Facts
Janito A. Sedenio (Sedenio) and AAA had a dating relationship that began in 2009. Although both were married to other people, they maintained a secret relationship for approximately two (2) years. Sedenio assisted AAA with the amortization of her residential unit and they collaborated on a sugarcane plantation.
Their relationship turned sour in 2011 after disputes over financial matters regarding the proceeds of their sugarcane harvest and AAA’s involvement with another man, YYY.
In April 2011, AAA disclosed to Sedenio her relationship with YYY, and showed Sedenio their pictures, claiming they had gotten married in a Muslim ceremony. While Sedenio eventually managed to come to terms with the relationship, he grew jealous upon seeing that YYY was staying in AAA’s home. Sedenio then sent AAA a threatening text message, stating: “Dauban na nako ang tanan gamit ni [YYY] ug dili na nimo haw-ason sa imong balay ug dili ka pakita nako,” which translates to, “I will burn all of [YYY]’s belongings if you do not remove them from your house and if you refuse to see me in person.” AAA caused the incident to be recorded at the police station.
On July 18, 2012, AAA went to the police station to report another text message sent to her by Sedenio, where he threatened to humiliate AAA before her creditors, called her “ligated,” and told her that her husband left her and had custody of their children because she was irresponsible and of ill-repute.
Two days later, or on July 20, 2012, Sedenio sent AAA another threatening text message, stating: “Kung ayaw mo akung kausapin mgbayad ka lang sa 20K na imo ghulam pra hospital ni [KKK] k kng edeadma mu yan cge mag antay ka kung anung gawin ko kasama na mama mung consentidor,” which translates to, “If you do not want to talk to me, just pay the [PHP 20,000.00] that you borrowed for the hospitalization of [KKK]. If you will ignore me, just wait for what I will do. I will include your consenting mother.”
On July 23, 2012, Sedenio sent AAA another text message, stating “Dako ka nadispalko sa lending tungod sa imong lalaki k gapato o ka mayaman,” which translates to, “You embezzled a large amount of money in the lending company because of your guy who made you believe that he is rich.”
On August 2, 2012, AAA received another text message from Sedenio, stating: “Unsa storya [YYY] nmu 13 iya anak kaya nia tostosan yan na ginhawa ang buhay may pa ug dili cia mangawat sa barko di na pla ra gud iya sahod bantog rah cge ra ingon pagpakatatag ka hon wlay datong aw babaye man pod muy bahala k maya man gd gatog an cia patoga2 may man ko k duha rah ako anak ge owat rpud ka otin ra pohonan k solve and libog nmu” which translates to, “What did [YYY] tell you? That he has children and he can support all of them and give them a comfortable life? If he did not steal from the ship he could not do so because he makes a meager income. That is why he keeps telling you to be strong. Even if he has no money[,] the girl will take charge of everything. Good for me, I only have two children. He deceived you. His only contribution is his penis and you are already satisfied.”
On August 13, 2012, Sedenio forcibly entered AAA’s house using a kitchen knife, staying there until the police arrived. Despite catching Sedenio in AAA’s home, the police officers did not do anything-even letting Sedenio leave before they did. Nonetheless, AAA knew that Sedenio used a knife to enter because she saw the knife on her couch. AAA later brought the knife to the police station.
After the incident, Sedenio sent AAA several mocking text messages.
First, Sedenio said,”Naposasan ko haha ikaw ra gapaka ulaw sa imong pkatawo hahaha pgkalooy,” which translates to, “Was I handcuffed? Haha. You just humiliated yourself.”
Second, he messaged, “Daghan u rocket mga lake sa nabalan noon ka sa … Police Stn hahaha ako napod pa blotter sa … [kda] txt nag patyon k ni [YYY] mabulgar nah jud nah sa taan u rocket hahaha,” which translates to, “… Police Station knows about you. It is my turn to cause a police blotter in … because I have a text message saying [YYY] will kill me. Everyone will know about your racket.”
Third, Sedenio stated, “Ayaw palabe salig nga inila mu sa … k basin maulawan ka nya mao u plano posasan k hahaha gpicturan nako tanan u album n [YYY]. Epadala ko ni [GGG] sa Aboitiz tan awon nako kto u blotter sa … tubagon nko 2 k d a ko daghan picture Ninyo ni [YYY] butol ka ako imo isulod ug bulsa nasayop ka k bright pako nimu usa pa maulaw ko lalake hahahaha,” which translates to, “Do not be too complacent that you are known in …. Maybe you will be embarrassed. Was that your plan to have me handcuffed? Hahaha. I took a picture of all your albums with [YYY]. I will [send] them to [GGG] in Aboitiz. I will look at your blotter in …. I will answer it. You are dumb. You tried to make a fool out of me. You made a mistake because I am smarter than you. Hahahaha.”
Fourth, he texted, “Ugma adon nako [RRR] sa coop mao nman ni u toyo tanan tan awon nto knsa sikat hahaha,” which translates to, “Tomorrow, I will go to [RRR] in the cooperative. That is what you want. Let us see who will become famous. Hahaha.”
Fifth, Sedenio said, “Aron jud mulame pa blotter npd tka n [VVV] na a ka panty dri ug picture nako gahukas ka gadulog ta pakita na sa barangay … tanan aron naa ebedencia [VVV],” which translates to, “To make it better, I will also tell [VVV] to enter in the police blotter that you have your underwear here and show a picture of you and me in bed wearing no clothes. Show it to everyone in xxxxxx so that [VVV] will have evidence.”
Finally (6th text), he messaged, “Krn happy nha sa imong gebuhat pero wala ka molampas k wala man ko maposas gapakaulaw rka pag ingon nmo nya wala ka makapahimulos nako tan awa ra unsa k ka butol ga sis patong usang pulis nko pag una ra og gawas sir k wala me labot ana u problema laktod pagka storya ni angal and usang lalake k napud laen lake gpakaulaw rka sa inyong pamilya labe na ni [DDD] kapita [ra] sa an u brgy cge lang. Kuhaan nko statement and pulis na ko kaila ato nga mubayad ka aghan cla nkadungog nmu ayaw na pagmalinis k basa nka tanan maypa muapas ka n [YYY] sa … [ad2] mu mgpuyo did2 wlay nkaila nmu pro sa … ay nlang basa nka ikaw ra gabobo ug tubig sa imong ulo,” which translates to, “Are you happy with what you did? You did not succeed because I was not handcuffed. You were just humiliating yourself when you told them and you were not able to take advantage of me. Look how dumb you are. The police even told me to go ahead because they do not have any involvement in this problem. To be honest, one of the men objected because there was another guy. You are just embarrassing your family, especially [DDD], who is the barangay captain in your barangay. Do not worry, I will take the statement of the police officer who heard you say that you are going to pay. Many of them heard you. Do not act clean. It would be better if you would go after [YYY] in xxxxxx and live there because nobody knows you there. In xxxxxx, everyone already knows about you. You poured water on your own head.”
As a result of Sedenio’s text messages, AAA experienced mental anguish, sleepless nights for around six months, and a besmirched reputation. She could also no longer look her neighbors in the eyes because she was worried that they were laughing at her.
For his defense, Sedenio claimed that he and AAA were in a loving relationship. However, when Sedenio moved to Iloilo for work for three months, he was told by his men in xxxxxx that AAA was seeing YYY, another married man. This angered Sedenio and made him depressed, causing him to send “bad” text messages to AAA three times. According to Sedenio, he was the one paying for the amortization of the house, but another man was sleeping in it. Further, he was drunk when he sent AAA the text messages.
Sedenio was then charged with a violation of Sec. 5(h)(5) of R.A. 9262. The RTC found Sedenio guilty beyond reasonable doubt. Aggrieved, he appealed before the CA, in which the CA denied his appeal and affirmed the ruling of the RTC. Sedenio then filed a Petition for Review on Certiorari with the Supreme Court.
ISSUE: Whether or not Sedenio is guilty beyond reasonable doubt for violating Section 5(h)(5) of R.A. 9262.
Ruling
Yes, Sedenio is guilty beyond reasonable doubt for violating Sec 5(h)(5) of R.A. 9262.
Section 5(h)(5) of Republic Act No. 9262 provides one of the ways by which violence against women may be committed, to wit:
“Section 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:
. . . .
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
. . . .
(5) Engaging in any form of harassment or violence[.]”
Pursuant to Section 5(h)(5) of R.A. No. 9262, the elements of violence against women through harassment are:
- the offender has or had a sexual or dating relationship with the offended woman;
- the offender, by themselves or through another, commits an act or series of acts of harassment against the woman; and
- (3) the harassment causes her alarm or substantial emotional or psychological distress.
All the elements of Section 5(h)(5) of R.A. 9262 are present in the instant case.
The first element of violence against women through harassment is either a present or past sexual or dating relationship with the offended woman. Thus, as long as at the time the alleged crime was committed, the offender and the offended woman either were or used to be in a sexual or dating relationship, the foregoing element is present. In this case, at the time of the commission of the crime, Sedenio and AAA were in a sexual or dating relationship.
The second element is satisfied when AAA testified, and Sedenio likewise admitted, that Sedenio sent AAA multiple text messages constituting harassment from July to August 2012. Sedenio sent AAA such “humiliating and threatening words” because he felt hurt by the fact that AAA was living with another man and he was often drunk when texting here.
The third element is satisfied as the harassment inflicted upon AAA by Sedenio caused her alarm or substantial or psychological distress.
Under R.A. 9262, psychological violence refers to acts or omissions that cause or are likely to cause the victim’s mental or emotional suffering. One such form of psychological violence is harassment.
In the instant case, it was established that Sedenio, through a series of text messages over multiple months, threatened to humiliate AAA before her creditors; threatened to potentially harm her and her mother; accused her of embezzling money; stated that the “only contribution” of her new lover is “his penis;” said that she humiliated herself by calling the police; threatened to file a police blotter against her; called her dumb; and threatened to show everyone in … a photograph of her and petitioner in bed with no clothes, among others. AAA testified that as a result of such text messages, she experienced mental anguish, sleepless nights for around six months, and besmirched reputation. She could no longer look her neighbors in the eyes out of fear that they were laughing at her.