Case Digest (G.R. No. 136490)
Facts:
In Rommel Z. Borja v. People of the Philippines (G.R. No. 258417, January 29, 2024), petitioner Rommel Z. Borja, a Department of Public Works and Highways contractor, was charged with two counts under Republic Act No. 9262 for acts committed on August 3, 2016, in Orion, Bataan. The private complainant, Aileen Joy G. Adriatico, his live-in partner and spa owner, testified that upon returning from Manila, Borja suddenly retrieved a gun, tucked it into his waist, grabbed her by the collar, held her hands tightly, and punched her left leg three times, inflicting bruises that required three to nine days of medical attention. The following day, he sent threatening text messages. Aileen executed a sworn statement at the municipal police station and underwent a medico-legal examination confirming hematomas on her hand and leg. The Regional Trial Court (RTC), Branch 93, Balanga City, found Borja guilty of violating Section 5(a) of RA 9262 for inflicting physical harm but acquitted him ofCase Digest (G.R. No. 136490)
Facts:
- Antecedents
- Criminal Case No. 16965 charged petitioner with violation of Section 5(a) of RA 9262 for inflicting physical harm on his live-in partner, Aileen Joy G. Adriatico, on August 3, 2016 in Orion, Bataan, by grabbing her shirt, holding her hands tightly and punching her repeatedly while armed with a gun.
- Criminal Case No. 16966 charged petitioner with violation of Section 5(e)(4) of RA 9262 for threatening to close Aileen’s business and thereby restricting her movement or conduct.
- Prosecution’s Version
- Aileen and petitioner, common-law partners, returned home from Manila. Petitioner retrieved a gun, tucked it at his waist, grabbed Aileen’s collar and punched her left leg three times, uttering “putang ina mo,” causing injuries requiring three to nine days of medical attention.
- The next day, petitioner continued threats via text messages. Aileen executed a sworn statement at the Orion Municipal Police Station and underwent a medico-legal examination confirming hematoma on her hand and leg.
- Defense’s Version
- Petitioner denied any violence, recounting a peaceful return from Manila, bathing together, and going to sleep without incident.
- He offered photographs and a PNP certification of no firearms registration, and his mother testified on his behalf.
- Lower Courts’ Rulings
- RTC (Branch 93, Balanga City) in its January 5, 2018 Judgment convicted petitioner under Section 5(a) (sentenced to four months arresto mayor plus damages) and acquitted him under Section 5(e)(4).
- CA in its October 13, 2020 Decision affirmed the RTC’s findings and penalty.
Issues:
- Whether petitioner is guilty beyond reasonable doubt of violating Section 5(a) of Republic Act No. 9262.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)