5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
749 PHIL. 823
THIRD DIVISION
[ G.R. No. 193707, December 10, 2014 ]
NORMA A. DEL SOCORRO, FOR AND IN BEHALF OF HER MINOR
CHILD RODERIGO NORJO VAN WILSEM, PETITIONER, VS. ERNST
JOHAN BRINKMAN VAN WILSEM, RESPONDENT.
DECISION
PERALTA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of
Court seeking to reverse and set aside the Orders[1] dated February 19, 2010 and
September 1, 2010, respectively, of the Regional Trial Court of Cebu City (RTC-Cebu),
which dismissed the criminal case entitled People of the Philippines v. Ernst Johan
Brinkman Van Wilsem, docketed as Criminal Case No. CBU-85503, for violation of
Republic Act (R.A.) No. 9262, otherwise known as the Anti-Violence Against Women
and Their Children Act of 2004.
The following facts are culled from the records:
Petitioner Norma A. Del Socorro and respondent Ernst Johan Brinkman Van Wilsem
contracted marriage in Holland on September 25, 1990.[2] On January 19, 1994, they
were blessed with a son named Roderigo Norjo Van Wilsem, who at the time of the
filing of the instant petition was sixteen (16) years of age.[3]
Unfortunately, their marriage bond ended on July 19, 1995 by virtue of a Divorce
Decree issued by the appropriate Court of Holland.[4] At that time, their son was only
eighteen (18) months old.[5] Thereafter, petitioner and her son came home to the
Philippines.[6]
According to petitioner, respondent made a promise to provide monthly support to their
son in the amount of Two Hundred Fifty (250) Guildene (which is equivalent to
Php17,500.00 more or less).[7] However, since the arrival of petitioner and her son in
the Philippines, respondent never gave support to the son, Roderigo.[8]
Not
long
thereafter,
respondent
came
to
the
Philippines
and
remarried
in
Pinamungahan, Cebu, and since then, have been residing thereat.[9] Respondent and
his new wife established a business known as Paree Catering, located at Barangay
Tajao, Municipality of Pinamungahan, Cebu City.[10] To date, all the parties, including
their son, Roderigo, are presently living in Cebu City.[11]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58780
1/13