
husband,Steven, and her parents-in-law, Spouses Perfecto C.
ISSUE: Tan and Juanita L. Tan (respondents) in violation of Section 5,
paragraphs (e)(2)(3)(4), (h)(5), and (i) of Republic Act (R.A.) No.
Whether or not there can be a marital rape 9262, otherwise known as the "Anti-Violence Against Women
HELD: and Their Children Act of 2004."

YES. The Supreme Court held that husbands do not Respondents contend that they cannot be included in the charge
have property rights over their wives’ bodies. Sexual since they are not among the personalities liable as enumerated
intercourse, albeit within the realm of marriage, if not under the said law by virtue of “expresio unius est exclusion
consensual, is rape. alterius.”

Violation of equal protection clause Ruling:

The Court ruled that to treat marital rape cases The Court ruled in favor of petitioner with regard to the inclusion
differently from non-marital rape cases in terms of the elements of the respondent spouses.
that constitute the crime and in the rules for their proof, infringes A provision of the said law expressly provides for the suppletory
on the equal protection clause. application of the RPC (Section 47 of R.A. No. 9262), which
The Court found that there is no rational basis for allowed legal principles developed in the RPC may be applied
distinguishing between marital rape and non-marital rape. The in a supplementary capacity to crimes punished under special
various rationales which have been asserted in defense of the laws, such as R.A. 9262.
exemption are either based upon archaic notions about the Citing jurisprudence, the court held that the “principle of
consent and property rights incident to marriage or are simply conspiracy under Article 8 of the RPC may be applied
unable to withstand even the slightest scrutiny. suppletorily to R.A. No. 9262 because of the express provision
The Court declared the marital exemption for rape of Section 47 that the RPC shall be supplementary to said law.
in the New York statute to be unconstitutional. Thus, general provisions of the RPC, which by their nature, are
necessarily applicable, may be applied suppletorily. Thus, the
Said exemption states that a husband was endowed principle of conspiracy may be applied to R.A. No. 9262. For
with absolute immunity from prosecution for the rape of his wife. once conspiracy or action in concert to achieve a criminal design
The privilege was personal and pertained to him alone. He had is shown, the act of one is the act of all the conspirators”.
the marital right to rape his wife but he will be liable when he
aids or abets another person in raping her. Furthermore, Section 5 of R.A. 9262 recognizes the acts of
violence against women and their children may be committed by
Moreover, Section 1 of RA 8353 penalizes the crime an offender through another
without regard to the rapist’s legal relationship with his victim.
The maxim "expressio unios est exclusio alterius" finds no
Implied consent theory untenable application in the case at bar since it is only an "ancillary rule
of statutory construction” and not of universal application nor is
The Court also ruled against the application of it conclusive. It should be applied only as a means of discovering
implied consent theory which was raised by the accused. The legislative intent when not plainly indicated.
Women and Children Law | 2
Judge Aguinaldo
However, proving conspiracy is a matter of evidence and can 5. There being no reasonable difference between an abused
be best decided after fullblown trial on the merits. husband and an abused wife, the equal protection guarantee is
violated.
JESUS C. GARCIA vs.THE HONORABLE RAY ALAN T. DRILON
Important and Essential Governmental Objectives:
G.R. No. 179267, June 25, 2013
1. Safeguard Human Rights,
LEONARDO-DE CASTRO, J.:
2. Ensure Gender Equality and
FACTS:
3. Empower Women
Petitioner Jesus Garcia (husband) appears to have inflicted
violence against private respondent (wife and daughter). International Laws
Petitioner admitted having an affair with a bank manager. He
callously boasted about their sexual relations to the household By constitutional mandate, the Philippines is committed to ensure
help. His infidelity emotionally wounded private respondent. that human rights and fundamental freedoms are fully enjoyed
Their quarrels left her with bruises and hematoma. Petitioner by everyone.
also unconscionably beat up their daughter, Jo-ann, whom he 1. It was one of the countries that voted in favor of the
blamed for squealing on him. Universal Declaration of Human Rights (UDHR). In addition, the
All these drove respondent Rosalie Garcia(wife) to despair Philippines is a signatory to many United Nations human rights
causing her to attempt suicide on December 17, 2005 by slitting treaties such as the
her wrist. Instead of taking her to the hospital, petitioner left the 2. Convention on the Elimination of All Forms of Racial
house. He never visited her when she was confined for seven (7) Discrimination,
days. He even told his mother-in-law that respondent should just
accept his extramarital affair since he is not cohabiting with his 3. the International Covenant on Economic, Social and
paramour and has not sired a child with her. Cultural Rights, the International Covenant on Civil and Political
Rights, the
The private respondent was determined to separate from
petitioner. But she was afraid he would take away their children 4. Convention Against Torture, and the
and deprive her of financial support. He warned her that if she
pursued legal battle, she would not get a single centavo from 5. Convention on the Rights of the Child, among others.
him. After she confronted him of his affair, he forbade her to UDHR
hold office. This deprived her of access to full information about
their businesses. As a signatory to the UDHR, the Philippines pledged itself to
achieve the promotion of universal respect for and observance
Thus, the RTC found reasonable ground to believe there was of human rights and fundamental freedoms, keeping in mind the
imminent danger of violence against respondent and her standards under the Declaration. Among the standards under the
children and issued a series of Temporary Protection Orders UDHR are the following:
(TPO) ordering petitioner, among other things, to surrender all
his firearms including a .9MM caliber firearm and a Walther Article 1. All human beings are born free and equal in dignity
PPK. and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.
Petitioner challenges the constitutionality of RA 9262 for
Article 7. All are equal before the law and are entitled without
1. making a gender-based classification, thus, providing any discrimination to equal protection of the law. All are entitled
remedies only to wives/women and not to husbands/men. to equal protection against any discrimination in violation of this
2. He claims that even the title of the law, "An Act Defining Declaration and against any incitement to such discrimination.
Violence Against Women and Their Children" is already sex- Article 8. Everyone has the right to an effective remedy by the
discriminatory because it means violence by men against competent national tribunals for acts violating the fundamental
women. rights granted him by the constitution or by law.
3. The law also does not include violence committed by Declaration of Policy in RA 9262
women against children and other women.
· enunciates the purpose of the said law, which is to fulfill
4. He adds that gender alone is not enough basis to deprive the government’s obligation to safeguard the dignity and human
the husband/father of the remedies under it because its avowed rights of women and children by providing effective remedies
purpose is to curb and punish spousal violence. The said against domestic violence or physical, psychological, and other
remedies are discriminatory against the husband/male gender. forms of abuse perpetuated by the husband, partner, or father
of the victim.

Women and Children Law | 3

Judge Aguinaldo
· The said law is also viewed within the context of the 3. The Gender-Based Classification in RA 9262 is
constitutional mandate to ensure gender equality, which is Substantially Related to the Achievement of Governmental
quoted as follows: Objectives
Section 14. The State recognizes the role of women in nation- Historical Perspective:
building, and shall ensure the fundamental equality before the
law of women and men. · A foreign history professor noted that: "from the earliest
civilizations on, the subjugation of women, in the form of
ISSUE: WON R.A. NO. 9262 IS DISCRIMINATORY, UNJUST, violence, were facts of life,
AND VIOLATIVE OF THE EQUAL PROTECTION CLAUSE.
· Judeo-Christian religious ideas; Greek philosophy; and
HELD: the Common Law Legal Code: all "assumed patriarchy as
natural; that is, male domination stemming from the view of male
RA 9262 is NOT UNCONSITUTIONAL. superiority."
· 18th century legal expert William Blackstone, reflected
1. RA 9262 - compliance with the CEDAW the theological assumption that: husband and wife were ‘one
body’ before God; thus "they were ‘one person’ under the law,
It has been acknowledged that "gender-based violence is a and that one person was the husband," a concept that evidently
form of discrimination that seriously inhibits women's ability to found its way in some of our Civil Code provisions prior to the
enjoy rights and freedoms on a basis of equality with men." RA enactment of the Family Code.
9262 can be viewed therefore as the Philippines’ compliance
with the CEDAW, which is committed to condemn discrimination · Society and tradition dictate that the culture of patriarchy
against women and directs its members to undertake, without continues. Men are expected to take on the dominant roles both
delay, all appropriate means to eliminate discrimination against in the community and in the family. This perception naturally
women in all forms both in law and in practice. leads to men gaining more power over women – power, which
must necessarily be controlled and maintained. Violence against
CEDAW women is one of the ways men control women to retain such
power.
Known as the International Bill of Rights of Women, the CEDAW
is the central and most comprehensive document for · In ancient western societies, women whether slave,
the advancement of the welfare of women. The CEDAW, in its concubine or wife, were under the authority of men. In law, they
preamble, explicitly acknowledges the existence of extensive were treated as property.
discrimination against women, and emphasized that such is a
violation of the principles of equality of rights and respect for · The Roman concept of patria potestas allowed the
human dignity. husband to beat, or even kill, his wife if she endangered his
property right over her.
2. Philippine’s obligation as state-party to CEDAW
· Judaism, Christianity and other religions oriented
The Philippines is under legal obligation to ensure their towards the patriarchal family strengthened the male
development and advancement for the improvement of their dominated structure of society.
position from one of de jure as well as de facto equality with
men. The CEDAW, going beyond the concept of discrimination · English feudal law reinforced the tradition of male control
used in many legal standards and norms, focuses on over women.
discrimination against women, with the emphasis that women · However, in the late 1500s and through the entire
have suffered and are continuing to suffer from various forms of 1600s, English common law began to limit the right of husbands
discrimination on account of their biological sex. to chastise their wives. Thus, common law developed the rule of
The governmental objectives of protecting human rights and thumb, which allowed husbands to beat their wives with a rod or
fundamental freedoms, which includes promoting gender stick no thicker than their thumb.
equality and empowering women, as mandated not only by Statistics:
our Constitution, but also by commitments we have made in
the international sphere, are undeniably important and The enactment of RA 9262 was in response to the undeniable
essential. numerous cases involving violence committed against women in
the Philippines.
RA 9262 provides the widest range of reliefs for women and
children who are victims of violence, which are often reported to · In 2012, the Philippine National Police (PNP)
have been committed not by strangers, but by a father or a reported that 65% or 11,531 out of 15,969 cases involving
husband or a person with whom the victim has or had a sexual violence against women were filed under RA 9262.
or dating relationship.
· From 2004 to 2012, violations of RA. 9262 ranked first
among the different categories of violence committed against
Women and Children Law | 4
Judge Aguinaldo
women. The number of reported cases showed an increasing dignity, reduce social, economic, and political inequalities and
trend from 2004 to 2012, remove cultural inequities."
· The law recognizes, with valid factual support based on RA 9262 is “THE” ameliorative action
statistics that women and children are the most vulnerable victims
of violence, and therefore need legal intervention. On the other · In enacting R.A. 9262, Congress has taken
hand, there is a dearth of empirical basis to anchor a conclusion an ameliorative action that would address the evil effects of the
that men need legal protection from violence perpetuated by social model of patriarchy, a pattern that is deeply embedded
women. in the society’s subconscious, on Filipino women and children and
elevate their status as human beings on the same level as the
4. Different treatment of women and men based on father or the husband.
biological, social, and cultural differences
· R.A. 9262 aims to put a stop to the cycle of male abuses
The persistent and existing biological, social, and cultural borne of discrimination against women. It is an ameliorative
differences between women and men prescribe that they be measure, not a form of "reverse discrimination"
treated differently under particular conditions in order to against. Ameliorative action "is not an exception to equality, but
achieve substantive equality for women. Thus, the an expression and attainment of de facto equality, the genuine
disadvantaged position of a woman as compared to a man and substantive equality which the Filipino people themselves
requires the special protection of the law, as gleaned from the enshrined as a goal of the 1987 Constitution." Ameliorative
following recommendations of the CEDAW Committee: measures are necessary as a redistributive mechanism in
an unequal society to achieve substantive equality.
· The Convention requires that women be given an equal
start and that they be empowered by an enabling environment
to achieve equality of results. It is not enough to guarantee
women treatment that is identical to that of men. Rather, Ameliorative measures to achieve substantive equality
biological as well as socially and culturally constructed In the context of women’s rights, substantive equality has been
differences between women and men must be taken into defined by the Convention on the Elimination of all forms of
account. Under certain circumstances, non-identical treatment of Discrimination Against Women (CEDAW) as equality which
women and men will be required in order to address such requires that women be given an equal start and that they be
differences. Pursuit of the goal of substantive equality also calls empowered by an enabling environment to achieve equality of
for an effective strategy aimed at overcoming under results. It is not enough to guarantee women treatment that is
representation of women and a redistribution of resources and identical to that of men. Rather, biological as well as socially
power between men and women. and culturally constructed differences between women and men
· Equality of results is the logical corollary of de facto or must be taken into account. Under certain circumstances, non-
substantive equality. These results may be quantitative and/or identical treatment of women and men will be required in order
qualitative in nature; that is, women enjoying their rights in to address such differences.
various fields in fairly equal numbers with men, enjoying the Women’s struggle for equality with men has evolved under three
same income levels, equality in decision-making and political models:
influence, and women enjoying freedom from violence.
1. Formal equality - women and men are to be regarded and
The government’s commitment to ensure that the status of a treated as the same. But this model does not take into account
woman in all spheres of her life are parallel to that of a man, biological and socially constructed differences between women
requires the adoption and implementation of ameliorative and men. By failing to take into account these differences, a
measures, such as RA 9262. Unless the woman is guaranteed formal equality approach may in fact perpetuate discrimination
that the violence that she endures in her private affairs will not and disadvantage.
be ignored by the government, which is committed to uplift her
to her rightful place as a human being, then she can neither 2. Protectionist model – this recognizes differences between
achieve substantive equality nor be empowered. women and men but considers women’s weakness as the
rationale for different treatment. This approach reinforces the
5. RA 9262 justified under the Constitution inferior status of women and does not address the issue of
The Constitution abundantly authorize Congress or the discrimination of women on account of their gender.
government to actively undertake ameliorative action that 3. Substantive equality model – this assumes that women are
would remedy existing inequalities and inequities experienced "not vulnerable by nature, but suffer from imposed
by women and children brought about by years of disadvantage" and that "if these imposed disadvantages were
discrimination. The equal protection clause when juxtaposed to eliminated, there was no further need for protection." Thus, the
this provision provides a stronger mandate for the government substantive equality model gives prime importance to women’s
to combat such discrimination. Indeed, these provisions order contexts, realities, and experiences, and the outcomes or results
Congress to "give highest priority to the enactment of measures of acts and measures directed, at or affecting them, with a view
that protect and enhance the right of all the people to human to eliminating the disadvantages they experience as women.
Women and Children Law | 5
Judge Aguinaldo
6. The gender-based classification of RA 9262 does not socially constructed distinctions between women and men that
violate the Equal Protection Clause (application of the have afflicted us and spawned discrimination and violence
substantive equality model) should be eradicated sooner. Power and intimacy should not co-
exist.
The equal protection clause in our Constitution does not
guarantee an absolute prohibition against classification. The intimate spaces created by our human relationships are our
The non-identical treatment of women and men under RA 9262 safe havens from the helter skelter of this world. It is in that space
is justified to put them on equal footing and to give substance to where we grow in the safety of the special other who we hope
the policy and aim of the state to ensure the equality of women will be there for our entire lifetime. If that is not possible, then
and men in light of the biological, historical, social, and culturally for such time as will be sufficient to create cherished memories
endowed differences between men and women. enough to last for eternity.
RA 9262, by affording special and exclusive protection to I concur in the ponencia. Against abominable acts, let this law
women and children, who are vulnerable victims of domestic take its full course.
violence, undoubtedly serves the important governmental
objectives of protecting human rights, insuring gender equality, Justice Abad: RA 9262 is a historic step in the Filipino women's
and empowering women. The gender-based classification and long struggle to be freed from a long-held belief that men are
the special remedies prescribed by said law in favor of women entitled, when displeased or minded, to hit their wives or
and children are substantially related, in fact essentially partners and their children. This law institutionalizes prompt
necessary, to achieve such objectives. Hence, said Act survives community response to this violent behavior through barangay
the intermediate review or middle-tier judicial scrutiny. The officials who can command the man to immediately desist from
gender-based classification therein is therefore not violative of harming his home partner and their children. It also establishes
the equal protection clause embodied in the 1987 Constitution. domestic violence as a crime, not only against its victims but
against society as well. No longer is domestic violence lightly
dismissed as a case of marital dispute that law enforcers ought
not to get into.
Justice Brion: As traditionally viewed, the constitutional provision
of equal protection simply requires that similarly situated
persons be treated in the same way. It does not connote identity
of rights among individuals, nor does it require that every person Chief Justice Puno on Expanded Equal protection and
is treated identically in all circumstances. It acts as a safeguard Substantive Equality
to ensure that State-drawn distinctions among persons are Chief Justice Reynato S. Puno espouses that the equal protection
based on reasonable classifications and made pursuant to a clause can no longer be interpreted as only a guarantee of
proper governmental purpose. In short, statutory classifications formal equality but of substantive equality. "It ought to be
are not unconstitutional when shown to be reasonable and made construed in consonance with social justice as ‘the heart’
pursuant to a legitimate government objective. particularly of the 1987 Constitution—a transformative
R.A. No. 9262 as a measure intended to strengthen the family. covenant in which the Filipino people agreed to
Congress found that domestic and other forms of violence enshrine asymmetrical equality to uplift disadvantaged groups
against women and children contribute to the failure to unify and and build a genuinely egalitarian democracy." This means that
strengthen family ties, thereby impeding the State’s mandate to the weak, including women in relation to men, can be treated
actively promote the family’s total development. Congress also with a measure of bias that they may cease to be weak.
found, as a reality, that women and children are more Chief Justice Puno goes on: "The Expanded Equal Protection
susceptible to domestic and other forms of violence due to, Clause, anchored on the human rights rationale, is designed as
among others, the pervasive bias and prejudice against women a weapon against the indignity of discrimination so that in
and the stereotyping of roles within the family environment that the patently unequal Philippine society, each person may be
traditionally exist in Philippine society. On this basis, Congress restored to his or her rightful position as a person with equal
found it necessary to recognize the substantial distinction within moral status."
the family between men, on the one hand, and women and
children, on the other hand. This recognition, incidentally, is not People vs Amarela and Racho
the first to be made in the laws as our law on persons and family
under the Civil Code also recognize, in various ways, the FACTS:
distinctions between men and women in the context of the family. [AAA] is single, a housekeeper and a resident of Davao City.
Justice Leonen: It may be said that violence in the context of [AAA] testified that on February 10, 2009, at around 6:00
intimate relationships should not be seen and encrusted as a o’clock in the evening, she was watching a beauty contest with
gender issue; rather, it is a power issue. her aunt at a basketball court where a make-shift stage was put
By concurring with these statements I express a hope: that the up. The only lights available were those coming from the vehicles
normative constitutional requirements of human dignity and around.
fundamental equality can become descriptive reality. The
Women and Children Law | 6
Judge Aguinaldo
She had the urge to urinate so she went to the comfort room The “women’s honor” doctrine surfaced in our jurisprudence
beside the building of the Maligatong Cooperative near the sometime in 1960. In the case of People v. Tana, the Court
basketball court. She was not able to reach the comfort room affirmed the conviction of three (3) armed robbers who took
because Amarela suddenly pulled her towards the day care turns raping a person named Herminigilda Domingo. The Court,
center. She was shocked and was no match to the strength of speaking through Justice Alejo Labrador, said:
Amarela who pulled her under the stage of the day care center.
He punched her in the abdomen which rendered her weak. Then It is a well-known fact that women, especially Filipinos, would
Amarela undressed her. She tried to resist him but he was not admit that they have been abused unless that abuse had
stronger. He boxed her upper thigh and she felt numb. He actually happened. This is due to their natural instinct to protect
placed himself on top of her and inserted his penis inside her their honor. We cannot believe that the offended party would
vagina and made a push and pull movement. have positively stated that intercourse took place unless it did
actually take place.
She shouted for help and then three men came to her rescue [so]
Amarela fled. This opinion borders on the fallacy of non sequitor. And while
the factual setting back then would have been appropriate to
The three persons brought her to a hut. But they closed the hut say it is natural for a woman to be reluctant in disclosing a sexual
and had bad intentions with her. So she fled and hid in a assault; today, we simply cannot be stuck to the Maria
neighboring house. She was brought to the Racho residence and Clara stereotype of a demure and reserved Filipino woman.
herein accused Racho was told by his mother to bring her to her We, should stay away from such mindset and accept the realities
aunt’s house instead. of a woman’s dynamic role in society today; she who has over
the years transformed into a strong and confidently intelligent
[AAA] said that [Racho] brought her to a shanty along the way and beautiful person, willing to fight for her rights.
against her will. She was told to lie down. When she refused,
[Racho] boxed her abdomen and she felt sick. She resisted by In this way, we can evaluate the testimony of a private
kicking him but he succeeded in undressing her. He, then, complainant of rape without gender bias or cultural
undressed himself and placed himself on top of [AAA]. [Racho] misconception. It is important to weed out these unnecessary
then inserted his penis into [AAA]’s vagina. After consummating notions because an accused may be convicted solely on the
the act, [Racho] left her. So [AAA] went home alone. testimony of the victim, provided of course, that the testimony is
credible, natural, convincing, and consistent with human nature
and the normal course of things. Thus, in order for us to affirm a
The RTC found AAA’s testimony, positively identifying both conviction for rape, we must believe beyond reasonable doubt
Amarela and Racho, to be clear, positive, and straightforward. the version of events narrated by the victim.
Hence, the trial court did not give much weight to their denial as
these could not have overcome the categorical testimony of AAA.
As a result, Amarela and Racho were convicted In an appeal from a judgment of conviction in rape cases, the
issue boils down, almost invariably, to the credibility and story
The RTC found Juvy D. Amarela and Junard G. Racho guilty of the victim and eyewitnesses. The Court is oftentimes
beyond reasonable doubt of two (2) different charges of rape. constrained to rely on the observations of the trial court who had
ISSUE: the unique opportunity to observe the witnesses firsthand and
note their demeanor, conduct and attitude under grilling and at
Whether the identity of the was proven beyond reasonable times unfriendly, examination. It has since become imperative
doubt. that the evaluation of testimonial evidence by the trial court be
accorded great respect by this Court; for it can be expected
Discuss the “women’s honor” doctrine. that said determination is based on reasonable discretion as to
RULING: which testimony is acceptable and which witness is worthy of
belief. Although we put a premium on the factual findings of the
The Supreme Court in its Ruling stated that: trial court, especially when they are affirmed by the appellate
court, this rule is not absolute and admits exceptions, such as
More often than not, where the alleged victim survives to tell her when some facts or circumstances of weight and substance have
story of sexual· depredation, rape cases are solely decided been overlooked, misapprehended, and misinterpreted.
based on the credibility of the testimony of the private
complainant. In doing so, we have hinged on the impression It has often been noted that if there is an inconsistency between
that no young Filipina of decent repute would publicly admit the affidavit and the testimony of a witness, the latter should be
that she has been sexually abused, unless that is the truth, for it given more weight since affidavits being taken ex parte are
is her natural instinct to protect her honor. However, this usually incomplete and inadequate. We usually brush aside
misconception, particularly in this day and age, not only puts the these inconsistencies since they are trivial and do not impair the
accused at an unfair disadvantage, but creates a travesty of credibility of the rape victim. In this case, however, the version in
justice. AAA’s affidavit-complaint is remotely different from her court
testimony. At the first instance, AAA claims that she was pulled
Women and Children Law | 7
Judge Aguinaldo
away from the vicinity of the stage; later, in court, she says that defenses for being inherently weak, self-serving, and, more
she was on her way to the rest room when she was grabbed. By often than not, uncorroborated. To recall, Racho did not deny
this alone, we are hesitant to believe AAA’s retraction because that he accompanied AAA to her aunt’s house, but he said he left
it goes into whether it was even possible for Amarela to abduct her when AAA insisted that she wanted to go home. Racho’s
AAA against her will. mother corroborated this part of the story. To our mind, if the
denial and alibi are readily available, Racho could have easily
If we were to take into account AAA’s initial claim that Amarela raised these defenses and denied that AAA ever came to the
pulled her away from the vicinity of the stage, people facing house. His mother could have likewise covered up this story, but
the stage would easily notice that a man was holding a woman she did not and confirmed that Racho was with AAA that night.
against her will. Thus, AAA’s version that she was on her way to If indeed Racho raped AAA that night, the best defense
the rest room, instead of being pulled away from the crowd available for him was alibi which he thought he did not have to
watching the beauty contest, would make it seem that nobody raise, given that he was telling the truth when he left AAA by
would notice if AAA was being taken away against her will. If herself to go home. To our mind, these are badges of truth which
indeed AAA was on her way to the rest room when she was persuade us that Racho might be telling the truth.
grabbed by Amarela, why does her sworn statement reflect
another story that differs from her court testimony? To our mind, In the end, what needs to be stressed here is that a conviction in
AAA’s testimony could have been concocted to just make her a criminal case must be supported by proof beyond reasonable
story believable rather than sticking to her original story that doubt or moral certainty that the accused is guilty. Absolute
Amarela introduced himself and pulled her away from the guarantee of guilt is not demanded by the law to convict a
stage. We cannot say that this inconsistency is simply a minor person of a criminal charge but there must, at least, be moral
detail because it casts some doubt as to whether AAA was telling certainty on each element essential to constitute the offense and
the truth – that she was abducted against her will before she on the responsibility of the offender. Thus, the prosecution has
was raped. the primordial duty to present its case with clarity and
persuasion, to the end that conviction becomes the only logical
Although we cannot acquit Amarela solely based on an and inevitable conclusion.
inconsistency, this instance already puts AAA’s credibility in
question. Again, we must remember that if we were to convict The prosecution in this case miserably failed to present a clear
based solely on the lone testimony of the victim, her testimony story of what transpired. Whether AAA’s ill-fated story is true
must be clear, straightforward, convincing, and consistent with or not, by seeking relief for an alleged crime, the prosecution
human experience. We must set a high standard in evaluating must do its part to convince the court that the accused is guilty.
the credibility of the testimony of a victim who is not a minor and Prosecutors are given ample resources of the government to
is mentally capable. present a logical and realistic account of every alleged crime,
and they should, to the best of their ability, present a detailed
Second, we also find it dubious how AAA was able to identify story to get a conviction. But here we cannot ascertain what
Amarela considering that the whole incident allegedly happened based on the lone testimony of AAA. It should have
happened in a dark place. In fact, she had testified that the been the prosecution’s duty to properly evaluate the evidence if
place was not illuminated and that she did not see Amarela’s it had enough to convict Amarela or Racho.
face
From AAA’s testimony, we are unsure whether she was able to
see Amarela given the lighting conditions in the crime scene. In The Court is constrained to reverse the R TC and the CA rulings
her re-direct examination, AAA clarified that she identified due to the presence of lingering doubts which are inconsistent
Amarela while she was being pulled to the day care center. Even with the requirement of guilt beyond reasonable doubt as
so, the prosecution failed to clarify as to how she was able to quantum of evidence to convict an accused in a criminal case.
do so when, according to AAA herself, the way to the day care Amarela and Racho are entitled to an acquittal, as a matter of
center was dark and covered by trees. Thus, leaving this right, because the prosecution has failed to prove their guilt
material detail unexplained, we again draw reservations from beyond reasonable doubt.
AAA’s testimony.
Hence, the Joint Judgment of the RTC was REVERSED and SET
Proving the identity of the accused as the malefactor is the ASIDE.
prosecution’s primary responsibility. The identity of the offender,
like the crime itself, must be established by proof beyond Accused-appellants Juvy D. Amarela and Junard G. Racho
reasonable doubt. Indeed, the first duty of the prosecution is not were ACQUITTED of the charge of rape on the ground of
to prove the crime but to prove the identity of the criminal, for reasonable doubt. Their IMMEDIATE RELEASE from custody was
even if the commission of the crime can be established, there can ordered unless they are being held for other lawful cause.
be no conviction without proof of identity of the criminal beyond AAA vs BBB
reasonable doubt
FACTS:
Undeniably, the defenses of denial and alibi are commonly
raised in rape cases. Nevertheless, we have dismissed such
Women and Children Law | 8
Judge Aguinaldo
AAA and BBB were married on August 1, 2006 in Quezon City. WHETHER OR NOT THE COURT SHOULD ENTERTAIN THE
Their union produced 2 children. In May 2007, BBB started PETITION FILED BY AAA INSTEAD OF THE OSG AS
working in Singapore as a chef, where he acquired permanent REPRESENTATIVE OF THE PEOPLE ON PURE QUESTION OF LAW
resident status in September 2008. This petition nonetheless
indicates his address to be in Quezon City where his parents WHETHER OR NOT THE RTC HAS JURISDICTION OVER
reside and where AAA also resided from the time they were PSYCHOLOGICAL ABUSE UNDER R.A. 9262 WHEN
married until March 2010, when AAA and their children moved COMMITTED THROUGH MARITAL INFIDELITY AND THE
back to her parents’ house in Pasig City. ALLEGED LILLICIT RELATIONSHIP TOOK PLACE OUTSIDE THE
PHILIPPINES
AAA claimed, albeit not reflected in the Information, that BBB
sent little to no financial support, and only sporadically. This RULING:
allegedly compelled her to fly extra hours and take on PETITION ENTERTAINED DESPITE BEING FILED BY PRIVATE
additional jobs to augment her income as a flight attendant. OFFENDED PARTY IN THE INTEREST OF SUBSTANTIAL JUSTICE
There were also allegations of virtual abandonment,
mistreatment of her and their CCC, and physical and sexual AAA’s motion for extension to file the petition was timely filed.
violence. To make matters worse, BBB supposedly started having Thus, considering its timeliness, she was granted an additional
an affair with a Singaporean woman named Lisel Mok with period to file a petition for review. In her motion for extension
whom he allegedly has been living in Singapore. Things came to of time, it was mentioned that she was awaiting the OSG’s
a head on April 19, 2011 when AAA and BBB had a violent response to her Letter, requesting for representation. Since, the
altercation at a hotel room in Singapore during her visit with OSG was unresponsive to her plea for assistance in filing the
their kids. As can be gathered from earlier cited Information, intended petition, AAA filed the present petition in her own name
despite the claims of varied forms of abuses, the investigating before the lapse of the extension given her by this Court.
prosecutor found sufficient basis to charge BBB with causing AAA
mental and emotional anguish through his alleged marital The Court found that under the circumstances, the ends of
infidelity. substantial justice will be better served by entertaining the
petition if only to resolve the question of law lodged before this
A warrant of arrest and hold departure order were issued but Court. In Morillo v. People of the Philippines, et al., where the
BBB continued to evade arrest. Consequently, the case was Court entertained a Rule 45 petition which raised only a question
archived. However, on November 6, 2013, an Entry of of law filed by the private offended party in the absence of the
Appearance as Counsel for the Accused With Omnibus Motion OSG’s participation, the Court allowed it in the interest of
to Revive Case, Quash Information, Lift Hold Departure Order substantial justice.
and Warrant of Arrest was filed on behalf of BBB. The motion
to quash was granted on ground of lack of jurisdiction (acts Dismissal vs. Acquittal
complained of had occurred in Singapore). Morillo, also differentiated between dismissal and acquittal,
AAA’s motion for reconsideration was denied so she sought thus:
direct recourse to the Supreme Court via petition for review Acquittal is always based on the merits, that is, the defendant is
under Rule 45 on pure question of law. In the main, AAA argues acquitted because the evidence does not show that defendant’s
that mental and emotional anguish is an essential element of the guilt beyond a reasonable doubt; but dismissal does not decide
offense charged against BBB, which is experienced by her the case on the merits or that the defendant is not guilty.
wherever she goes, and not only in Singapore where the extra- Dismissal terminates the proceeding, either because the court is
marital affair takes place; thus, the RTC of Pasig City where she not a court of competent jurisdiction, or the evidence does not
resides can take cognizance of the case. In support of her theory, show that the offense was committed within the territorial
AAA specifically cites Section 7 on Venue of R.A. 9262 and jurisdiction of the court, or the complaint or information is not
Section 4 on liberal construction of the law to promote the valid or sufficient in form and substance, etc. The only case in
protection and safety of victims of violence against women and which the word dismissal is commonly but not correctly used,
their children. instead of the proper term acquittal, is when, after the
In his Comment, BBB contends that the grant of the motion to prosecution has presented all its evidence, the defendant moves
quash is in effect an acquittal; that only the civil aspect of a for the dismissal and the court dismisses the case on the ground
criminal case may be appealed by the private offended party, that the evidence fails to show beyond a reasonable doubt that
and that the petition should be dismissed for having been the defendant is guilty; for in such case the dismissal is in reality
brought before the Court by AAA instead of the Office of the an acquittal because the case is decided on the merits. If the
Solicitor General (OSG) as counsel for the People in appellate prosecution fails to prove that the offense was committed within
proceedings. BBB also asserts that the petition is belatedly filed. the territorial jurisdiction of the court and the case is dismissed,
the dismissal is not an acquittal, inasmuch as if it were so the
ISSUES: defendant could not be again prosecuted before the court of
competent jurisdiction; and it is elemental that in such case, the
defendant may again be prosecuted for the same offense
before a court of competent jurisdiction.
Women and Children Law | 9
Judge Aguinaldo
The grant of BBB’s motion to quash may not therefore be viewed The offender causes on the woman and/or child mental or
as an acquittal, which in limited instances may only be emotional anguish; and
repudiated by a petition for certiorari under Rule 65 upon
showing grave abuse of discretion lest the accused would be The anguish is caused through acts of public ridicule or
twice placed in jeopardy. humiliation, repeated verbal and emotional abuse, denial of
financial support or custody of minor children or access to the
Indubitably, “the Rules do not prohibit any of the parties from children or similar such acts or omissions.
filing a Rule 45 Petition with this Court, in case only questions of
law are raised or involved.” “There is a question of law when Psychological violence is an element of violation of Section 5(i)
the issue does not call for an examination of the probative value just like the mental or emotional anguish caused on the victim.
of the evidence presented or of the truth or falsehood of the Psychological violence is the means employed by the
facts being admitted, and the doubt concerns the correct perpetrator, while mental or emotional anguish is the effect
application of the law and jurisprudence on the matter.” caused to or the damage sustained by the offended party. To
establish psychological violence as an element of the crime, it is
The question of whether or not the RTC has jurisdiction in view of necessary to show proof of commission of any of the acts
the peculiar provisions of R.A. No. 9262 is a question of law. enumerated in Section 5(i) or similar such acts. And to establish
mental or emotional anguish, it is necessary to present the
In Morillo, the Court reiterated that the jurisdiction of the court is testimony of the victim as such experiences are personal to this
determined by the averments of the complaint or Information, in party.
relation to the law prevailing at the time of the filing of the filing
of the complaint or Information, and the penalty provided by R.A. No. 9262 criminalizes psychological violence causing
law for the crime charged at the time of its commission. Thus, mental or emotional suffering on the wife, NOT marital
when a case involved a proper interpretation of the rules and infidelity per se. Otherwise stated, it is the violence inflicted
jurisprudence with respect to the jurisdiction of courts to entertain under the circumstances that the law seeks to outlaw. Marital
complaints filed therewith, it deals with a question of law that infidelity as cited in the law is only one of the various acts by
can be properly brought to this Court under Rule 45. which psychological violence may be committed. Moreover,
depending on the circumstances of the spouses and for a myriad
“We are not called upon in this case to determine the truth or reasons, the illicit relationship may or may not even be causing
falsity of the charge against BBB, much less weigh the evidence, mental or emotional anguish on the wife. Thus, the mental or
especially as the case had not even proceeded to a full-blown emotional suffering of the victim is an essential and distinct
trial on the merits. The issue for resolution concerns the correct element in the commission of the offense.
application of law and jurisprudence on a given set of
circumstances, i.e., whether or not Philippine courts are deprived In criminal cases, venue is jurisdictional. Thus, in Trenas v. People,
of territorial jurisdiction over a criminal charge of psychological the Court explained that the place where the crime was
abuse under R.A. No. 9262 when committed through marital committed determines not only the venue of the action but is an
infidelity and the alleged illicit relationship took place outside essential element of jurisdiction. It is a fundamental rule that for
the Philippines. jurisdiction to be acquired by courts in criminal cases, the offense
should have been committed or any one of its essential
PHILIPPINE COURTS HAVE JURISDICTION OVER ingredients should have taken place within the territorial
PSYCHOLOGICAL VIOLENCE UNDER R.A. NO. 9262 BECAUSE jurisdiction of the court. Territorial jurisdiction in criminal cases is
WHAT THE LAW PUNISHES IS THE VIOLENCE AGAINST the territory where the court has jurisdiction to take cognizance
WOMEN AND THEIR CHILDREN, NOT THE MARITAL INFIDELITY or to try the offense allegedly committed therein by the accused.
PER SE Thus, it cannot take jurisdiction over a person charged with an
There is merit in the petition. offense allegedly committed outside of that limited territory.
Furthermore, the jurisdiction of a court over the criminal case is
As jurisdiction of a court over the criminal case is determined by determined by the allegations in the complaint or information.
the allegations in the complaint or Information, threshing out the And once it is so show, the court may validly take cognizance of
essential elements of psychological abuse under R.A. No. 9262 the case. However, if the evidence adduced during the trial
is crucial. In Dinamling v. People, this Court already had occasion shows that the offense was committed somewhere else, the court
to enumerate the elements of psychological violence under should dismiss the action for want of jurisdiction.
Section 5(i) of R.A. No. 9262, as follows:
Section 7, R.A. 9262 “Venue” pertains to jurisdiction.
The offended party is a woman and/or her child or children;
As correctly pointed out by AAA, Section 7 provides that the
The woman is either the wife or former wife of the offender, or case may be filed where the crime or any of its elements was
is a woman with whom the offender has or had a sexual or committed at the option of the complainant. While the
dating relationship, or is a woman with whom such offender has psychological violence as the means employed by the
a common child. As for the woman’s child or children, they may perpetrator is certainly an indispensable element of the offense,
be legitimate or illegitimate, or living within or without the family equally essential also is the element of mental or emotional
abode; anguish which is personal to the complainant. The resulting
Women and Children Law | 10
Judge Aguinaldo
mental or emotional anguish is analogous to the indispensable information for violation of R.A. No. 9262. It is alleged in the
element of damage in a prosecution for estafa, viz: information that he feloniously inflicts psychological violence
upon a woman with whom he has two children, resulting to mental
The circumstance that the deceitful manipulations or false and emotional anguish and public humiliation by repeated
pretenses employed by the accused, as show in the vouchers, verbal and emotional abuse consisting of several bad and
might have been perpetrated in Quezon City does not preclude insulting utterance directed against the victim. Dinamling
the institution of the criminal action in Mandaluyong where the pleaded not guilty to both charges.
damage was consummated. Deceit and damage are the basic
elements of estafa. The estafa involved in this case appears to Issue:
be transitory or continuing offense. It could be filed either in
Quezon City or in Rizal. The theory is that a person charged with
a transitory offense may be tried in any jurisdiction where the Whether or not the petitioner is guilty of violation of RA No.
offense is in part committed. In transitory or continuing offenses 9262.
in which some acts material and essential to the crime and
requisite to its consummation occur in one province and some in Ruling:
another, the court of either province has jurisdiction to try the The elements of the crime are;
case, it being understood that the first court taking cognizance
of the case will exclude the others. (1) The offended party is a woman and/or her child or
children
Acts of violence against women and their children may manifest (2) The woman is either the wife or former wife of the
transitory or continuing crimes; meaning that some acts material offender, or is a woman with whom the offender has or
and essential thereto and requisite in their consummation occur had a sexual or dating relationship, or is a woman with
in one municipality or territory, while some occur in another. In whom such offender has a common child. As for the
such cases, the court wherein the any of the crime’s essential and woman’s child or children, they may be legitimate or
material acts have been committed maintains jurisdiction to try illegitimate, or living within or without the family
the case; it being understood that the first court taking abode.
cognizance of the same excludes the other. Thus, a person (3) The offender causes on the woman and/or child
charged with a continuing or transitory crime may be validly mental or emotional anguish; and
tried in any municipality or territory where the offense was in (4) The anguish is caused through the acts of public
part committed. ridicule or humiliation, repeated verbal and emotional
It is necessary for Philippine courts to have jurisdiction when the abuse, denial of financial support or custody of minor
abusive conduct or act of violence under Section 5(i) of R.A. No. children or access to the children or similar acts or
9262 in relation to Section 3(a), Paragraph (c) was committed omissions.
outside the Philippine territory, that the victim be a resident of (4) In this case, the elements have been proven and duly
the place where the complaint was filed in view of the anguish established. It is undisputed that thevictim is a woman
suffered being a material element of the offense. In the present who has then in a five-year ongoing relationship with
scenario, the offended wife and children of respondent husband Dinamling and had two common children. The woman is
are residents of Pasig City since March of 2010. Hence, the RTC often in fear of petitioner due to latter’s physical and
of Pasig City may exercise jurisdiction over the case. verbal abuse.

Certainly, the act causing psychological violence which under the Psychological violence is an element of violation of Section
information relates to BBB’s marital infidelity must be proven by 5 (RA No. 9262) just like the mental or emotional anguish
probable cause for the purpose of formally charging the caused on the victim. It is the means employed by the
husband, and to establish the same beyond reasonable doubt perpetrator, while mental or emotional anguish is the effect
for purposes of conviction. It likewise remains imperative to caused to or the damage sustained by the offended party.
acquire jurisdiction over the husband. What this case concerns To establish psychological violence as the element of the
itself is simply whether or not a complaint for psychological crime, it is necessary to show proof of commission of any of
abuse under R.A. No. 9262 may even be filed within the the acts enumerated in Section 5(i) or similar acts. And to
Philippines if the illicit relationship is conducted abroad. We say establish mental or emotional anguish, it is necessary to
that even if the alleged extra-marital affair causing the present a testimony of the victim as such experiences are
offended wife mental and emotional anguish is committed personal to this party
abroad, the same does not place a prosecution under R.A. No. In fact, neither the physical injuries suffered by the victim
9262 absolutely beyond the reach of Philippine courts. nor the actual physical violence done by the perpetrator
RICKY DINAMLING v. PEOPLE OF THE PHILIPPINES are necessary to prove the essential elements of the crime
G.R. No. 19952 June 22, 2015 as defined in Section 5(i) of RA 9262. The only exception
is, as in the case at bar, when the physical violence done,
Facts: petitioner Dinamling's acts of publicly punching, kicking and
Petitioner Ricky Dinamling was charged in two criminal stripping her pants and underwear, although obvious acts
Women and Children Law | 11
Judge Aguinaldo
 of physical violence, are also instances of psychological
violence since it was alleged and proven that they resulted
in the victim’s public ridicule. Accused is alleged to have
caused the mental and emotional 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.

Women and Children Law | 12

Judge Aguinaldo