5/28/2020
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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
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