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    Case Analyses

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    April Caringal
    1. The court found Ricky Dinamling guilty of physically, psychologically, and economically abusing AAA based on her testimony and evidence presented. 2. The court rejected Dinamling's denial and alibi, finding AAA's account of events and suffering to be credible and supported by other witness testimony. 3. In the case of Jennifer Laude and Joseph Scott Pemberton, the students argue that reducing the charge from murder to homicide based on claims of passion, intoxication, and shock was not sufficiently justified and did not properly consider Pemberton's intent to kill.

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    Case Analyses

    Uploaded by

    April Caringal
    788 views2 pages
    1. The court found Ricky Dinamling guilty of physically, psychologically, and economically abusing AAA based on her testimony and evidence presented. 2. The court rejected Dinamling's denial and alibi, finding AAA's account of events and suffering to be credible and supported by other witness testimony. 3. In the case of Jennifer Laude and Joseph Scott Pemberton, the students argue that reducing the charge from murder to homicide based on claims of passion, intoxication, and shock was not sufficiently justified and did not properly consider Pemberton's intent to kill.

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    1. The court found Ricky Dinamling guilty of physically, psychologically, and economically abusing AAA based on her testimony and evidence presented. 2. The court rejected Dinamling's denial and alibi, finding AAA's account of events and suffering to be credible and supported by other witness testimony. 3. In the case of Jennifer Laude and Joseph Scott Pemberton, the students argue that reducing the charge from murder to homicide based on claims of passion, intoxication, and shock was not sufficiently justified and did not properly consider Pemberton's intent to kill.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    788 views2 pages

    Case Analyses

    Uploaded by

    April Caringal
    1. The court found Ricky Dinamling guilty of physically, psychologically, and economically abusing AAA based on her testimony and evidence presented. 2. The court rejected Dinamling's denial and alibi, finding AAA's account of events and suffering to be credible and supported by other witness testimony. 3. In the case of Jennifer Laude and Joseph Scott Pemberton, the students argue that reducing the charge from murder to homicide based on claims of passion, intoxication, and shock was not sufficiently justified and did not properly consider Pemberton's intent to kill.

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    Case 1:

    A.

    Perpetrator Ricky Dinamling


    Victim – Survivor AAA
    Physical: He pulled her hair, kicked and punched her which
    caused AAA’s bleeding and miscarriage.
    Psychological: He humiliated AAA by badmouthing her
    surname shouting “good – for – nothing” and eventually stalk
    Acts committed
    her. Also, let her to miscarry the baby she had inside her womb.
    Economic: He evicted AAA for no reason and let AAA to be
    dependent on her own, without giving her the financial support
    she needed.
    Kind of Violence Physical, psychological and economic violence.
    Sections of the law violated Sec. 5 Acts of Violence Against Women and their Children.

    B.

    With the abovementioned case between the perpetrator, Ricky Dinamling and
    the victim – survivor AAA, the court held the decision of;

    HELD:

    Based on the narration of AAA, it gives rise the charges as clear, categorical
    and straightforward. Her mother also testifies about the maltreatment on her daughter
    including the times that she saw her on bluish spot. On this field case against the
    petitioner, aside from facts proven it was also proved that AAA was physically and
    verbally abused. And that she was emotional and mental abused due to public
    humiliation.

    The denial and alibi by Dinamling, was crossed examined as it only takes two
    to three minutes to go to police station from their house. This defense was weak and
    even it supported by clear evidence, still cannot prevail to the respondents’
    declaration. In fact, the physical violence committed by the perpetrator does not need
    to prove its element in Sec. 5(i) of RA 9262. Except, the fact that was proven that it
    was caused by mental and emotional suffering.
    Moreover, we, having the opinion basing on the observation we had with the
    ruling declared by the Court of Appeals, have learned that, the decision held was
    accurate or affirmative to make. The multiple acts of violence committed by Dinamling
    was classified to serious actions that should be brought in court. The denial and alibi
    used by the perpetrator cannot cease the fact of AAA’s sufferings. While even the
    court proven that it was correct, the allegations and testimony of evidences that
    brought by other people were also taken into consideration, that made the
    respondent’s petition to be strong and defensible against the petitioner.

    Hence, everyone has the power to sue if their rights and interests are being
    aggrieved by someone, especially as a woman who is building her modest and
    requires respect.

    CASE 2:

    With regards with the case of Jennifer Laude and Lance Corporal Joseph Scott
    Pemberton, a US marine, the court declared to reduce the sanction from murder to
    homicide giving the latter with only ten (10) years of imprisonment. Based on the facts
    given on the said case, the court should not decide to only based in the precision that
    the perpetrator was in the presence of passion and obfuscation, and intoxication.
    Because, those elements might be an alibi to just say that the perpetrator was not
    intending to kill the victim, Jennifer. Given also the fact that Lance is shocked by the
    revelation he just found out, which gives more reasons for him to have in mind the
    intension of killing. Which in this case should not happen if he just controlled himself
    and give to the authority the verdict for Jennifer’s dishonesty.

    To sum up, we have observed that those said elements must be reviewed first
    accordingly with the information and guidance provided by law to test the essentiality
    and significance of the data on the case, or if it will have an effect on the defense of
    the perpetrator that will equal and support the accurateness of the said decision, that
    is to lessen the sentence, to see if it is appropriately justified.

    BOLOSADA, Jan Aira Legaspi


    CARINGAL, April Pasahol
    GUEVARRA, Kezia Ander
    LANDICHO, Annabelle Rasay
    2BSA - 1

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