People v. XXX268392
REITERATIONFacts
The Antecedents: XXX268392 was married to AAA268392 and they had two children. In 2015, AAA268392 filed a criminal complaint against XXX268392 for violation of Section 5(i) of Republic Act No. 9262, alleging that he caused her mental torture by maintaining illicit relations with another woman, YYY268392, with whom he sired a child. AAA268392 further alleged that XXX268392 abandoned their family, publicly flaunted his extramarital relationship, and inflicted emotional violence upon their children, who were bullied at school due to the affair. AAA268392 also reported an incident where XXX268392 fired a pistol at her while intoxicated. Procedural History: The Information for violation of Section 5(i) of Republic Act No. 9262 was filed on January 4, 2016. XXX268392 pleaded not guilty. During the trial, AAA268392 died on July 31, 2017. The prosecution presented other witnesses, including AAA268392's friend, sister-in-law, and son. The Regional Trial Court (RTC) convicted both XXX268392 and YYY268392 on November 6, 2020. Upon appeal, the Court of Appeals (CA) affirmed XXX268392's conviction but acquitted YYY268392 on May 18, 2023. The CA ruled that XXX268392's conviction stands. The Petition: XXX268392 filed a petition for review on certiorari, assailing the CA's September 30, 2022 Decision and May 18, 2023 Resolution. He reiterates his arguments that the lower courts erred in ruling that the prosecution witnesses' testimonies sufficiently established the mental anguish suffered by AAA268392 and that the mere admission of a relationship with another woman does not constitute psychological violence. The petition seeks to overturn his conviction for violation of Section 5(i) of Republic Act No. 9262.
Issue(s)
Whether the prosecution sufficiently established the mental or emotional anguish suffered by the complainant, AAA268392, despite her death during the pendency of the case. Whether the acts of marital infidelity, abandonment, and public flaunting of an extramarital relationship constitute psychological violence under Section 5(i) of Republic Act No. 9262.
Ruling
The petition is unmeritorious. The Court affirmed the decision of the Court of Appeals, finding XXX268392 guilty beyond reasonable doubt of violation of Section 5(i) of Republic Act No. 9262. He was sentenced to suffer imprisonment of six months and one day of prision correccional, as minimum, to eight years and one day of prision mayor, as maximum, and to pay a fine of PHP 100,000.00 and PHP 25,000.00 as moral damages to the heirs of AAA268392.
Ratio Decidendi
On Issue 1: The Court held that the death of the complainant, AAA268392, during the pendency of the case does not preclude the conviction of the accused, XXX268392. This is because violence against women and their children is a public crime, which may be prosecuted upon the filing of a complaint by any citizen with personal knowledge. Once a criminal action is commenced, it is under the control of the prosecutor, and proceedings can continue even without the victim's testimony, provided there are other witnesses with personal knowledge and supporting evidence. The Court emphasized that the death of the private complainant in a public crime is not a cause for the extinguishment of criminal liability under Article 89 of the Revised Penal Code. Furthermore, AAA268392's mental and emotional anguish could be established through documentary evidence, such as police blotters and her complaint-affidavit, and through the testimonies of prosecution witnesses who had personal knowledge of the abusive acts and their impact on her. The Court cited Section 53, Rule 130 of the Rules of Court, which allows witnesses to testify on their impressions of the emotion, behavior, condition, or appearance of a person. On Issue 2: The Court affirmed that the acts of marital infidelity, abandonment, and public flaunting of an extramarital relationship constitute psychological violence under Section 5(i) of Republic Act No. 9262. The Court reiterated the elements of psychological violence, including the offender causing mental or emotional anguish on the woman or her child through acts of public ridicule or humiliation, repeated verbal and emotional abuse, or similar acts or omissions. The case of AAA v. BBB was cited to clarify that RA 9262 penalizes the psychological violence resulting from unfaithfulness and abandonment, not just the infidelity itself. The Court found that XXX268392's actions, including maintaining an illicit relationship with YYY268392, siring a child with her, publicly displaying their relationship and wedding photos, abandoning his family, and threatening AAA268392, were impelled by a guilty mind (mens rea). These acts, coupled with the testimonies of witnesses detailing the gun incident, the hotel incident witnessed by the son, and the glass-throwing incident, were deemed sufficient to establish the mental and emotional anguish suffered by AAA268392 and BBB268392.
Main Doctrine
Violence against women and their children, as defined under Republic Act No. 9262, is a public offense. Consequently, the criminal proceedings may continue and the offender may be convicted even if the offended party dies during the pendency of the case, provided that the prosecution can still establish the elements of the crime through other evidence, such as the testimonies of witnesses with personal knowledge and documentary evidence. The mental or emotional anguish caused by acts of infidelity, abandonment, and public humiliation can be sufficiently proven by such evidence, and a medical expert's testimony is not always necessary.