Case Digest: Reyes v. People, G.R. No. 232678, July 3, 2019

     Section 5(i) of RA 9262 | Criminal Law


Facts:
Esteban Reyes was charged with violation of Section 5(e) of RA 9262 for withholding financial support from AAA. The RTC issued a Temporary Protection Order (TPO) and a Hold Departure Order (HDO) against Reyes. The TPO was later made permanent. 

Reyes filed a Motion to Quash the Information, arguing that the allegations do not constitute the crime of violation of Section 5(e), par. 2. The RTC ruled that Reyes is being charged with violation of Section 5(i) of R.A. No. 9262 and directed the prosecutor to amend the Information. The RTC held that the amendment of the Information was proper, since Reyes has not been arraigned at that time.

AAA and Reyes were married on May 15, 1969. Four children were born out of this union. Reyes was seldom at home since he was a pilot. Sometime in 2005, AAA learned that Reyes got married to a certain Marilou Osias Ramboanga who had borne him four children and with whom he is living with up to the present.

AAA claimed that Reyes used to give her and their children monthly financial support, but he suddenly ceased giving the same in July 2005. According to AAA, what impelled her to file the complaint for violation of R.A. No. 9262 against Reyes was due to the latter's failure to provide her with monthly financial support. 

Reyes assailed the validity of his marriage with AAA alleging that he never attended the marriage ceremony and that his supposed signature appearing in the marriage certificate was forged. He also pointed out that his supposed age of twenty-five years old as reflected in the marriage certificate was erroneous considering that he was born on August 3, 1948. Petitioner alleged that he lived with AAA in a common-law relationship, which produced three daughters and a son.

He admitted that he no longer provides AAA with financial support since July 2006 because he was disappointed with her for instituting a criminal case for Bigamy against him which he considered as an act of ingratitude. In 2007, he stopped flying as a pilot after he was prevented from leaving the Philippines by virtue of a Hold Departure Order issued against him at the instance of AAA.


RTC & CA: Guilty of violation of Section 5 (i) of RA 9262.


Issues:
I. WoN the Information failed to allege any of the acts punishable under either Section 5(e), par. 2 or Section 5(i) of R.A. No. 9262
II. WoN the petitioner cannot be held liable for violation of R.A No. 9262 because he has no obligation to financially support AAA since he never contracted marriage with her.
III. WoN Reyes can also be convicted of violation of Section 5(e), par. 2 for having committed economic abuse against AAA.

Held:
Guilty of violation of Section 5 (i) of RA 9262.

I. The Court finds that the Information contains the recital of facts necessary to constitute the crime charged. The June 5, 2006 Information stated in no uncertain terms that: (1) the offended party, AAA, is the wife of the offender Reyes; (2) AAA sustained mental and emotional anguish; and (3) such anguish is inflicted by offender Reyes when he deliberately and unlawfully denied AAA with financial support.

Psychological violence is certainly an indispensable element of violation of Section 5(i) of R.A. No. 9262. Equally essential is the element of the mental or emotional anguish which is personal to the complainant. Psychological violence is the means employed by the perpetrator, while mental or emotional suffering is the effect caused to or the damage sustained by the offended party. 

We concur with the similar findings of the courts a quo that the prosecution had duly proved, through the clear and convincing testimonies of AAA and her daughter, that Reyes committed psychological violence against AAA when he deprived her of financial support beginning July 2005 and onwards which caused her to experience mental and emotional suffering to the point that even her health condition was adversely affected.

II.  The National Statistics Office certified copy of a marriage certificate presented by the prosecution serves as positive evidence of the existence of the marriage between Reyes and AAA. The certified copy of the marriage contract, issued by a public officer in custody thereof, is admissible as the best evidence of its contents. The marriage contract plainly indicates that a marriage was celebrated between Reyes and AAA on May 15, 1969, and it should be accorded the full faith and credence given to public documents. As correctly pointed out by the CA, their marriage is deemed valid until declared otherwise in a judicial proceeding. Hence, Reyes is obliged to support his wife, AAA, the amount of which shall be in proportion to the resources or means of the said petitioner and to the needs of the latter.

III. Reyes can also be convicted of violation of Section 5(e), par. 2 for having committed economic abuse against AAA. Criminal liability for violation of Section 5(e) of R.A. No. 9262 attaches when the accused deprives the woman of financial support which she is legally entitled to. Deprivation or denial of support, by itself, is already specifically penalized therein.
Reyes, although gainfully employed after June 2005, deliberately refused to provide financial support to AAA. According to Reyes, he stopped giving monetary support to AAA because she filed a Bigamy case against him. The Court finds his excuse unacceptable and will not at all exculpate him from criminal liability under the VAWC. Evidently, the denial of financial support is designed to subjugate AAA's will and control her conduct, either to pressure her to withdraw said criminal case for Bigamy or dissuade her from pursuing it, or at least, to discourage her from filing additional cases against him.


Penalty:
(1) Petitioner Esteban Donato Reyes is found GUILTY beyond reasonable doubt of Violation of Section 5(i) of Republic Act No. 9262 and is sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.
(2) Petitioner is ORDERED to PAY a fine equivalent to Two Hundred Thousand Pesos (₱200,000.00); and
(3) Further, petitioner is DIRECTED to UNDERGO a mandatory psychological counselling or psychiatric treatment, and to report his compliance therewith to the court of origin within fifteen (15) days after the completion of such counselling or treatment.



Crime Committed by the Appellant:

Section 3. Definition of Terms. -As used in RA 9262:

x x x x

C. "Psychological violence" refers to acts or omissions, causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

x x x x

Section 5(i) of R.A No. 9262 penalizes some forms of psychological violence that are inflicted on victims who are women and children through the following acts:

x x x x

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman's child/children.

Elements of violation of Section 5(i) of R.A. No. 9262:

(1) The offended party is a woman and/or her child or children;
(2) The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode;
(3) The offender causes on the woman and/or child mental or emotional anguish; and
(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar acts or omissions. 


Recit Version:

Facts:
Esteban Reyes was charged with violating Section 5(e) of RA 9262 for withholding financial support from his wife, AAA. 
Reyes filed a Motion to Quash the Information, arguing that the allegations do not constitute the crime of violation of Section 5(e), par. 2. The RTC ruled that Reyes was being charged with violation of Section 5(i) of RA 9262 and directed the prosecutor to amend the Information. 
AAA claimed that Reyes used to give her and their children monthly financial support, but he suddenly stopped in July 2005. Reyes admitted that he stopped providing financial support since July 2006 because he was disappointed with AAA for filing a criminal case for Bigamy against him. Reyes also claimed that he was not legally married to AAA. 
RTC & CA: Guilty of violation of Section 5 (i) of RA 9262.


Issues:
I. WoN the Information failed to allege any of the acts punishable under either Section 5(e), par. 2 or Section 5(i) of R.A. No. 9262.
II. WoN the petitioner cannot be held liable for violation of R.A No. 9262 because he has no obligation to financially support AAA since he never contracted marriage with her.
III. WoN Reyes can also be convicted of violation of Section 5(e), par. 2 for having committed economic abuse against AAA.

Held:
Guilty of violation of Section 5 (i) of RA 9262.

I. The Court finds that the Information contains the recital of facts necessary to constitute the crime charged. The June 5, 2006 Information stated in no uncertain terms that: (1) the offended party, AAA, is the wife of the offender Reyes; (2) AAA sustained mental and emotional anguish; and (3) such anguish is inflicted by offender Reyes when he deliberately and unlawfully denied AAA with financial support.

Reyes committed psychological violence against AAA when he deprived her of financial support beginning July 2005 and onwards which caused her to experience mental and emotional suffering to the point that even her health condition was adversely affected.

II.  The National Statistics Office certified copy of a marriage certificate presented by the prosecution serves as positive evidence of the existence of the marriage between Reyes and AAA. As correctly pointed out by the CA, their marriage is deemed valid until declared otherwise in a judicial proceeding. Hence, Reyes is obliged to support his wife, AAA, the amount of which shall be in proportion to the resources or means of the said petitioner and to the needs of the latter.

III. Reyes can also be convicted of violation of Section 5(e), par. 2 for having committed economic abuse against AAA. Criminal liability for violation of Section 5(e) of R.A. No. 9262 attaches when the accused deprives the woman of financial support which she is legally entitled to. Deprivation or denial of support, by itself, is already specifically penalized therein.


Penalty:
(1) Petitioner Esteban Donato Reyes is found GUILTY beyond reasonable doubt of Violation of Section 5(i) of Republic Act No. 9262 and is sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.
(2) Petitioner is ORDERED to PAY a fine equivalent to Two Hundred Thousand Pesos (₱200,000.00); and
(3) Further, petitioner is DIRECTED to UNDERGO a mandatory psychological counselling or psychiatric treatment, and to report his compliance therewith to the court of origin within fifteen (15) days after the completion of such counselling or treatment.


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