5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Based on the foregoing legal precepts, we find that respondent may be made liable under Section 5(e) and (i) of R.A. No. 9262 for unjustly refusing or failing to give support to petitioner’s son, to wit: SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: xxxx (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, physical 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, or deliberately providing the woman's children insufficient financial support; xxxx (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.[51] Under the aforesaid special law, the deprivation or denial of financial support to the child is considered an act of violence against women and children. In addition, considering that respondent is currently living in the Philippines, we find strength in petitioner’s claim that the Territoriality Principle in criminal law, in relation to Article 14 of the New Civil Code, applies to the instant case, which provides that:“[p]enal laws and those of public security and safety shall be obligatory upon all who live and sojourn in Philippine territory, subject to the principle of public international law and to treaty stipulations.” On this score, it is indisputable that the alleged continuing acts of respondent in refusing to support his child with petitioner is committed here in the Philippines as all of the parties herein are residents of the Province of Cebu City. As such, our courts have territorial jurisdiction over the offense elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58780 8/13

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