Previous 11 / 13 Next

Decision - 11 - G.R. No. 232678 imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (Pl00,000.00) but not more than Three hundred thousand pesos (P300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Applying the Indeterminate Sentence Law, the minimum term of the indeterminate penalty shall be taken from the penalty next lower in degree, i.e., prision correccional, or anywhere from six (6) months and one (1) day to six (6) years, while the maximum term shall be that which could be properly imposed under the law, which is eight (8) years and one (1) day to ten (10) years of prision mayor, there being no aggravating or mitigating circumstances attending the commission of the crime. 26 This Court deems it proper to impose on petitioner Reyes the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one ( 1) day of prision mayor, as maximum. Also, petitioner Reyes is DIRECTED to PAY a fine in the sum of P200,000.00. He is also required to submit himself to a mandatory psychological counselling or psychiatric treatment, and to report his compliance therewith to the court of origin. WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals dated June 23, 2017 in CA-G.R. CR No. 38609 is·.hereby AFFIRMED with MODIFICATIONS. ( 1) Petitioner Esteban Donato Reyes is found GUILTY beyond reasonable doubt of Violation of Section 5(i) of Republic Act No. 9262 and is sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. (2) Petitioner is ORDERED to PAY a fine equivalent to Two Hundred Thousand Pesos (P200,000.00); and (3) Further, petitioner is DIRECTED to UNDERGO a mandatory psychological counselling or psychiatric treatment, and to report his compliance therewith to the court of origin within fifteen ( 15) days after the completion of such counselling or treatment. 26 Art. 64. Rules for the application ofpenalties 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: I. When there are neither aggravating nor mitigating circumstances, they shall i m p o s e / the penalty prescribed by law in its medium period. xxxx

Select target paragraph3

● ● ●

Reyes v. People

Jurisprudence

Case number: G.R. No. 232678

Division: PH Supreme Court Third Division

Date of decision: Jul 3, 2019

Year of decision: 2019

GBV Case Type

Anti-Violence Against Women and their Children Act of 2004 (VAWC)

Nature of the case: The accused committed psychological violence against his wife when he suddenly stopped giving her financial support and by reason of which, she suffered emotional and mental anguish. The Court maintained that the accused has an obligation to financially support his wife and their marriage is valid until annulled by the court. It held that the accused could not escape liability by the mere expedient of claiming that his marriage with his wife 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. In fine, the accused was found guilty beyond reasonable doubt of the crime under the aforesaid section of R.A. 9262.

Summary of outcome: The offender is sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum and ordered to pay a fine quivalent to Two Hundred Thousand Pesos (P200,000.00). Further, the offender is directed to undergo a mandatory psychological counselling or psychiatric treatment, and to report his compliance therewith to the court of origin within fifteen (15) days after the completion of such counselling or treatment.

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: ESTEBAN DONATO REYES, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.646148

Longitude: 121.050212

: Geolocation 1

Primary Documents

Esteban Donato Reyes Vs. People of the Philippines.pdf
English
Download View

Commission on Human Rights

Select target paragraph3

Reyes v. People

Primary Documents

Notifications