Title
Melgar vs. People
Case
G.R. No. 223477
Decision Date
Feb 14, 2018
Melgar convicted under RA 9262 for economic abuse after failing to provide financial support to his child, despite court orders and financial capacity.
financial support
imprisonment
fine
A

Case Summary (G.R. No. 223477)

Factual Background

The prosecution alleged that Melgar and AAA had a romantic relationship which produced BBB, an illegitimate child, and that Melgar freely acknowledged paternity. The evidence established that Melgar ceased providing support when BBB was about one year old and thereafter persistently failed to give support despite a support judgment. AAA claimed that Melgar had the means to provide support and that she expended P20,000.00 a month for BBB’s needs and requested P8,000.00 monthly from him. The prosecution further alleged that Melgar sold a parcel of land which was supposed to answer for support-in-arrears covering 2001 to 2010.

Procedural History and Compromise Agreement

After arraignment, Melgar pleaded not guilty. He and AAA entered into a compromise agreement dated June 23, 2010 resolving the civil aspect, and the criminal aspect was provisionally dismissed with his conformity upon the RTC’s approval on June 24, 2010. One year later the prosecution moved to set aside the compromise agreement and to revive the criminal action on the ground that Melgar sold the property meant to secure the support arrears; the RTC granted revival and the prosecution presented evidence.

Trial Conduct and Waiver of Evidence

During trial Melgar repeatedly failed to appear and was deemed to have waived his right to adduce evidence. The trial court received the prosecution’s evidence and made factual findings based on witness testimony and documentary evidence, including the birth certificate and photographs demonstrating paternity.

RTC Judgment

In a Judgment dated September 10, 2012, the RTC found Melgar guilty beyond reasonable doubt of violating Section 5 (e) of RA 9262 for economic abuse by depriving AAA and BBB of financial support and for selling the property intended to answer for support arrears. The RTC sentenced him to an indeterminate term and imposed other penalties. Melgar filed a motion for reconsideration which the RTC denied on May 9, 2013.

Court of Appeals Decision

The Court of Appeals, in a Decision dated August 28, 2015, affirmed the RTC’s conviction. The CA held that Melgar was legally obliged to support BBB and that his deliberate refusal to provide support, together with his conveyance of the parcel of land intended to satisfy arrears, manifested bad faith and constituted economic abuse under Section 5 (e). The CA also concluded that Melgar’s acts caused mental or emotional anguish, public ridicule, or humiliation to AAA and BBB. A motion for reconsideration before the CA was denied in a Resolution dated February 10, 2016.

Issue Presented to the Supreme Court

The sole issue before the Court was whether the Court of Appeals correctly upheld Melgar’s conviction for violation of Section 5 (e) of RA 9262.

Legal Framework on Economic and Psychological Violence

The Court reviewed the statutory scheme in RA 9262, noting that the Act defines and criminalizes acts of violence against women and their children, including economic abuse. Section 3 (D) defines economic abuse to include withdrawal of financial support and deprivation of financial resources. Section 5 (e) criminalizes acts that deprive or threaten to deprive the woman or her children of financial support legally due, while Section 5 (i) addresses psychological violence including causing mental or emotional anguish. Section 6 prescribes penalties and requires additional measures such as mandatory psychological counseling.

Supreme Court’s Findings on Elements of the Offense

The Court held that the elements of Section 5 (e) were established: the parties had a romantic relationship producing a common child; Melgar acknowledged paternity; he failed to provide support since the child was about one year old; and he sold the property that was to secure support arrears. The Court accorded due deference to the RTC’s credibility assessments and found no reason to overturn the factual findings affirmed by the CA.

On the Variance Allegation and Section 5 (i)

The Court addressed Melgar’s contention that the Information alleged acts causing mental or emotional anguish and that he therefore could not be convicted under Section 5 (e). The Court explained that Section 5 (i) constitutes psychological violence, which is the means, and that mental or emotional anguish is the resulting effect. The Court found that the prosecution did not prove mental or emotional anguish and therefore Melgar could not be convicted under Section 5 (i). Nonetheless, invoking the variance doctrine as reflected in Sections 4 and 5 of Rule 120, the Court concluded that conviction for Section 5 (e) was proper because deprivation of support is itself specifically penalized by that provision and was necessarily included in the acts proved.

Continuing Offense Doctrine and Related Authorities

The Court recalled precedent that denial of support is a continuing offense and cited pertinent case law to support the proposition that acts of deprivation may constitute a continuing violation under RA 9262. The Court also relied on prior decisions interpreting special penal statutes that adopt the Revised Penal Code nomenclature to determine appropriate treatment under the Indeterminate Sentence Law.

Sentencing Analysis and Application of Indeterminate Sentence Law

The Court applied the rule that when a special law adopts the technic

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