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Dabalos vs. RTC G.R. No. 193960

The petitioner assaulted his ex-girlfriend after she confronted him about spreading rumors and not repaying a loan. He was charged under the Anti-Violence Against Women and their Children Act (RA 9262). The petitioner argued the charges should be dismissed because their dating relationship had ended prior to the assault. The court rejected this argument, finding that RA 9262 does not require the act of violence to be a consequence of the relationship. The court affirmed the doctrine that when the law does not distinguish, neither should the courts. As the law does not limit its application based on the status of the relationship, the petitioner was found liable under RA 9262.

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5K views2 pages

Dabalos vs. RTC G.R. No. 193960

The petitioner assaulted his ex-girlfriend after she confronted him about spreading rumors and not repaying a loan. He was charged under the Anti-Violence Against Women and their Children Act (RA 9262). The petitioner argued the charges should be dismissed because their dating relationship had ended prior to the assault. The court rejected this argument, finding that RA 9262 does not require the act of violence to be a consequence of the relationship. The court affirmed the doctrine that when the law does not distinguish, neither should the courts. As the law does not limit its application based on the status of the relationship, the petitioner was found liable under RA 9262.

Uploaded by

Adfat Pandan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Issues and Holdings
  • Facts
  • Introduction to the Case

PANDAN, Philip Angelo S.

TITLE: Dabalos vs. Regional Trial Court, G.R. No. 193960, January 7, 2013
KARLO ANGELO DABALOS y SAN DIEGO, petitioner, vs. REGIONAL TRIAL COURT, BRANCH
59, ANGELES CITY (PAMPANGA), REPRESENTED BY ITS PRESIDING JUDGE MA. ANGELICA
T. PARAS-QUIAMBAO; THE OFFICE OF THE CITY PROSECUTOR, ANGELES CITY
(PAMPANGA); AND ABC, respondents
Ponente: Justice Perlas-Bernabe
Petition: Petition for certiorari and prohibition assailing the Orders of the RTC which denied petitioners
Motion for Judicial Determination of Probable Cause with Motion to Quash the Information.
Topics: Ubi Lex Non Distinguit Nec Nos Distinguere Debemus
Doctrines and Provisions:
Republic Act No. 9262: Anti-Violence Against Women and their Children Act
Doctrine: When the law does not distinguish, neither should the courts- The limitations of the law should
only be set by itself.
Facts:

July 13, 2009, The complainant sought payment of the money she had lent to petitioner but the
latter could not pay. She then inquired from petitioner if he was responsible for spreading rumors
about her which he admitted. She then slapped the petitioner, who did then and there willfully,
unlawfully and feloniously use personal violence on the complainant, by pulling her hair,
punching complainants back, shoulder and left eye, thereby demeaning and degrading the
complainants intrinsic worth and dignity as a human being.
November 19, 2009, RTC issued warrant of arrest for the petitioner.
Petitioner posted a cash bond for his provisional liberty
August 12, 2010, Petitioner filed a Motion for Judicial Determination of Probable Cause with
Motion to Quash the Information. 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.
RTC ruled against the petitioner; It did not consider material the fact that the parties dating
relationship had ceased prior to the incident, ratiocinating that since the parties had admitted a
prior dating relationship, the infliction of slight physical injuries constituted an act of violence
against women and their children.

Issues and Holdings:


1. Whether or not petitioner is liable under RA 9262, given that the said violence occurred not
because of the relationship between the petitioner and the complainant.
The petitioner is liable under RA 9262. it is not indispensable that the act of violence be a
consequence of such relationship. Nowhere in the law can such limitation be inferred.

Hence, applying the rule on statutory construction that when the law does not
distinguish, neither should the courts, then, clearly, the punishable acts refer to all acts
of violence against women with whom the offender has or had a sexual or dating
relationship.
Ruling:
The petition is DISMISSED. The Orders of the Regional Trial Court are AFFIRMED.

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