G.R. No. 247661 - DEEPAK KUMAR, VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE, the Court finds accused Deepak Kumar guilty beyond reasonable doubt in Criminal Case No. 11-544 for violation of Section 5(a) of Republic Act No. 9262 and is sentenced to a straight penalty of four (4) months of arresto mayor in its medium in the absence of an aggravating or mitigating circumstance, and is further ordered to pay the private complainant P5,000.00 as and for civil indemnity; P10,000.00 as and for moral damages; P5,000.00 as and for temperate damages; and P10,000.00 as and for exemplary damages, all with 6% per annum [interest] from the finality of this decision. The court also finds accused Deepak Kumar guilty beyond reasonable doubt in Criminal Case No. 11-545 for violation of Section 5(g) of Republic Act No. 9262 and is sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional in its medium as the minimum to eight (8) years and one (1) day of prision mayor in its medium, as the maximum period, in the absence of a mitigating or an aggravating circumstance, with all the accessory penalties under the Revised Penal [Code] and other laws. He is further ordered to pay the private complainant P20,000.00 as and for civil indemnity; P20,000.00 as and for moral damages; P5,000.00 as and for temperate damages[;] and P20,000.00 as and for exemplary damages, all with 6% per annum [interest] from the finality of this decision. In both cases, the accused is prohibited from threatening or attempting to threaten, personally or through another, the private complainant and her family, or from harassing, annoying, telephoning, contacting, or otherwise communicating with the private complainant, directly or indirectly, and is further ordered to stay away from the private complainant or any member of her family or household, or from their residence or places the private complainant usually goes, at a distance of 500 meter radius. Accused is further prohibited from any use [sic] or possession of any firearm or deadly weapon, and is ordered to surrender the same to the court for appropriate disposition. Accused is warned that any violation of this protection order is punishable by contempt, or it is basis to file another criminal case against him. SO ORDERED.