Decision -2- G.R. No. 232678 The antecedent facts are as follows: An Information, dated June 5, 2006, was filed on September 26, 2006 before the R TC 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 financial 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 Order4 (HDO) against Reyes. In the October 28, 2008 Order5 of the RTC, the TPO issued on March 12, 2007 was made permanent. On June 11, 2009, Reyes filed a Motion to Quash6 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 ofR.A. No. 9262. He contended that "abandoning without financial support," which is different from deprivation or denial of financial 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 Order8 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 Office 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 inclusion sought would not prejudice his rights being merely formal in nature. Reyes' Motion to Quash was denied by the trial court. Upon airaignment, 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. ti Rollo, pp. 59-60 Id. at 75-76. Id. at 77-83. Id. at 84-86. Id. at 90-91.

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