SECOND DIVISION
G.R. No. 223477, February 14, 2018
CELSO M.F.L. MELGAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
DECISION
PERLAS-BERNABE, J.:
Before the Court is a petition for review on certiorari1 assailing the Decision2 dated
August 28, 2015 and the Resolution3 dated February 10, 2016 of the Court of Appeals
(CA) in CA-G.R. CEB-CR No. 02211, which affirmed the Judgment4 dated September
10, 2012 of the Regional Trial Court of Cebu City, Branch 6 (RTC) in Crim. Case No.
CBU-87386 finding petitioner Celso M.F.L. Melgar (Melgar) guilty beyond reasonable
doubt of violating Section 5 (e) of Republic Act No. (RA) 9262,5 otherwise known as the
"Anti-Violence Against Women and their Children Act of 2004."
The Facts
An Information was filed before the RTC charging Melgar with violation Section 5 of RA
9262, the accusatory portion of which reads:
That on or about the month of August, 2001 and subsequent thereto, in the City of
Cebu, Philippines and within the jurisdiction of this Honorable Court, the said accused,
having the means and capacity to give financial support, with deliberate intent, did then
and there commit acts of economic abuse against one [AAA,6] and her minor son,
[BBB] (12 years old), by depriving them of financial support, which caused mental or
emotional anguish, public ridicule or humiliation, to AAA and her son.
CONTRARY TO LAW.7
After arraignment wherein Melgar pleaded not guilty to the charge against him, he and
AAA entered into a compromise agreement8 on the civil aspect of the case. After the
RTC's approval of the compromise agreement on June 24, 2010, the criminal aspect of
the case was provisionally dismissed with Melgar's conformity. However, one (1) year
later, or on June 24, 2011, the prosecution moved to set aside the compromise
agreement and to revive the criminal action, on the ground that Melgar sold the
property, which was supposed to, among others, answer for the support-in-arrears of
his son, BBB, from 2001 to 2010 pursuant to their compromise agreement.
Consequently, the RTC revived the criminal aspect of the case and allowed the
prosecution to present its evidence.9
The prosecution alleged that in 1995, AAA had a romantic relationship with Melgar,
which resulted in the birth of BBB, an illegitimate child. Melgar freely acknowledged the
paternity of BBB as evidenced by the latter's Certificate of Live Birth, as well as
numerous photographs showing Melgar with BBB. However, AAA's relationship with
Melgar turned sour as the latter had an affair with a younger woman. When BBB was
just about one (1) year old, Melgar stopped giving support, prompting AAA to file a
case for support, which was eventually granted. This notwithstanding, Melgar still