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Decision -6- G.R. No. 232678 5(i) ofR.A. No. 9262 has been established by the prosecution beyond cavil of a doubt. The petition is devoid of merit. Reyes stands charged with violation of Section 5(i) of R.A. No. 9262. By alleging that the Information should have been quashed by the R TC for lack of the essential elements of the crime of violation of Section 5(i) ofR.A. No. 9262, Reyes is essentially averring that the recital of facts therein do not constitute the offense charged. Under Section 6, Rule 110 of the Rules of Court, the complaint or information is sufficient if it states the names of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. It is imperative that an indictment fully states the elements of the specific offense alleged to have been committed. 13 The sufficiency of the allegations of facts and circumstances constituting the elements of the crime charged is crucial in every criminal prosecution because of the ever-present obligation of the State to duly inform the accused of the nature and cause of the accusation. 14 Every element constituting the offense must be alleged in the Information 15 since the prosecution has the duty to prove each and every element of the crime charged in the information to warrant a finding of guilt for the crime charged. Thus, the Information must correctly reflect the charge against the accused before any conviction may be made. The fundamental test in determining the sufficiency of the averments in a complaint or information is whether the facts alleged therein, if hypothetically admitted, constitute the elements of the offense. 16 To meet the test of sufficiency, therefore, it is necessary to refer to the law defining the offense charged which, in this case, is Section 3( c) of R.A. No. 9262, in relation to Section 5(i), which provides as follows: Section 3. Definition o_/Terms. -As used in this Act: xxxx C. "Psychological violence" refers to acts or omissions, causing or likely to cause mental or emotional suffering of the 13 14 15 16 People v. Cutamora, 396 Phil. 405, 414 (2000). People v. P02 Valdez, et al., 679 Phil. 279, 283 (2012). Andaya v. People, 526 Phil. 480, 497 (2006). People v. Balao, et al., 655 Phil. 563, 571-572 (2011 ). er

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Reyes v. People

Jurisprudence

Case number: G.R. No. 232678

Division: PH Supreme Court Third Division

Date of decision: Jul 3, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: The accused committed psychological violence against his wife when he suddenly stopped giving her financial support and by reason of which, she suffered emotional and mental anguish. The Court maintained that the accused has an obligation to financially support his wife and their marriage is valid until annulled by the court. It held that the accused could not escape liability by the mere expedient of claiming that his marriage with his wife is void because violation of Section 5(i) of R.A. No. 9262 can be committed even against a woman with whom the accused had a sexual or dating relationship, or with whom he has a common child. In fine, the accused was found guilty beyond reasonable doubt of the crime under the aforesaid section of R.A. 9262.

Summary of outcome: The offender is sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum and ordered to pay a fine quivalent to Two Hundred Thousand Pesos (P200,000.00). Further, the offender is directed to undergo a mandatory psychological counselling or psychiatric treatment, and to report his compliance therewith to the court of origin within fifteen (15) days after the completion of such counselling or treatment.

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: ESTEBAN DONATO REYES, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

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Latitude: 14.646148

Longitude: 121.050212

: Geolocation 1

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Esteban Donato Reyes Vs. People of the Philippines.pdf
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Reyes v. People

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