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.
- X
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
respondent submitted his counter-affidavit and the affidavits of his two
witnesses.
FACTS OF THE CASE
Respondent Diego E. Santos and complainant Dora D. Manlalayag has
been living together as common-law spouses in a rented one-bedroom
apartment at No. 59, Bagumbayan Sur, Naga City. Complainant alleged that
on the early hours August 7, 2016, around 3:30 in the morning, complainant
was awakened by a loud pummelling on the door. When she opened the
door, Santos slapped her and was shouting expletives at her for taking so
long to open the door. Complainant tried to avoid further altercation with
Santos by trying to retreat to their room, 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, causing the side table to break.
Respondent threw away anything he can get hold of, some of which hit
complainant Manlalayag who was still sprawled on the floor. Respondent
grabbed complainant by the hair and pulled her up only to slap her again
and hit her in the face. 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. Respondent then grabbed the
nearby wooden stool and hit her repeatedly until she truly lost
consciousness.
In support of her complaint, she submitted: (a) Medical Certificate
enumerating the injuries sustained by the complainant; (b) Police Report.
In his counter-affidavit, respondent Diego E. Santos denied the
battering incident and offered the alibi of attending a conference from
August 5 to 9, 2016 held at the Provincial Capitol Complex in Pili, Camarines
Sur. He alleged that the conference was scheduled to start at 5:00 p.m to
3:00 a.m the next day. The conference was attended by Governor Migz
Villafuerte and the members of his cabinet. For said conference, respondent
submitted his Certificate of Appearance issued by the Office of the Governor.
Respondent Santos further alleged that on August 7, 2016 at 3:00 in
the morning, he was drinking at his friend, Joselito Gomez house and were
planning a surprise for the latters wife on their anniversary. Furthermore,
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. Merlinda Romero.
Respondents witnesses, Joselito Gomez and his minor daughter Josefa
Gomez both alleged in their respective affidavits that Santos was in their
residence at #176 Del Rosario, Camarines Sur on the night of August 7, 2016
until six a.m. of the next day.
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. 3. Definition of Terms. 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
SEC. 5. Acts of Violence Against Women and their Children. 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, 2016 held at the Provincial Capitol Complex
in Pili, Camarines Sur. He alleged that the conference was scheduled to start
at 5:00 p.m to 3:00 a.m the next day. The conference was attended by
Governor Migz Villafuerte and the members of his cabinet. For said
conference, respondent submitted his Certificate of Appearance issued by
the Office of the Governor.
Moreover, an examination of the certification of Dr. Merlinda Romero
shows that complainant was involuntarily admitted to the Psychiatric Facility
Don Susano Rodriguez Memorial Hospital in Cadlan, Pili, Camarines Sur.
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. Santos for insufficiency of
evidence.
SO RESOLVED.
August 15, 2016, Naga City Philippines.
HERMIONE G. CRUZ
Senior Assistant City Prosecutor
APPROVED:
VICTOR C. DELA CRUZ
Deputy City Prosecutor
Cc:
1. Ms. Dora D. Manlalayag No. 59, Bagumbayan Sur, Naga City
2. Mr. Diego E. Santos
- No. 59, Bagumbayan Sur, Naga City
