Case Digest (G.R. No. 260547)
Facts:
In the case G.R. No. 260547 decided on November 26, 2024, XXX260547, the petitioner and lawful husband of the private complainant AAA260547, was charged with violation of Section 5(i) of Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004. The incident dates from August 2014 to the present and occurred within Brgy. xxxxxxxxxxx, Pangasinan. The Information charged XXX260547 with willfully, unlawfully, and feloniously committing acts likely to cause psychological abuse on his wife by leaving her to live with another woman, Melinda B. Lopez, and neglecting to support their two children, to the damage and prejudice of the complainant. After arraignment in March 2017, XXX260547 pleaded not guilty. The prosecution presented testimonies from AAA260547, the Barangay captain Angelito Catubig, and XXX260547's niece CCC260547, all affirming the petitioner’s cohabitation with another woman and neglect of support. The petitioner admitted to a one-night standCase Digest (G.R. No. 260547)
Facts:
- Charge and Trial
- Petitioner XXX260547 was charged with violation of Section 5(i) of Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004).
- The Information accused him of committing acts likely to cause psychological abuse to his lawful wife AAA260547 by leaving her to live with another woman (Melinda B. Lopez) and neglecting to provide support to their two children.
- Petitioner pleaded not guilty at arraignment, and trial ensued.
- Prosecution's Evidence
- AAA260547 testified she discovered petitioner was living with Melinda and that they had a child baptized.
- She claimed emotional pain and suicidal thoughts upon discovering the infidelity.
- Angelito Catubig, Punong Barangay, testified that AAA260547 filed two complaints against petitioner.
- BBB260547, niece, testified petitioner lived with Melinda from 2015, they had two children, and she accompanied AAA260547 to verify birth certificates.
- Defense's Evidence
- Petitioner claimed he worked as a seaman for 32 years, sending 80% of his salary to AAA260547.
- He left the conjugal home due to marital quarrels and financial burden caused by AAA260547.
- Petitioner admitted a one-night stand with Melinda and having a child with her; denied cohabitation.
- Claimed he stopped supporting AAA260547 since 2015 due to lost trust; children were of legal age and employed.
- CCC260547, a barangay kagawad and cousin, testified petitioner lived alone from 2014 or 2015.
- Judicial Proceedings
- RTC found petitioner guilty beyond reasonable doubt for violation of Section 5(i) based on marital infidelity and failure to support.
- Sentenced to imprisonment, fine, and mandatory psychological counseling.
- Petitioner appealed to the CA; CA affirmed the conviction, finding that infidelity caused mental/emotional anguish, but not deprivation of support.
- Petitioner moved for reconsideration; CA denied.
- Petitioner filed a Petition for Review on Certiorari before the Supreme Court.
Issues:
- Whether the Court of Appeals erred in affirming petitioner’s conviction for violation of Section 5(i) of RA 9262.
- Whether the Information sufficiently charged petitioner with the offense by alleging all essential elements, including the mental or emotional anguish suffered by the victim.
- Whether marital infidelity punishable under Section 5(i) requires repeated incidents.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)