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    San Diego Vs RTC (Digest)

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    Liaa Aquino
    The petitioner was charged with violating the Anti-Violence Against Women and Their Children Act (RA 9262) for allegedly physically assaulting his ex-girlfriend. The Regional Trial Court found probable cause and issued an arrest warrant. The petitioner argued the law did not apply since they were no longer in a relationship. However, the Supreme Court ruled that RA 9262 broadly prohibits violence against current or former intimate partners, regardless of the status of the relationship at the time of the incident. As the information filed contained the necessary elements of the crime like a prior dating relationship and resulting physical harm, the offense falls under the jurisdiction of the Regional Trial Court as stated in RA 9262. Therefore, the petition was dismissed.

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    San Diego Vs RTC (Digest)

    Uploaded by

    Liaa Aquino
    314 views2 pages
    The petitioner was charged with violating the Anti-Violence Against Women and Their Children Act (RA 9262) for allegedly physically assaulting his ex-girlfriend. The Regional Trial Court found probable cause and issued an arrest warrant. The petitioner argued the law did not apply since they were no longer in a relationship. However, the Supreme Court ruled that RA 9262 broadly prohibits violence against current or former intimate partners, regardless of the status of the relationship at the time of the incident. As the information filed contained the necessary elements of the crime like a prior dating relationship and resulting physical harm, the offense falls under the jurisdiction of the Regional Trial Court as stated in RA 9262. Therefore, the petition was dismissed.

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    San Diego vs RTC [Digest].docx

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    San Diego vs RTC [Digest].docx

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    The petitioner was charged with violating the Anti-Violence Against Women and Their Children Act (RA 9262) for allegedly physically assaulting his ex-girlfriend. The Regional Trial Court found probable cause and issued an arrest warrant. The petitioner argued the law did not apply since they were no longer in a relationship. However, the Supreme Court ruled that RA 9262 broadly prohibits violence against current or former intimate partners, regardless of the status of the relationship at the time of the incident. As the information filed contained the necessary elements of the crime like a prior dating relationship and resulting physical harm, the offense falls under the jurisdiction of the Regional Trial Court as stated in RA 9262. Therefore, the petition was dismissed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    314 views2 pages

    San Diego Vs RTC (Digest)

    Uploaded by

    Liaa Aquino
    The petitioner was charged with violating the Anti-Violence Against Women and Their Children Act (RA 9262) for allegedly physically assaulting his ex-girlfriend. The Regional Trial Court found probable cause and issued an arrest warrant. The petitioner argued the law did not apply since they were no longer in a relationship. However, the Supreme Court ruled that RA 9262 broadly prohibits violence against current or former intimate partners, regardless of the status of the relationship at the time of the incident. As the information filed contained the necessary elements of the crime like a prior dating relationship and resulting physical harm, the offense falls under the jurisdiction of the Regional Trial Court as stated in RA 9262. Therefore, the petition was dismissed.

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    San Diego vs RTC FACTS: Petitioner was charged with violation of Section 5(a) of RA 9262.

    He charged in the RTC of using personal violence on his girlfriend by pulling her hair, punching her back, shoulder and left eye, thereby demeaning and degrading the complainants intrinsic worth and dignity as a human being. After examining the supporting evidence, the RTC found probable cause and consequently, issued a warrant of arrest against petitioner on November 19, 2009. Petitioner averred that at the time of the alleged incident on July 13, 2009, he was no longer in a dating relationship with private respondent; hence, RA 9262 was inapplicable. In her affidavit, private respondent admitted that her relationship with petitioner had ended prior to the subject incident. She had gone to him to ask for payment for money she loaned him and also asked him if he was responsible for spreading rumors about her. After he admitted to the latter she slapped him which led to him incurring the mentioned physical abuses. ISSUE: Whether RA 9262 should be construed in a manner that will favor the accused HELD: No. RA 9262 is broad in scope but specifies two limiting qualifications for any act or series of acts to be considered as a crime of violence against women through physical harm, namely: (1) it is committed against a woman or her child and the woman is the offenders wife, former wife, or with

    whom he has or had sexual or dating relationship or with whom he has a common child; and (2) it results in or is likely to result in physical harm or suffering. The elements of the crime of violence against women through harassment (Ang vs CA): 1. The offender has or had a sexual or dating relationship with the offended woman; 2. The offender, by himself or through another, commits an act or series of acts of harassment against the woman; and 3. The harassment alarms or causes substantial emotional or psychological distress to her It is not, however, indispensable that the act of violence be a consequence of such relationships mentioned in #1. Nowhere in the law can such limitation be inferred. The Information having sufficiently alleged the necessary elements of the crime, such as: a dating relationship between the petitioner and the private respondent; the act of violence committed by the petitioner; and the resulting physical harm to private respondent, the offense is covered by RA 9262 which falls under the jurisdiction of the RTC. Petition is DISMISSED.

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