9 Reyes v. People
9 Reyes v. People
9 Reyes v. People
DECISION
PERALTA , J : p
Before the Court is a petition for review on certiorari led by petitioner Esteban
Donato Reyes (Reyes) seeking to reverse and set aside the June 23, 2017 Decision 1 of
the Court of Appeals (CA) in CA-G.R. CR No. 38609 which a rmed the March 3, 2016
Decision 2 of the Regional Trial Court, Branch 89, Quezon City (RTC), in Criminal Case
No. Q-06-143139, nding him guilty beyond reasonable doubt of the crime of Violation
of Section 5 (i) of Republic Act No. 9262 (R.A. No. 9262), otherwise known as the Anti-
Violence against Women and Their Children Act of 2004 (VAWC) , committed against
AAA. 3
The antecedent facts are as follows:
An Information, dated June 5, 2006, was led on September 26, 2006 before the
RTC against Reyes designating the crime as one for violation of Section 5 (e),
paragraph 2 of R.A. No. 9262. On March 12, 2007, a Temporary Protection Order (TPO)
was issued by the RTC directing Reyes to resume the delivery of monthly nancial
support to private complainant, AAA, in the amount of P20,000.00 to be deducted from
his net monthly salary of Two Thousand Five Hundred Dollars (US$2,500.00), reckoned
from the time it was withheld in July 2005. Upon motion of AAA, with the conformity of
the public prosecutor, the RTC issued on August 30, 2007 a Hold Departure Order 4
(HDO) against Reyes. In the October 28, 2008 Order 5 of the RTC, the TPO issued on
March 12, 2007 was made permanent.
On June 11, 2009, Reyes led a Motion to Quash 6 the Information anchored on
the ground that the allegations set forth therein do not constitute the crime of violation
of Section 5 (e), par. 2 of R.A. No. 9262. He contended that " abandoning without
nancial support ," which is different from deprivation or denial of nancial support, is
not criminalized under R.A. No. 9262. Reyes posited that the June 5, 2006 Information
should be quashed as it does not charge any offense, otherwise, his constitutional right
to due process and right to be informed of the nature and the cause of accusation
against him, would be infringed. By way of Comment/Opposition, 7 the prosecution
maintained that the totality of facts as alleged in the Information constitutes the crime
of violation of Section 5 (e), par. 2 of R.A. No. 9262.
In its Order 8 dated November 24, 2009, the RTC ruled that on the basis of the
allegations in the Information, Reyes is being charged with violation of Section 5 (i) of
R.A. No. 9262 and not with violation of Section 5 (e), par. 2. Consequently, the RTC
directed the O ce of the City Prosecutor to amend the Information by designating the
proper crime to which Reyes should be charged. The RTC held that the amendment of
the Information was proper, since Reyes has not been arraigned at that time, and
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inclusion sought would not prejudice his rights being merely formal in nature. Reyes'
Motion to Quash was denied by the trial court. CAIHTE
Upon arraignment, Reyes pleaded not guilty to the crime of violation of Section 5
(i) of R.A. No. 9262. After pre-trial was terminated, trial on merits ensued.
Evidence for the prosecution tends to show that AAA and Reyes were married on
May 15, 1969. Four children were born out of this union, of whom only three are living,
and who are all now of legal ages. Reyes was seldom at home since he used to render
military service as a Philippine Air Force pilot, and later he worked as a commercial pilot
for the Philippine Airlines. At the time the complaint for violation of the VAWC was led
against him, Reyes was employed as a pilot based in Angola, Africa tasked to deliver
relief goods by air. Sometime in 2005, AAA learned that Reyes got married to a certain
Marilou Osias Ramboanga who had borne him four children and with whom he is living
with up to the present.
AAA claimed that Reyes used to give her and their children monthly nancial
support, ranging from Ten Thousand Pesos (P10,000.00) to Twenty Thousand Pesos
(P20,000.00), but he suddenly ceased giving the same in July 2005. On top of this
unpleasant situation, AAA got sick of various illness such as hypertension, cardio-
vascular disease, diabetes and osteoarthritis. Due to her advancing age, AAA's health
condition further deteriorated requiring her to take maintenance medicines and to
undergo regular consultation, monitoring and treatment to prevent organ damage,
stroke, renal failure and heart attack. According to AAA, what impelled her to le the
complaint for violation of R.A. No. 9262 against Reyes was due to the latter's failure to
provide her with monthly financial support. 9
The defense presented petitioner as its lone witness. Primarily, Reyes assailed
the validity of his marriage with AAA alleging that he never attended the marriage
ceremony and that his supposed signature appearing in the marriage certi cate was
forged. He also pointed out that his supposed age of twenty- ve years old as re ected
in the marriage certi cate was erroneous considering that he was born on August 3,
1948. Petitioner alleged that he lived with AAA in a common-law relationship, which
produced three daughters and a son. He narrated that he met AAA when he went for a
vacation at her aunt's house in Bicol where AAA was a housemaid. He averred that he
gave AAA monthly nancial support of P20,000.00. In addition, he also gave her
Christmas bonuses, shouldered the expenses for her cataract operation, her denture
and vacation in Tagaytay, as well as paid for the matriculation of her grandchildren and
the materials of their second daughter. He admitted that he no longer provides AAA
with nancial support since July 2006 because he was disappointed with her for
instituting a criminal case for Bigamy against him which he considered as an act of
ingratitude. In 2007, he stopped ying as a pilot after he was prevented from leaving
the Philippines by virtue of a Hold Departure Order issued against him at the instance of
AAA.
The RTC Ruling
After trial, the RTC rendered its Decision dated March 3, 2016 nding accused-
petitioner guilty as charged. The RTC disposed the case as follows:
WHEREFORE, in view of the foregoing, the Court nds accused Esteban
Donato Reyes GUILTY beyond reasonable doubt [of] violating Section 5(i) of
Republic Act No. 9262, otherwise known as the Anti-Violence against Women
and their Children Act, and is hereby sentenced to suffer an indeterminate
penalty of THREE (3) YEARS of prision correccional, as minimum, to EIGHT (8)
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YEARS and ONE (1) DAY of prision mayor, as maximum.
SO ORDERED. 1 0
The RTC found the testimonies of the prosecution witnesses: AAA, her attending
physician, Dr. Rey Caesar R. Anunciacion and the victim's daughter, to be credible and
su cient. It ruled that the evidence proffered by the prosecution has adequately
established all the elements of violation of Section 5 (i) of R.A. No. 9262.
Not in conformity, Reyes appealed his conviction before the CA.
The CA Ruling
On June 23, 2017, the CA rendered its assailed Decision upholding the conviction
of Reyes for Violation of Section 5 (i) of R.A. No. 9262, the fallo of which states:
WHEREFORE, in view of the foregoing, the appeal is DISMISSED FOR
LACK OF MERIT. The Decision dated March 3, 2016 issued by the Regional Trial
Court of Quezon City, Branch 89 in Criminal Case No. Q-06-143139 is
AFFIRMED.
SO ORDERED. 1 1
The CA echoed the conclusion reached by the RTC that Reyes committed
psychological violence against his wife AAA when he suddenly stopped giving her
nancial support and by reason of which, she suffered emotional and mental anguish.
According to the CA, Reyes has an obligation to nancially support his wife AAA and
their marriage is valid until annulled by the court. It held that Reyes could not escape
liability by the mere expedient of claiming that his marriage with AAA is void because
violation of Section 5 (i) of R.A. No. 9262 can be committed even against a woman with
whom the accused had a sexual or dating relationship, or with whom he has a common
child. The CA opined that Reyes can also be convicted for violation of Section 5 (e),
assuming that he is indicted for the said crime, because said provision criminalizes the
mere act of depriving a woman of financial support legally due her. DETACa
Maintaining his innocence of the crime charged, Reyes led the present petition
and posited the following issues, to wit:
I. THE HONORABLE COURT OF APPEALS COMMITTED A REVERSIBLE
ERROR WHEN IT AFFIRMED THE RULING OF THE HONORABLE REGIONAL
TRIAL COURT DIRECTING HEREIN PETITITONER TO RESUME GIVING
REGULAR MONTHLY FINANCIAL SUPPORT TO AAA IN THE AMOUNT OF
P20,000.00 TO BE DEDUCTED DIRECTLY FROM HIS NET MONTHLY
SALARY RECKONED FROM THE TIME IT WAS WITHHELD IN JULY 2005.
II. THE HONORABLE COURT OF APPEALS COMMITTED A REVERSIBLE
ERROR WHEN IT AFFIRMED THE DECISION OF THE HONORABLE
REGIONAL TRIAL COURT, FINDING THE PETITIONER GUILTY BEYOND
REASONABLE DOUBT OF VIOLATING SECTION 5(i) OF REPUBLIC ACT NO.
9262 OTHERWISE KNOWN AS THE ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT AND SENTENCING HIM TO SUFFER AN
INDETERMINATE PENALTY OF THREE (3) YEARS OF PRISION
CORRECCIONAL, AS MINIMUM, TO EIGHT (8) YEARS AND ONE (1) DAY OF
PRISION MAYOR, AS MAXIMUM. 1 2
Petitioner insists that the Information, dated June 5, 2006, failed to allege any of
the acts punishable under either Section 5 (e), par. 2 or Section 5 (i) of R.A. No. 9262.
He contends that the defective criminal Information should have been quashed at the
first instance by the RTC because it effectively deprived him of his right to due process.
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The OSG counters that it is apparent from a perusal of the Information that Reyes
is charged under Section 5 (e), par. 2 for having committed economic abuse against
AAA when he abandoned her and failed to give her nancial support. The OSG submits
that the CA is correct in not only a rming the conviction of Reyes under Section 5 (i),
but in nding that he can be also held criminally liable under Section 5 (e), par. 2
because his purpose in depriving AAA with support is to cow her from further ling
cases against him or to withdraw those already led. The OSG asserts that petitioner's
guilt for violation of the provisions of Section 5 (e), par. 2 and 5 (i) of R.A. No. 9262 has
been established by the prosecution beyond cavil of a doubt.
The petition is devoid of merit.
Reyes stands charged with violation of Section 5 (i) of R.A. No. 9262. By alleging
that the Information should have been quashed by the RTC for lack of the essential
elements of the crime of violation of Section 5 (i) of R.A. No. 9262, Reyes is essentially
averring that the recital of facts therein do not constitute the offense charged.
Under Section 6, Rule 110 of the Rules of Court, the complaint or information is
su cient if it states the names of the accused; the designation of the offense given by
the statute; the acts or omissions complained of as constituting the offense; the name
of the offended party; the approximate date of the commission of the offense; and the
place where the offense was committed. It is imperative that an indictment fully states
the elements of the specific offense alleged to have been committed. 1 3
The su ciency of the allegations of facts and circumstances constituting the
elements of the crime charged is crucial in every criminal prosecution because of the
ever-present obligation of the State to duly inform the accused of the nature and cause
of the accusation. 1 4 Every element constituting the offense must be alleged in the
Information 1 5 since the prosecution has the duty to prove each and every element of
the crime charged in the information to warrant a nding of guilt for the crime charged.
Thus, the Information must correctly re ect the charge against the accused before any
conviction may be made.
The fundamental test in determining the su ciency of the averments in a
complaint or information is whether the facts alleged therein, if hypothetically admitted,
constitute the elements of the offense. 1 6 To meet the test of su ciency, therefore, it is
necessary to refer to the law de ning the offense charged which, in this case, is Section
3 (c) of R.A. No. 9262, in relation to Section 5 (i), which provides as follows:
Section 3. Definition of Terms. — As used in this Act:
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C. "Psychological violence" refers to acts or omissions,
causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and mental in delity. It includes causing or
allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common
children.aDSIHc
Reyes will not be exonerated even assuming that his marriage is declared void ab
initio by the court. R.A. No. 9262 de nes and criminalizes violence against women and
their children perpetrated by the woman's husband, former husband or any person
against whom the woman has or had a sexual or dating relationship with, or with whom
the woman has a common child, or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or likely to result in, inter alia,
economic abuse or psychological harm or suffering. Thus, the offender need not be
related or connected to the victim by marriage or former marriage, as he could be
someone who has or had a sexual or dating relationship only or has a common child
with the victim. In the case at bench, it is undisputed that AAA had borne Reyes four
children out of their relationship.
The Court agrees with the observation of the CA that if properly indicted, Reyes
can also be convicted of violation of Section 5 (e), par. 2 for having committed
economic abuse against AAA. Section 5 (e), par. 2 identi es the act or acts that
constitute the violence of economic abuse, the pertinent portions of which states:
(e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to desist from or
desist from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physically or other harm or
threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:
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(2) Depriving or threatening to deprive the woman or
her children of financial support legally due her or her family, x x x;
(3) Depriving or threatening to deprive the woman or
her child of a legal right;
xxx xxx xxx
Indeed, criminal liability for violation of Section 5 (e) of R.A. No. 9262 attaches
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when the accused deprives the woman of nancial support which she is legally entitled
to. Deprivation or denial of support, by itself, is already specifically penalized therein. 2 4
Here, we note that Reyes, although gainfully employed after June 2005,
deliberately refused to provide nancial support to AAA. According to Reyes, he
stopped giving monetary support to AAA because she led a Bigamy case against him.
The Court nds his excuse unacceptable and will not at all exculpate him from criminal
liability under the VAWC. It is noteworthy that AAA charged Reyes with Bigamy not
merely to torment or harass him but to enforce her right and protect her interest as
petitioner's legal wife considering that he contracted a second marriage with one
Marilou Osias Ramboanga during the subsistence of his marriage with AAA. Evidently,
the denial of nancial support is designed to subjugate AAA's will and control her
conduct, either to pressure her to withdraw said criminal case for Bigamy or dissuade
her from pursuing it, or at least, to discourage her from ling additional cases against
him.
There is nothing in the de nition nor in the enumeration of the acts constituting
psychological violence and economic abuse that is vague and ambiguous that will
confuse Reyes as what conducts are penalized under the VAWC. They are worded with
su cient de niteness and clarity that persons of ordinary intelligence can understand
what act is prohibited, and need not guess as to its meaning nor differ in its application.
The express language of R.A. No. 9262 re ects the intent of the legislature for liberal
construction as will best ensure the attainment of the object of the law according to its
true intent, meaning and spirit — to promote the protection and safety of victims of
violence against women and children. 2 5
Lastly, the Court nds that Reyes should be compelled to comply with the
directive under the TPO pertaining to the resumption of providing monthly nancial
support to AAA. It bears stressing that not an iota of evidence was adduced by him to
show that he is no longer employed and/or he failed to obtain another gainful
employment and/or that he has no resources or means to provide the same.
Having ascertain the guilt of Reyes for violation of Section 5 (i), We shall now
proceed to determine the appropriate penalty.
Section 6 of R.A. No. 9262 provides:
Section 6. Penalties. — The crime of violence against women and
their children, under Section 5 hereof shall be punished according to the
following rules: cSEDTC
Footnotes
1. Penned by Associate Justice Ramon A. Cruz, with Associate Justices Marlene Gonzales-
Sison and Jhosep Y. Lopez, concurring; rollo, pp. 26-37.
2. Penned by Judge Cecilyn E. Burgos-Villavert; id. at 38-44.
3. The real names of persons (other than the accused) and places or any other information
tending to reveal the identity of the private complainant and those of her immediate
family or household members are withheld in accordance with Republic Act No. 9262, or
the Anti-Violence against Women and their Children Act of 2004 (Sec. 44); Republic Act
No. 7610, or the Special Protection of Children against Abuse, Exploitation and
Discrimination Act (Sec. 29); A.M. No. 04-10-11-SC, known as "Rule on Violence against
Women and Their Children," effective November 15, 2004, (Sec. 40); the case of People v.
Cabalquinto, 533 Phil. 703, 705-709 (2006); and per this Court's Resolution dated
September 19, 2006 in A.M. No. 04-11-09-SC.
4. Rollo, pp. 59-60.
5. Id. at 75-76.
6. Id. at 77-83.
7. Id. at 84-86.
8. Id. at 90-91.
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9. Id. at 161-162. (Citations omitted)
10. Id. at 44.
11. Id. at 140.
26. Art. 64. Rules for the application of penalties which contain three periods. — In cases in
which the penalties prescribed by law contain three periods, x x x, the courts shall
observe for the application of the penalty the following rules, according to whether there
are or are no mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose
the penalty prescribed by law in its medium period.
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