Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
CITY PROSECUTION OFFICE
Naga City

DORA D. MANLALAYAG,

NPS V-05-INV-08G-1500

Complainant,

-versusViolence

FOR: Violation of R.A 9262: AntiAgainst Women and their

Children
DIEGO E. SANTOS,
Respondent.

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RESOLUTION

Submitted for resolution is a complaint filed by Dora D. Manlalayag against
respondent Diego E. Santos for violation of the provision of R.A 9262
otherwise known as Anti-Violence Against Women and their Children. The
complaint was filed on August 7, 2016 and was assigned to the herein
investigating Prosecutor on the same day. A subpoena was sent and
received by the respondent on August 8, 2016 for him to submit his counteraffidavit and affidavits of his witnesses, if any, to rebut the allegations of the
complainant within the period required by the Rules. On August 10, 2016 the

Santos and complainant Dora D. 2016 held at the Provincial Capitol Complex in Pili. Respondent grabbed complainant by the hair and pulled her up only to slap her again and hit her in the face. respondent Diego E. complainant was awakened by a loud pummelling on the door. around 3:30 in the morning. causing the side table to break. 2016 at 3:00 in the morning. Santos slapped her and was shouting expletives at her for taking so long to open the door. Manlalayag has been living together as common-law spouses in a rented one-bedroom apartment at No. Complainant alleged that on the early hours August 7. FACTS OF THE CASE Respondent Diego E. Bagumbayan Sur. The conference was attended by Governor Migz Villafuerte and the members of his cabinet. but Santos grabbed for her right wrist and pulled her back forcefully which caused her to be out-balanced and crash on the glass side table by the couch.m the next day. he was drinking at his friend. respondent submitted his Certificate of Appearance issued by the Office of the Governor. Complainant tried to avoid further altercation with Santos by trying to retreat to their room.m to 3:00 a. Joselito Gomez’ house and were . In support of her complaint. Camarines Sur.respondent submitted his counter-affidavit and the affidavits of his two witnesses. (b) Police Report. she submitted: (a) Medical Certificate enumerating the injuries sustained by the complainant. When she opened the door. 2016. Respondent then grabbed the nearby wooden stool and hit her repeatedly until she truly lost consciousness. He alleged that the conference was scheduled to start at 5:00 p. Santos denied the battering incident and offered the alibi of attending a conference from August 5 to 9. some of which hit complainant Manlalayag who was still sprawled on the floor. Respondent threw away anything he can get hold of. In his counter-affidavit. Naga City. For said conference. Respondent Santos further alleged that on August 7. Complainant allegedly pretended to lose consciousness so respondent will stop beating her but respondent went on and kicked her as she was lying on the floor. 59.

Acts of Violence Against Women and their Children. 3. – “Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife. .m to 3:00 a. or with whom he has a common child. or economic abuse… SEC. former wife. or against her child whether legitimate or illegitimate. respondent submitted his Certificate of Appearance issued by the Office of the Governor. Camarines Sur. – the crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her children. The facts of the case states that It was impossible highly unlikely for respondent to have personally caused injury to complainant since attending a conference from August 5 to 9. sexual. Joselito Gomez and his minor daughter Josefa Gomez both alleged in their respective affidavits that Santos was in their residence at #176 Del Rosario. 5. or against a woman with whom the person has or had a sexual or dating relationship. Definition of Terms. 2016 held at the Provincial Capitol Complex in Pili.planning a surprise for the latter’s wife on their anniversary. The conference was attended by Governor Migz Villafuerte and the members of his cabinet. Merlinda Romero. psychological harm or suffering. He alleged that the conference was scheduled to start at 5:00 p. Furthermore. DISCUSSION The respondent is charged for violation of Section 5 of Republic Act 9262 more specifically paragraph (a) thereof in relation to Section 3(a) of the law which state: SEC.m the next day. of the next day. For said conference. Respondent’s witnesses. 2016 until six a.m. which result in or is likely to result in physical. within or without the family abode. respondent Santos alleged that the injuries sustained by complainant Manlalayag were self-inflicted because the latter was insane as stated in the certificate by a certain Dr. Camarines Sur on the night of August 7.

59. Naga City . DELA CRUZ Deputy City Prosecutor Cc: 1. 59. The undersigned investigating Prosecutor resolve to DISMISS the complaint for Violation of Republic Act 9262 (Anti-Violence against women and their children) against respondent Diego E. HERMIONE G. Ms. Pili. Diego E. Manlalayag – No. August 15. an examination of the certification of Dr. Santos . Merlinda Romero shows that complainant was involuntarily admitted to the Psychiatric Facility Don Susano Rodriguez Memorial Hospital in Cadlan.No. Camarines Sur. Mr. 2016. Naga City Philippines. Santos for insufficiency of evidence. Naga City 2. Bagumbayan Sur. CRUZ Senior Assistant City Prosecutor APPROVED: VICTOR C. SO RESOLVED. Dora D.Moreover. Bagumbayan Sur.