Xxxx v. People
REITERATIONFacts
The Antecedents: The petitioner was charged with violation of Section 5(i) of Republic Act No. 9262, the "Anti-Violence Against Women and Their Children Act of 2004." The Information alleged that the petitioner, as the husband of the victim, willfully, unlawfully, and feloniously deprived his minor child of financial support legally due to the complainant and her child, and abandoned them totally, causing psychological and emotional anguish. The prosecution presented evidence that the petitioner and the victim were married and had a daughter. The victim, AAA, went abroad to work, and during this time, the petitioner engaged in a romantic relationship with another woman, CCC, who became pregnant with his child. The petitioner and CCC sent hurtful messages to AAA, and later cohabited, leading AAA to return to the Philippines. The child, BBB, testified about her father's affair and her desire for her parents to reconcile, expressing that she no longer loved her father due to the circumstances. Procedural History: The petitioner initially filed an Omnibus Motion to Quash the Information and Warrant of Arrest, which was granted, directing a preliminary investigation. After re-investigation, probable cause was found. The petitioner pleaded not guilty and proceeded to trial. He later filed a Motion to Dismiss on Demurrer to Evidence, which was denied. The Regional Trial Court (RTC) found the petitioner guilty of violating Section 5(i) of RA 9262, sentencing him to imprisonment and ordering him to pay a fine and undergo psychological counseling. The petitioner appealed to the Court of Appeals (CA), arguing that psychological violence was not alleged in the Information and that the prosecution failed to prove economic abuse. The CA affirmed the RTC's decision with a modification in the penalty, holding that the Information sufficiently charged abandonment and that the petitioner's actions constituted psychological violence. The petitioner's motion for reconsideration was denied, leading to the present petition. The Petition: This case is before the Supreme Court on a Petition for Review on Certiorari under Rule 45 of the Rules of Court. The petitioner contends that the Court of Appeals erred in affirming his conviction for violating Section 5(i) of RA 9262. Specifically, he argues that psychological violence could not be considered against him because it was not explicitly alleged in the Information to which he pleaded not guilty. He asserts that convicting him of an act not charged violates his constitutional right to be informed of the nature and cause of the accusation against him. The core issue is whether the CA erred in affirming the RTC's decision finding the petitioner guilty beyond reasonable doubt of violating Section 5(i) of RA 9262, considering the allegations in the Information and the evidence presented.
Issue(s)
Whether the Court of Appeals erred in affirming the Decision of the RTC finding the petitioner guilty beyond reasonable doubt of a violation of Sec. 5(i) of RA 9262. Whether psychological violence could be considered against the petitioner when it was not explicitly alleged in the Information.
Ruling
The petition is DENIED. The January 31, 2019 Decision and the October 18, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 40971 are AFFIRMED.
Ratio Decidendi
On the issue of whether the Court of Appeals erred in affirming the RTC's decision finding the petitioner guilty of violating Sec. 5(i) of RA 9262: The Supreme Court affirmed the CA's decision, finding that all the elements of a violation of Sec. 5(i) of RA 9262 were present. The offended parties were AAA and her child, and the marital relationship between the petitioner and AAA was proven. The testimonies of AAA and BBB established that the petitioner caused mental or emotional anguish through acts of abandonment and marital infidelity. The Court clarified that Section 5(i) penalizes forms of psychological violence, including acts or omissions causing mental or emotional suffering, such as repeated verbal and emotional abuse, denial of financial support, custody of minor children, or access to children, or similar acts or omissions. The Court found that the petitioner's marital infidelity, cohabitation with another woman who bore him a child, and abandonment of AAA and BBB were satisfactorily established, causing psychological trauma to BBB, as evidenced by her weeping in court. The Court reiterated that psychological violence is the means employed by the perpetrator, and mental or emotional anguish is the effect caused to the victim. On the issue of whether psychological violence could be considered against the petitioner when it was not explicitly alleged in the Information: The Supreme Court held that the criminal Information sufficiently charged the petitioner not only with deprivation of financial support but also with abandonment, which caused psychological and emotional anguish. The Court reasoned that the phrase "abandoning them totally, causing psychological and emotional anguish" in the Information, when read in conjunction with Section 5(i) of RA 9262, encompasses acts of psychological violence. Section 5(i) explicitly includes "similar acts or omissions" to those enumerated, and the Court found that the petitioner's actions, including marital infidelity and abandonment, fell within this scope. The Court emphasized that the essential elements of psychological abuse under RA 9262 needed to be identified to determine jurisdiction and ascribe liability, and that the Information, as interpreted by the CA and affirmed by the Supreme Court, adequately covered the acts constituting psychological violence. The Court cited that the Information stated the petitioner "willfully, unlawfully, feloniously deprive x x x financial support legally due to the complainant and to her minor child and abandoning them totally, causing psychological and emotional anguish to the complainant and to her minor child," which the CA correctly interpreted as encompassing more than just economic abuse.
Main Doctrine
Marital infidelity, abandonment, and denial of financial support, when causing mental or emotional anguish to a woman and/or her child, constitute psychological violence under Section 5(i) of Republic Act No. 9262, even if not explicitly detailed in the Information, as long as the acts fall within the scope of "similar acts or omissions" and the elements of psychological violence and resulting anguish are proven.