Title
Cumigad y De Castro vs. AAA
Case
G.R. No. 219715
Decision Date
Dec 6, 2021
Edward Cumigad abandoned wife AAA and child BBB, cohabited with another woman, and withheld sufficient financial support. Courts ruled his actions as economic abuse under RA 9262, ordering one-third of his income for support and accountability for sold vehicles.
permanent protection order
financial support
marital discord

Case Summary (G.R. No. 219715)

Factual Background

The parties were married in 2006 and had one child, BBB. Respondent discovered petitioner’s affair with a former girlfriend in late 2008, after which petitioner abandoned respondent and their newborn child and removed and later sold a commonly owned Toyota Revo. Petitioner cohabited with his paramour and had two other children. Petitioner nonetheless sent monthly financial support for BBB, initially P8,500.00 and later P10,500.00 in 2009. In 2010 petitioner won a Toyota Vios in a raffle and in 2011 he sold that vehicle. Respondent repeatedly requested increased educational support for BBB in 2010 and 2012, including a tuition request of P61,350.00 in April 2012 and a formal demand for increased support on May 7, 2012. Respondent asserted that her modest salary of P31,500.00 and petitioner’s support were insufficient for their son’s needs and that she had to rely on family assistance. Respondent alleged emotional injury resulting in a diagnosis of dysthymia.

Procedural History

On December 18, 2012, respondent filed a Petition for Issuance of Permanent Protection Order under Republic Act No. 9262 and a separate criminal complaint under the same statute. The Regional Trial Court granted the Petition in an Order dated May 15, 2014, finding petitioner guilty of psychological and economic abuse and directing petitioner to provide sufficient support and ordering petitioner’s employer to withhold one-third of everything petitioner received and remit the same to respondent and their son. The trial court also ordered petitioner to account for the sale of their community property vehicle. Petitioner appealed to the Court of Appeals, which affirmed the trial court’s Order in a Decision dated April 27, 2015 and denied petitioner’s motion for reconsideration in a Resolution dated July 30, 2015. Petitioner sought relief from the Supreme Court by filing a Petition for Review on Certiorari on October 2, 2015.

Trial Court Findings and Reliefs

The Regional Trial Court found that petitioner committed psychological and economic abuse by abandoning his family, refusing adequate support, and depriving respondent and their child of the benefits of absolute community property. The trial court ordered petitioner to provide sufficient support, directed petitioner’s employer Metrobank to deduct one-third of petitioner’s earnings for automatic remittance to respondent and BBB, and ordered petitioner to account for the sale of the family car in accordance with Article 95 of the Family Code. The trial court reserved other issues for separate proceedings.

Court of Appeals’ Ruling

The Court of Appeals affirmed the Permanent Protection Order, holding that the issuance of the protection order complied with Republic Act No. 9262 and that petitioner’s acts constituted economic abuse. The appellate court noted petitioner’s gross monthly income of P102,000.00 and respondent’s monthly salary of P31,500.00. It accepted respondent’s documentary proof that BBB’s average monthly expenses amounted to P60,702.00 and deemed a withholding equal to one-third of petitioner’s income appropriate given petitioner’s means and the child’s needs. The Court of Appeals also affirmed the order requiring petitioner to account for the sale of the commonly owned vehicle.

Issues Presented to the Supreme Court

The Supreme Court identified two issues for resolution: first, whether the Court of Appeals erred in ordering petitioner and his employer to withhold and deduct one-third of everything petitioner received, including allowances, and to remit that amount to respondent; and second, whether the Court of Appeals erred in ordering petitioner to account for the sale of the vehicles.

Petitioner’s Contentions

Petitioner contested the inclusion of allowances in the computation of the withholding and argued that Section 8(g) of Republic Act No. 9262 permits withholding only of an appropriate percentage of the offender’s income or salary and that only basic salary should be subject to deduction. He maintained that allowances such as meal, representation, and transportation were not earnings but necessary job-related expenses and thus should be excluded. Petitioner further asserted that his net monthly income was insufficient to meet his personal obligations if the withholding included allowances, that respondent shared responsibility for support, and that respondent’s evidence of the child’s monthly expenses was excessive and insufficiently specific. Petitioner also argued that respondent was estopped from challenging the sale of the family car because years had elapsed since the sale.

Respondent’s Contentions

Respondent argued that the support award was just and reasonable because her monthly salary of P31,500.00 was inadequate to cover BBB’s needs and because petitioner earned a monthly gross income of P102,000.00 with likely bonuses and allowances as a bank branch manager. Respondent relied on documentary evidence of BBB’s monthly expenditures totaling P60,702.00 and contended that one-third withholding would not destroy petitioner’s way of life. Respondent further alleged that petitioner sold the family car and the raffle vehicle without her consent and without accounting or dividing proceeds, and that the proceeds formed part of the absolute community property.

Legal Framework on Economic Abuse and Reliefs under RA 9262

The Supreme Court reviewed the purpose and scope of Republic Act No. 9262, observing that the law penalizes physical, sexual, psychological, and economic abuse and provides protection orders that include multiple reliefs enumerated in Section 8. The Court emphasized that economic abuse includes acts that make or attempt to render a woman financially dependent, including depriving the woman and her children of financial resources or the use of community property. The deprivation of sufficient financial support is a continuing offense under the statute and Section 5(e)(2) explicitly recognizes depriving the woman or her children of financial support as an act of violence. The Court reiterated that support is measured by Article 194 of the Family Code as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation in keeping with the family’s financial capacity, and that the amount of support must be proportionate to the obligor’s means and the recipient’s necessities.

Supreme Court’s Assessment of Evidence on Child’s Needs and Petitioner’s Means

The Supreme Court found that respondent presented documentary evidence, including actual receipts, showing BBB’s average monthly expenses of P60,702.00 for food, medical attendance, housing, clothing, transportation, and education, and that petitioner failed to refute this specific evidence. The Court observed that petitioner relied instead on generalized statistical averages that did not account for BBB’s particular needs. Given petitioner’s documented financial capacity, the Court concluded that the P10,500.00 monthly support previously paid was clearly insufficient, and that the trial court’s and Court of Appeals’ determinations as to the child’s expenses and the need for increased support were supported by the record.

Interpretation of “Income or Salary” and Inclusion of Allowances

The Supreme Court examined the statutory phrase “income or salary” in Section 8(g) of Republic Act No. 9262 and construed the disjunctive “or” to permit the court to choose between salary and income as the source of withholding. The Court explained that “salary” generally denotes compensation for services and excludes allowances and other benefits, citing Songco v. National Labor Relations Commission and Equitable Banking Corporation v. Sadac. The Court further explained that “income” is broader and covers emoluments, honoraria, bonuses, allowances, pensions, and similar sources, such that salary is but a component of income. Accordingly, because the statute permits deduction from the offender’s income o

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