Title
XXXvs. People
Case
G.R. No. 252087
Decision Date
Feb 10, 2021
Petitioner acquitted of violating Anti-Violence Against Women Act; Supreme Court ruled no intent to cause psychological violence, citing PTSD impairing his ability to provide financial support.

Case Summary (G.R. No. 252087)

Factual Background

The prosecution charged XXX with violating Section 5(i) of R.A. 9262 for allegedly depriving his minor child, CCC, of financial support thereby causing mental and emotional anguish to his wife, AAA. The evidence showed that AAA and XXX began cohabiting in 1997; CCC was born on November 3, 2000; and the parties were officially married on May 17, 2001. From before CCC’s birth until 2004 AAA had no independent income and depended on either XXX or her sister, BBB, for support. Petitioner worked as a mechanic in Makati, periodically remitting between P1,000 and P2,000 per month. Sometime in 2005 petitioner ceased living with AAA and largely stopped providing support. Barangay conciliation proceedings were held in 2005, at which it was allegedly agreed petitioner would provide P4,000 monthly, but AAA testified he only paid P1,000 once thereafter. BBB testified that she assumed financial responsibility for AAA and CCC, remitting US$1,000 monthly from a pension and paying education and medical expenses.

Trial Proceedings and Judgment

At trial petitioner pleaded not guilty and presented testimony asserting that he left AAA because of alleged violent and harassing conduct by her, that he continued to provide monetary assistance when he could, and that he had offered to provide monthly support of P1,000 to P2,000 and to pay for their child’s education in public school. Petitioner testified he worked on a piece-rate basis from 2005 to 2010, later suffered hypertensive cardiovascular disease, and was presently unemployed and living with his mother. The defense presented a licensed counseling psychologist, Jesselyn Mortejo, who testified after structured interviews and testing that petitioner suffered from Post-Traumatic Stress Disorder with pronounced avoidance and paranoid ideation that impaired his capacity to work unless he underwent treatment. The Regional Trial Court credited the prosecution’s witnesses and found that all elements of Section 5(i) were established—relationship, psychological violence, emotional anguish, and causation through denial of financial support—and on March 19, 2018 convicted XXX and sentenced him to an indeterminate prison term.

Appeal to the Court of Appeals

On appeal XXX argued the RTC erred by failing to distinguish mere failure to provide support from an intentional denial; that the record showed he offered support within his means but was refused; and that the trial court improperly discounted Mortejo’s expert testimony regarding petitioner’s PTSD and incapacity to work. The Office of the Solicitor General for the People of the Philippines defended the conviction, arguing the elements were proven and that economic abuse as defined in Section 3(D) may fall within Section 5(i). The Court of Appeals affirmed the conviction but modified the judgment to impose an additional fine of P100,000 and mandatory psychological counseling or psychiatric treatment, noting only that the RTC had failed to apply Section 6(f) of R.A. 9262.

Petition for Review to the Supreme Court

XXX filed a petition for review under Rule 45 seeking acquittal, reiterating that he lacked the requisite intent to deny support, that he had attempted to provide support within his means, and that his PTSD and related paranoid ideation rendered him incapable of earning unless treated. The OSG reiterated the prosecution’s position that the elements of Section 5(i) were satisfied and urged affirmance. The sole issue presented to the Court was whether the Court of Appeals committed reversible error in affirming the RTC’s judgment finding XXX guilty under Section 5(i).

The Supreme Court's Ruling

The Supreme Court granted the petition. The Court reversed and set aside the decisions of the Court of Appeals and the Regional Trial Court and acquitted XXX of the crime charged. The Court held that while the prosecution proved that petitioner failed to provide adequate support, it did not establish beyond reasonable doubt that such failure constituted psychological violence or that petitioner’s acts caused the emotional anguish of AAA as required by Section 5(i). The Court further found convincing expert evidence that petitioner’s PTSD and paranoid ideation substantially incapacitated him from performing gainful work absent treatment, and that AAA’s refusal of petitioner’s offers of support and her conduct contributed to the failure of support.

Legal Reasoning

The Court emphasized that Section 5(i) is distinguished by two indispensable elements: the employment of psychological violence and the causing of emotional anguish or mental suffering. The Court reiterated the principle that in criminal prosecutions the State must prove every element beyond reasonable doubt and that even in prosecutions under malum prohibitum statutes like R.A. 9262 the prosecution must prove that the prohibited act was intentional or voluntary. Citing Dinamling v. People and other authorities, the Court held that psychological violence is the means and emotional anguish is the effect, and that causation must be demonstrated. The Court examined the record and concluded that petitioner made overt offers to provide support at barangay and prosecutorial conciliation proceedings, that AAA rejected the offers because they did not meet her preference for private schooling and higher support, and that petitioner’s PTSD—diagnosed and explained by expert testimony—rendered him effectively incapable of earning without treatment. On that basis the Cour

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