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undergo a mandatory psychological counselling or psychiatric treatment and report compliance to the Regional Trial Court of Cebu City, Branch 6. SO ORDERED. Carpio, (Chairperson), Peralta, and Reyes, Jr., JJ., concur. Caguioa, J., on official business. Endnotes: 1 Rollo, pp. 12-43. Id. at 50-61. Penned by Associate Justice Edgardo L. Delos Santos with Associate Justices Renato C. Francisco and Edward B. Contreras concurring. 2 Id. at 64-65. Penned by Associate Justice Edgardo L. Delos Santos with Associate Justices Edward B. Contreras and Germano Francisco D. Legaspi concurring. 3 4 Id. at 88-93. Penned by Presiding Judge Ester M. Veloso. Entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004. 5 The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USINU FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.) 6 7Rollo, pp. 50-51 and 88. 8 Dated June 23, 2010. Id. at 85-87. 9 See id. at 51-52. 10 See id. at 89-90.

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Melgar v. People

Jurisprudence

Case number: G.R. No. 223477

Division: PH Supreme Court Second Division

Date of decision: Feb 14, 2018

Year of decision: 2018

GBV Case Type

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

Nature of the case: The accused have committed economic abuse against the victim and their son, when he stopped supporting them. Worse, he sold the property which was supposed to answer for his support-in-arrears. The accused argues, inter alia, that he was charged of violation of Section 5 (i) of RA 9262 as the Information alleged that the acts complained of caused mental or emotional anguish, public ridicule or humiliation to his wife and son. As such, he contends that he cannot be convicted of violation of Section 5 (e) of RA 9262. The Court denied his contention. The Court found the accused GUILTY beyond reasonable doubt of violating Section 5 (e) of Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004.

Summary of outcome: The Court found the accused GUILTY beyond reasonable doubt of violating Section 5 (e) of Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004.

The accused is sentenced to suffer the following: (a) to suffer the penalty of imprisonment for an indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum; (b) to pay a fine in the amount of P300,000.00; and (c) to undergo a mandatory psychological counselling or psychiatric treatment and report compliance to the Regional Trial Court of Cebu City, Branch 6.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERLAS-BERNABE, J.

Long title: CELSO M.F.L. MELGAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

Geolocation 1

Latitude: 10.293188

Longitude: 123.901328

: Geolocation 1

Primary Documents

MELGAR.pdf
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Commission on Human Rights

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Melgar v. People

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