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Decision
G.R. No. 232678
thereby depriving her of her basic needs and inflicting upon her
psychological and emotional suffering and/or injuries, to the damage and
prejudice of the said offended party.
CONTRARY TO LAW. 20
In the context of Section 6, Rule 110, the Court finds that the aforequoted Information contains the recital of facts necessary to constitute the
crime charged. The June 5, 2006 Information stated in no uncertain terms that:
(1) the offended party, AAA, is the wife of the offender Reyes; (2) AAA
sustained mental and emotional anguish; and (3) such anguish is inflicted by
offender Reyes when he deliberately and unlawfully denied AAA with
financial support.
Psychological violence is certainly an indispensable element of
violation of Section 5(i) ofR.A. No. 9262. Equally essential is the element of
the mental or emotional anguish which is personal to the complainant.
Psychological violence is the means employed by the perpetrator, while
mental or emotional suffering is the effect caused to or the damage sustained
by the offended party. 21 To establish psychological violence, it is necessary to
adduce proof of the commission of any of the acts enumerated in Section 5(i)
or similar of such acts. We concur with the similar findings of the courts a
quo that the prosecution had duly proved, through the clear and convincing
testimonies of AAA and her daughter, that Reyes committed psychological
violence against AAA when he deprived her of financial support beginning
July 2005 and onwards which caused her to experience mental and emotional
suffering to the point that even her health condition was adversely affected.
Reyes argues that he cannot be held liable for violation of R.A No. 9262
because he has no obligation to financially support AAA since he never
contracted marriage with her. Petitioner is mistaken.
We find that the National Statistics Office certified copy of a marriage
certificate presented by the prosecution serves as positive evidence of the
existence of the marriage between Reyes and AAA. The certified copy of the
marriage contract, issued by a public officer in custody thereof, is admissible
as the best evidence of its contents. The marriage contract plainly indicates
that a marriage was celebrated between Reyes and AAA on May 15, 1969,
and it should be accorded the full faith and credence given to public
documents. 22 As correctly pointed out by the CA, their marriage is deemed
valid until declared otherwise in a judicial proceeding. Hence, Reyes is
obliged to support his wife, AAA, the amount of which shall be in proportion
to the resources or means of the said petitioner and to the needs of the latter. 23
20
21
22
23
Records, p. I.
AAA v. BBB, G.R. No. 212448, January 11, 2018.
Tenebro v. Court ofAppeals, 467 Phil. 723, 740 (2004).
lim-luav. lua,710Phil.211,221 (2013).
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