Case Summary (G.R. No. 250219)
Procedural History
Petitioner was charged under Sec. 5(i) of R.A. 9262 for willfully depriving AAA and her minor child of financial support and abandoning them, causing psychological and emotional anguish. After arraignment and plea of not guilty, the RTC granted petitioner’s motion to quash the information for lack of preliminary investigation but later directed the prosecutor to conduct such investigation. Probable cause was affirmed, leading to trial on the merits. The RTC convicted petitioner, sentencing him to an indeterminate term of imprisonment and imposing a fine and counseling requirement. Petitioner appealed to the CA, which affirmed the conviction with an increased maximum penalty. His motion for reconsideration was denied, prompting this Rule 45 petition to the Supreme Court.
Facts of the Case
Petitioner and AAA married on December 29, 2006, and had a daughter, BBB. AAA went to Singapore for work in 2008. In May 2015, AAA discovered petitioner’s romantic involvement with CCC, who was later found pregnant with petitioner’s child. Petitioner and CCC sent harassing text messages to AAA. Upon learning that CCC was being brought to their hometown and that they were cohabiting, AAA returned to the Philippines and secured physical custody of BBB through the Department of Social Welfare and Development. BBB, then nine, testified tearfully about her father’s infidelity and her desire for parental reconciliation.
Version of the Prosecution
The prosecution presented documentary proof of marriage and birth, AAA’s affidavits and testimony regarding petitioner’s abandonment, and text-message excerpts showing marital infidelity and harassment. BBB corroborated emotional distress, crying as she recounted her father’s affair and her alienation from him. The prosecution argued that abandonment and denial of support constitute psychological violence under Sec. 5(i) of R.A. 9262.
Version of the Defense
Petitioner acknowledged paternity and marriage but maintained that AAA had primary custody and prevented him from supporting or seeing BBB, justifying cessation of any support. He initially denied knowing CCC but admitted a past school acquaintance. He contended that AAA alienated BBB and that there was no proof of deprivation of financial support or abandonment.
Ruling of the Regional Trial Court
The RTC found petitioner guilty of psychological violence by emotional and psychological abandonment under Sec. 5(i) of R.A. 9262, holding that emotional abandonment and infidelity inflicted greater harm than mere physical separation. Sentence imposed was an indeterminate term of two years, four months, and one day of prision correccional as minimum to six years and one day of prision mayor as maximum, a fine of ₱100,000, and mandatory psychological counseling.
Ruling of the Court of Appeals
The CA affirmed the RTC decision with modification of the maximum penalty to eight years and one day of prision mayor, emphasizing that Sec. 5(i) penalizes mental or emotional anguish caused by abandonment, public humiliation, repeated verbal abuse, denial of support or custody, or similar acts. It held that the information charged abandonment and deprivation of financial support, and that documentary and testimonial evidence established abandonment, marital infidelity, and resultant psychological harm to AAA and BBB.
Issue
Whether the CA erred in affirming the RTC’s conviction of petitioner for violating Sec. 5(i) of R.A. 9262 when psychological violence was not explicitly alleged in the information.
Elements of a Sec. 5(i) Violation
- Offended party is a woman and/or her child.
- Relationship: wife/former wife or woman with common child.
- Offender causes mental or emotional anguish.
- Means: public ridicule or humiliation, re
Case Syllabus (G.R. No. 250219)
Procedural Posture
- Petition for Review on Certiorari under Rule 45 assails the CA’s January 31, 2019 Decision and October 18, 2019 Resolution in CA-G.R. CR No. 40971.
- The CA affirmed with modification the RTC’s November 10, 2017 Decision in RTC Criminal Case No. 194-V-16 finding petitioner XXX guilty beyond reasonable doubt of violating Section 5(i) of RA 9262.
- The petition challenges the inclusion of psychological violence and abandonment in the Information and the CA’s affirmation of conviction.
Facts of the Case
- Petitioner XXX married AAA on December 29, 2006; their union produced a daughter, BBB.
- AAA went to work in Singapore in “2108” to support the family.
- In May 2015, AAA learned of petitioner’s romantic involvement with CCC; in July 2015, CCC became pregnant by petitioner.
- Petitioner and CCC sent harassing text messages to AAA, mocking her marital status and the paternity of their children.
- AAA returned home upon discovering petitioner cohabited with CCC in their hometown; she sought DSWD assistance to regain custody of BBB from petitioner’s mother.
- BBB, then nine years old, testified tearfully that her father’s infidelity and new relationship caused her emotional anguish and led her to refuse love for him.
Charges and Information
- Information dated January 29, 2016 charges petitioner with willfully and unlawfully depriving AAA and minor child BBB of financial support and abandoning them totally, causing psychological and emotional anguish, in violation of Section 5(i) of RA 9262.
- Petitioner filed an Omnibus Motion to Quash Information and Warrant, arguing denial of due process and seeking preliminary investigation; the RTC granted the motion and directed re-investigation.
- The prosecutor, after investigation, found probable cause and the Information was reinstated.
Trial Proceedings
- Petitioner pleaded not guilty at arraignment on April 11, 2016.
- Trial on the merits featured testimonies of AAA, BBB, and presentation of CCC’s text messages.
- Petitioner moved for dismissal via Demurrer to Evidence after prosecution rested; the RTC denied the motion on March 21, 2017.
Prosecution’s Version
- Petitioner and AAA lived together until AAA’s departure abroad; petitioner allegedly failed to sustain the family thereafter.
- Petitioner engaged in an affair with CCC, impregnating her and cohabiting w