XXX v. People

 

XXX v. People

G.R. No. 250219

March 1, 2023

 

FACTS:

                The petitioner and AAA were married on December 29, 2006. Out of their union, a daughter was born. The petitioner and AAA stayed in a certain city. But due to difficult circumstances, AAA decided to look for a job abroad to help the family - then AAA left for Singapore. In the year 2015, AAA learned that petitioner is in a romantic relationship with another woman, CCC. The petitioner messaged AAA and told her not to communicate with him anymore. Then, AAA discovered that CCC was pregnant with the petitioner’s child. On several occasions, CCC and the petitioner would message AAA to spite her. The petitioner brought CCC to their hometown which prompted AAA to leave work and come to the Philippines. AAA also sought the help from DSWD to get back her daughter BBB from her mother-in-law. In the version of the defense, the petitioner claimed that BBB was living with him and that it was him and his mother that reared BBB until AAA forcibly took her away. The petitioner had custody of the child and took care of the daughter since AAA left the country to work. Petitioner denied knowing CCC, but claimed that they went to the same high school and that they haven’t seen each other in a long time. When asked about the support, he asserted that he stopped giving support because AAA does not allow BBB to be near him. The RTC found the petitioner guilty of inflicting psychological violence against AAA and BBB through emotional and psychological abandonment. The RTC held that petitioner might not have been physically abandoned by his family, but the emotional and psychological abandonment and all the hurts, pains and distress brought about by his indiscretion as a husband. The petitioner then appealed the CA. The appellate court found no merit in the petition. The CA emphasized that what constitutes abandonment is not only the physical act of separating and abandoning AAA for another woman, but the emotional and alienation that the petitioner did which made AAA suffer. The CA further ruled that it does not only prove abandonment, but also the admission of marital infidelity and another species of psychological violence by petitioner. The petitioner then appeals to this court.

 

ISSUE:

                Whether or not the CA erred in affirming the Decision of the RTC finding the petitioner guilty beyond reasonable doubt of a violation of Section 5, RA 9262.

 

HELD:

                No. The elements of a violation of Section 5, RA 9262 are as follows:

1. The offended party is a woman and/or her child or children;

2. The woman is either the wife or former wife of the offender, or is a woman with whom the offender has/had sexual or dating relationship, or is a woman with whom such offender has a common child. The woman’s child can either be legitimate or illegitimate, or living within or without the family abode;

3. that the offender causes on the woman and/or child mental or emotional anguish;

4. The anguish is caused through acts of public ridicule or humiliation, repeated verbal abuse and emotional abuse, denial of financial support or custody of minor children or access to the children or similar to such acts or omissions.

In this case, the first and second requirements are present, because AAA and BBB are the offended parties. The marriage of AAA to the petitioner was proved by the marriage certificate and the fact that BBB is AAA and the petitioner’s child was proved by birth certificate. The testimonies of BBB and AAA also prove the existence of the 3rd and 4th elements - that the offender caused mental or emotional anguish through acts of public ridicule or humiliation, repeated verbal or emotional abuse or denial of financial support or custody of minor children. Psychological violence is an element of violation of Section 5, RA 9262, just like mental or emotional anguish caused on the victim. To establish psychological violence as an element of a crime, it is necessary to show proof of commission on any acts enumerated under Section 5. To establish mental or emotional anguish, it's necessary to present the testimony. Marital Infidelity is one of the forms of psychological violence. The prosecution in this case was able to satisfactorily establish petitioner’s marital infidelity, his cohabitation with CCC who even bore him a child. His abandonment of AAA, BBB’s psychological trauma was evident when she wept in court upon being asked to narrate the infidelity of the petitioner. Moreover, BBB also testified - that she was deeply hurt by the actions of her father and the fact that he has another family.