Rustan Ang vs. CA and Irish Sagud (G.R. No.

182835 April 20, Hence, Rustan claims that, being romantically involved,
2010)
Ponente: Abad, J.:S
FACTS:
Irish and Rustan were classmates at Wesleyan University in
Aurora Province. Rustan courted Irish and they became on-
and-off sweethearts. When Irish learned afterwards that
Rustan had taken a live-in partner, whom he had gotten
pregnant, Irish broke up with him.
Rustan, however, got in touch with Irish and tried to convince
her to elope with him, saying that he did not love the woman
he was about to marry. Irish rejected the proposal. Irish
changed her cellphone number but Rustan somehow
managed to get hold of it and sent her text messages.  Irish
replied to his text messages but it was to ask him to leave her
alone.
Irish, later on, received through multimedia message service
(MMS) a picture of a naked woman with spread legs and with
Irish’s face superimposed on the figure. The sender’s
cellphone number, stated in the message, was one of the
numbers that Rustan used. 
After she got the obscene picture, Irish got other text
messages from Rustan. He boasted that it would be easy for
him to create similarly scandalous pictures of her. And he
threatened to spread the picture he sent through the
internet. 
Irish filed a case of violation of R.A. No. 9262 against Rustan.
Rustan argued that he cannot be held liable under R.A. No.
9262. Section 3(a) of R.A. 9262 provides that violence against
women includes an act or acts of a person against a woman
with whom he has or had a sexual or dating
relationship. Thus:
SEC. 3. Definition of Terms. As used in this Act,
(a) 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, former wife, or against a woman with
whom the person has or had a sexual or dating relationship,
or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
implies that the offender and the offended woman have or
had sexual relations. According to him, romance implies a
sexual act. He cites Websters Comprehensive Dictionary
Encyclopedia Edition which provides a colloquial or informal
meaning to the word romance used as a verb, i.e., to make
love; to make love to as in He romanced her.
Rustan also claims that since the relationship between Irish
and him was of the on-and-off variety (away-bati), their
romance cannot be regarded as having developed over time
and on a continuing basis. 
ISSUES:
a)  Whether “dating relationship” exist even without sexual
intercourse.
b) Whether the on and off relationship (away-bati) of Irish
and Rustan can be considered as “dating relationship” as
contemplated by law.
RULING:
a) The dating relationship that the law contemplates can exist
even without a sexual intercourse taking place between those
involved.
The law did not use in its provisions the
colloquial verb romance that implies a sexual act. It did not
say that the offender must have romanced the offended
woman. Rather, it used the noun romance to describe a
couples relationship, i.e., a love affair.
R.A. 9262 provides in Section 3 that violence against women x
x x refers to any act or a series of acts committed by any
person against a woman x x x with whom the person has or
had a sexual or dating relationship. Clearly, the law itself
distinguishes a sexual relationship from a dating
relationship. Indeed, Section 3(e) above defines dating
relationship while Section 3(f) defines sexual relations. The
latter refers to a single sexual act which may or may not
result in the bearing of a common child. The dating
relationship that the law contemplates can, therefore, exist
even without a sexual intercourse taking place between those
involved.
b) An away-bati or a fight-and-kiss thing between two lovers
is a common occurrence. Their taking place does not mean
that the romantic relation between the two should be
deemed broken up during periods of misunderstanding. 

Further, Section 3(e) provides that a dating relationship

includes a situation where the parties are romantically
involved over time and on a continuing basis during the
course of the relationship. Thus:

(e) Dating relationship refers to a situation wherein the

parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating
relationship. (Underscoring supplied.)
Go-Tan v. Spouses Tan, G.R. No. 168852
Subject Matter: Applicability of the doctrine of conspiracy
under the Revised Penal Code to R.A. 9262 (Anti-Violence
Against Women and Children Act of 2004)
Facts:
On April 18, 1999, Sharica Mari Go-Tan and Steven Tan were
married. Out of this union, two female children were born,
Kyra Danielle and Kristen Denise. On January 12, 2005, barely
six years into the marriage, petitioner Go-Tan filed a petition
with prayer for the issuance of a Temporary Protective Order
(TPO) against Steven, in conspiracy with respondents, were
causing verbal, psychological, and economic abuses upon her
in violation of Section 5, paragraphs (e) (2) (3) (4), (h) (5) and
(i) of Republic Act No. 9262.
Issue:
Whether or not respondents-spouses, Perfecto and Juanita,
parents-in-law of Sharica, may be included in the petition for
the issuance of a protective order, in accordance with RA
9262.
Held:
Yes, the Court ruled in favor of the petitioner. While the
provisions of RA 9262 provides that the offender be ralted or
connected to the victim by marriage, former marriage, or a
sexual or dating relationship, it does not preclude the
application of the principle of conspiracy under the RPC. In
Section 47 of RA 9262, it has expressly provides for the
suppletory application of the RPC. Hence, legal principles
developed from the Penal Code may be applied in a
supplementary capacity to crimes punished under special
laws, such as RA 9262 in which the special law is silent on a
particular matter. 
RICKY DINAMLING v. PEOPLE OF THE PHILIPPINES
G.R. No. 19952 June 22, 2015
Facts:
Petitioner Ricky Dinamling was charged in two criminal
information for violation of R.A. No. 9262. It is alleged in the
information that he feloniously inflicts psychological violence
upon a woman with whom he has two children, resulting to
mental and emotional anguish and public humiliation by
repeated verbal and emotional abuse consisting of several
bad and insulting utterance directed against the victim.
Dinamling pleaded not guilty to both charges.
Issue:
Whether or not the petitioner is guilty of violation of RA No.
9262. 
Ruling:
The elements of the crime are;
(1)  The offended party is a woman and/or her child or
children
(2)  The woman is either the wife or former wife of the
offender, or is a woman with whom the offender has or had a
sexual or dating relationship, or is a woman with whom such
offender has a common child. As for the woman’s child or
children, they may be legitimate or illegitimate, or living
within or without the family abode.
(3)  The offender causes on the woman and/or child mental
or emotional anguish; and
(4)  The anguish is caused through the acts of public ridicule
or humiliation, repeated verbal and emotional abuse, denial
of financial support or custody of minor children or access
to the children or similar acts or omissions.
In this case, the elements have been proven and duly
established. It is undisputed that the victim is a woman who
has then in a five-year ongoing relationship with Dinamling
and had two common children. The woman is often in fear of
petitioner due to latter’s physical and verbal abuse.
Psychological violence is an element of violation of Section 5
(RA No. 9262) just like the mental or emotional anguish
caused on the victim. It is the means employed by the
perpetrator, while mental or emotional anguish is the effect
caused to or the damage sustained by the offended party. To
establish psychological violence as the element 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 or emotional anguish, it is necessary to present a
testimony of the victim as such experiences are personal to
this party.
In fact, neither the physical injuries suffered by the victim nor
the actual physical violence done by the perpetrator are
necessary to prove the essential elements of the crime as
defined in Section 5(i) of RA 9262. The only exception is, as in
the case at bar, when the physical violence done, petitioner
Dinamling's acts of publicly punching, kicking and stripping
her pants and underwear, although obvious acts 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 G.R. No. 179267 GARCIA v. DRILON 699 SCRA 352
injury, the physical violence translates to psychological June 25, 2013
violence since its main effect was on the victim's mental or FACTS: Petitioner Jesus Garcia (husband) admitted having an
emotional well-being.  affair with a bank manager. His infidelity emotionally
wounded private respondent which spawned several quarrels
that left respondent wounded. Petitioner also unconscionably
beat up their daughter, Jo-ann.

The private respondent was determined to separate from

petitioner. But she was afraid he would take away their
children and deprive her of financial support. He warned her
that if she pursued legal battle, she would not get a single
centavo from him. After she confronted him of his affair, he
forbade her to hold office. This deprived her of access to full
information about their businesses. Hence, no source of
income.

Thus, the RTC found reasonable ground to believe there was

imminent danger of violence against respondent and her
children and issued a series of Temporary Protection Orders
(TPO) pursuant to RA 9262.

Republic Act No. 9262 is a landmark legislation that defines

and criminalizes acts of violence against women and their
children (VAWC) perpetrated by women's intimate partners.

Petitioner hence, challenged the constitutionality of RA 9262

on making a gender-based classification.

ISSUE: Whether or not RA 9262 is discriminatory, unjust, and

violative of the equal protection clause.

RULING: No. The equal protection clause in our Constitution

does not guarantee an absolute prohibition against
classification. The non-identical treatment of women and
men under RA 9262 is justified to put them on equal footing
and to give substance to the policy and aim of the state to
ensure the equality of women and men in light of the
biological, historical, social, and culturally endowed
differences between men and women.

RA 9262, by affording special and exclusive protection to

women and children, who are vulnerable victims of domestic
violence, undoubtedly serves the important governmental
objectives of protecting human rights, insuring gender
equality, and empowering women. The gender-based
classification and the special remedies prescribed by said law
in favor of women and children are substantially related, in
fact essentially necessary, to achieve such objectives. Hence,
said Act survives the intermediate review or middle-tier
judicial scrutiny. The gender-based classification therein is
therefore not violative of the equal protection clause
embodied in the 1987 Constitution.
 the psychological violence causing mental or emotional
suffering on the wife.

Marital infidelity as cited in the law is only one of the various

acts by which psychological violence may be committed... the
mental or emotional suffering of the victim is an essential and
distinct element in the commission of the offense.

Section 7 of R.A. No. 9262 is that the law contemplates that

AAA v. BBB, GR No. 212448, 2018-01-11 acts of violence against women and their children may
Facts: manifest as transitory or continuing crimes

AAA and BBB were married on August 1, 2006 in Quezon City.
Their union produced two children: CCC was born on March
4, 2007 and DDD on October 1, 2009.
BBB started working in Singapore as a chef, where he
acquired permanent resident status
We say that even if the alleged extra marital affair causing the
offended wife mental and emotional anguish is committed
abroad, the same does not place a prosecution under R.A.
No. 9262 absolutely beyond the reach of Philippine courts.

AAA claimed that BBB sent little to no financial support,...

compelled her to fly extra hours and take on additional jobs
to augment her income as a flight attendant

There were also allegations of virtual abandonment,

mistreatment of her and their son CCC, and physical and
sexual violence.

To make matters worse, BBB... started having an affair with a

Singaporean woman named Lisel Mok with whom he
allegedly has been living in Singapore.

when

AAA and BBB had a violent altercation at a hotel room in

Singapore during her visit with their kids.

despite the claims of varied forms of abuses, the investigating

prosecutor found sufficient basis to charge BBB with causing
AAA mental and emotional anguish through his alleged
marital infidelity.[9]

The Information having been filed, a warrant of arrest was

issued against BBB.

AAA was also able to secure a Hold-Departure Order against

BBB who continued to evade the warrant of arres

Granting the motion to quash on the ground of lack of

jurisdiction and thereby dismissing the case, the trial court r

Issues:

whether or not the RTC has jurisdiction in view of the peculiar

provisions of R.A. No. 9262... whether or not Philippine courts
are deprived of territorial jurisdiction over a criminal charge
of psychological abuse under R.A. No. 9262 when committed
through marital infidelity and the alleged illicit relationship
took place outside the Philippines.

Ruling:

Physical violence is only the most visible form of abuse.

Psychological abuse, particularly forced social and economic
isolation of women, is also common."[30] In this regard,
Section 3 of R.A. No. 9262 made it a point to encompass in a
non-limiting manner the various forms of violence that may
be committed against women and their children... what R.A.
No. 9262 criminalizes is not the marital infidelity per se but

CELSO M.F.L. MELGAR, Petitioner, -versus - PEOPLE OF THE
PHILIPPINES, Respondent. G.R. No. 223477, SECOND
DIVISION, February 14, 2018, PERLAS-BERNABE, J.
Taking into consideration the variance doctrine which allows
the conviction of an accused for a crime proved which is
different from but necessarily included in the crime charged
— the courts a quo correctly convicted Melgar of violation of
Section 5 (e) of RA 9262 as the deprivation or denial of
support, by itself and even without the additional element of
psychological violence, is already specifically penalized
therein.
FACTS: In an Information, petitioner Celso Melgar (Melgar)
was charged of economic abuse against AAA and her minor
son, BBB, by depriving them of financial support, which
caused mental or emotional anguish, public ridicule or
humiliation, to AAA and her son. After arraignment wherein
Melgar pleaded not guilty to the charge against him, he and
AAA entered into a compromise agreement on the civil
aspect of the case. After the RTC's approval of the
compromise agreement, the criminal aspect of the case was
provisionally dismissed with Melgar's conformity. However,
one (1) year later, the prosecution moved to set aside the
compromise agreement and to revive the criminal action, on
the ground that Melgar sold the property, which was
supposed to, among others, answer for the support-in-
arrears of his son, BBB, pursuant to their compromise
agreement. Consequently, the RTC revived the criminal
aspect of the case and allowed the prosecution to present its
evidence.
The RTC found Melgar guilty beyond reasonable doubt of
violating Section 5 (e) of RA 9262, which the CA affirmed. The
appellate court ruled that he committed economic abuse
under Section 5 (e) of RA 9262 and that Melgar's acts "has
clearly caused mental or emotional anguish, public ridicule or
humiliation to AAA and her child, BBB."
Undaunted, Melgar moved for reconsideration, which was,
however, denied; hence, this petition. Melgar argues, inter
alia, that he was charged of violation of Section 5 (i) of RA
9262 as the Information alleged that the acts complained of
"caused mental or emotional anguish, public ridicule or
humiliation to AAA and her son, BBB." As such, he contends
that he cannot be convicted of violation of Section 5 (e) of RA
9262.
ISSUE: Whether or not the CA correctly upheld Melgar's
conviction for violation of Section 5 (e) of RA 9262. (YES)
RULING: Section 5 (i) of RA 9262, a form of psychological
violence, punishes the act of "causing mental or emotional
anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of
minor children or denial of access to the woman's
child/children." Notably, "psychological violence is an
element of violation of Section 5 (i) just like the mental or
emotional anguish caused on the victim. Psychological
violence is the means employed by the perpetrator, while
mental or emotional anguish is the effect caused to or the
damage sustained by the offended party. To establish
psychological violence as an element 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 or emotional anguish, it is necessary to present the
testimony of the victim as such experiences are personal to
this party." Thus, in cases of support, it must be first shown
that the accused's denial thereof — which is, by itself, already
a form of economic abuse — further caused mental or
emotional anguish to the woman-victim and/or to their
common child.
In this case, while the prosecution had established that
Melgar indeed deprived AAA and BBB of support, no evidence
was presented to show that such deprivation caused either
AAA or BBB any mental or emotional anguish. Therefore,
Melgar cannot be convicted of violation of Section 5 (i) of RA
9262. This notwithstanding — and taking into consideration
the variance doctrine which allows the conviction of an
accused for a crime proved which is different from but
necessarily included in the crime charged — the courts a quo
correctly convicted Melgar of violation of Section 5 (e) of RA
9262 as the deprivation or denial of support, by itself and
even without the additional element of psychological
violence, is already specifically penalized therein.
The courts a quo correctly found that all the elements of
violation of Section 5 (e) of RA 9262 are present, as it was
established that: (a) Melgar and AAA had a romantic
relationship, resulting in BBB's birth; (b) Melgar freely
acknowledged his paternity over BBB; (c) Melgar had failed to
provide BBB support ever since the latter was just a year old;
and (d) his intent of not supporting BBB was made more
apparent when he sold to a third party his property which
was supposed to answer for, among others, his support-in-
arrears to BBB. Thus, the Court finds no reason to deviate
from the factual findings of the trial court, as affirmed by the
CA, as there is no indication that it overlooked,
misunderstood or misapplied the surrounding facts and
circumstances of the case.