Decision
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G.R. No. 2326.78
Reyes will not be exonerated even assuming that his maqiage is
declared void ab initio by the court. R.A. No. 9262 defines 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 identifies 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:
xxxx
(2) Depriving or threatening to deprive the woman or
her children of financial support legally due her or her family,
xxx;
(3) Depriving or threatening to deprive the woman or
her child of a legal right;
xxxx
Indeed, criminal liability for violation of Section 5(e) ofR.A. No. 9262
attaches when the accused deprives the woman of financial support which she
is legally entitled to. Deprivation or denial of support, by itself, is already
specifically penalized therein. 24
Here, we note that Reyes, although gainfully employed after June 2005,
deliberately refused to provide financial support to AAA. According to Reyes,
. 223477, Februory 14, 2018.
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