Case Summary (G.R. No. 204222)
Trial Court Findings
AAA256611 testified that, despite a 2008 agreement for a ₱1,000 monthly allowance, petitioner sent funds sporadically and ceased all support by 2010. He later received ₱761,206.68 (retirement benefits), ₱953,685.99 (leave commutation), and a ₱21,144.63 monthly pension but did not remit any of these to his family. Petitioner’s defense established that a 2012 vehicular accident resulted in amputation, non-functional limb, and over ₱1.4 million in medical expenses, which depleted his resources and left him with minimal pension used for subsistence and case-related travel. The RTC credited AAA256611’s testimony, disbelieved petitioner’s claim of continuing support, and convicted under Section 5(i), sentencing him to an indeterminate penalty of 2 years, 4 months and 1 day to 6 years, 1 day prision term and a ₱100,000 fine, plus counseling.
Court of Appeals Findings
The CA affirmed the deprivation of support but held that the prosecution failed to prove mental or emotional anguish. It applied Section 5(e)(2) instead of Section 5(i), finding petitioner guilty of economic abuse (six months arresto mayor to four years, two months prision correccional; ₱300,000 fine; mandatory counseling).
Issue on Review
Whether petitioner willfully and deliberately deprived support with intent to control or to inflict mental anguish under Sections 5(e)(2) or 5(i) of RA 9262.
Supreme Court’s Analysis
Relying on Acharon v. People (G.R. No. 224946, Nov. 7, 2021), the Court underscored that:
- Section 5(e)(2) requires:
a. Deprivation or threat to deprive financial support
b. Purpose or effect of controlling/restricting movement or conduct - Section 5(i) requires:
a. Willful denial of financial support
b. Intent to inflict mental or emotional anguish
Applying these elements, the SC found:
- No proof of willful deprivation for purposes of control. The record shows petitioner’s disability
Case Syllabus (G.R. No. 204222)
Facts of the Case
- XXX256611 and AAA256611 had a live-in relationship from 1999 to 2002 and bore two children, BBB256611 (born c. 2004) and CCC256611 (born c. 2008).
- In August 2008, the parties agreed that XXX256611 would remit ₱1,000 monthly for the children’s allowance; he paid intermittently (sometimes every three months) and ceased support altogether in 2010.
- In November 2013, AAA256611 learned that XXX256611 had retired from the PNP and in June 2014 received ₱761,206.68 in retirement benefits and ₱953,685.99 as commuted leave credits, plus a monthly pension of ₱21,144.63—none of which he remitted to his family.
- AAA256611 presented a June 12, 2014 letter purportedly penned by BBB256611 and CCC256611 pleading for support, but the children did not testify to authenticate it.
- AAA256611 had custody of the children and supported them through her own work as a police officer.
Petitioner’s Defense
- On August 3, 2012, XXX256611 was struck by a truck en route to work, confined for 40 days, and incurred ~₱1.4 million in medical expenses; he lost a leg and rendered his left hand non-functional.
- His mother, EEE256611, mortgaged land (₱300,000 at 15% interest) and he secured loans totaling ₱700,000 to cover medical costs; the truck company paid only ₱50,000 in damages.
- Petitioned used his retirement benefits and commuted leave credits to settle loans and “fixer” fees; his ₱21,000 monthly pension has been devoted to his cancer-related treatment, subsistence, and travel expenses to Manila for court hearings.
- In 2017, he was diagnosed with stage 3 prostate cancer; his physical disabilities and illness preclude any gainful employment.
Procedural History
- October 31, 2014: Information filed in RTC, Branch 94, Quezon City, charging violation of Section 5(i), RA 9262 (“psychological violence through denial of support”).
- April 20, 2018: RTC rendered judgment convicting XXX256611 under Sect