Case Digest (G.R. No. 167594)
Facts:
In People of the Philippines v. Ricky Dinamling, petitioner Ricky Dinamling, then a policeman, and respondent AAA were in a five-year relationship with two common children. On the evening of March 14, 2007, after a drinking spree, Dinamling ordered AAA and the children out of her boarding house, accusing her of using it as a “whore house,” telling her to pack in garbage bags and a duckling carton, and smashing the baby’s feeding bottle. AAA fled to a friend’s home, and Dinamling absconded with their older child. Six days later, on March 20, 2007, Dinamling found AAA at another friend’s house, struck her on the ear, kicked her to the ground, publicly stripped her of her pants and panty, hurled insults, and left. AAA suffered bleeding, back pain, and an incomplete abortion. The Regional Trial Court (RTC) convicted Dinamling of two counts of psychological violence in violation of Section 5(i), in relation to Section 6(f) of Republic Act No. 9262 (RA 9262), sentencing him to prisionCase Digest (G.R. No. 167594)
Facts:
- Parties and Relationship
- Ricky Dinamling (petitioner), formerly a policeman, and AAA were in a five-year dating relationship with two common children (ages four and two).
- AAA had previously suffered physical abuse (head hits, hair-pulling, kicking); earlier police complaints were dismissed as “family problems.”
- Incident of March 14, 2007
- Around 7–8 PM, after drinking, Dinamling arrived at AAA’s boarding house with a friend, evicted AAA and the children, accusing her of running a “whore house.” He ordered her to pack in a trash bag and duckling carton.
- When AAA delayed leaving, Dinamling angrily threw and broke the baby’s feeding bottle outside; he then left with the older child, forcing AAA to seek help to retrieve the children.
- Incident of March 20, 2007
- At about 9 PM near CCC’s house, Dinamling shouted at AAA to come out, punched her ear (causing bleeding), kicked her, pulled down her pants and underwear in public, hurled insults, then departed on a motorcycle.
- The next morning AAA suffered back pain, profuse bleeding, and an incomplete abortion at 19 weeks, leading to a four-day hospitalization.
- Procedural History
- Dinamling was charged in two Informations for psychological violence under RA 9262 § 5(i), with pregnancy as an aggravating circumstance.
- RTC convicted him in both cases, sentencing him to prision mayor; CA affirmed with modification under the Indeterminate Sentence Law.
- Petitioner sought SC review under Rule 45, contesting factual findings and Dr. Diaz’s testimony on abortion causation.
Issues:
- Whether the defenses of denial and alibi were erroneously disregarded.
- Whether Dr. Diaz’s uncertain testimony on abortion causation created reasonable doubt.
- Whether the SC may re-examine factual findings on certiorari.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)