Decision
- IO -
G.R. No. 232678
he stopped giving monetary support to AAA because she filed a Bigamy case
against him. The Court finds his excuse unacceptable and will not at all
exculpate him from criminal liability under the VA WC. It is noteworthy that
AAA charged Reyes with Bigamy not merely to torment or harass him but to
enforce her right and protect her interest as petitioner's legal wife considering
that he contracted a second marriage with one Marilou Osias Ramboanga
during the subsistence of his marriage with AAA. Evidently, the denial of
financial support is designed to subjugate AAA's will and control her conduct,
either to pressure her to withdraw said criminal case for Bigamy or dissuade
her from pursuing it, or at least, to discourage her from filing additional cases
against him.
There is nothing in the definition nor in the enumeration of the acts
constituting psychological violence and economic abuse that is vague and
ambiguous that will confuse Reyes as what conducts are penalized under the
VA WC. They are worded with sufficient definiteness and clarity that persons
of ordinary intelligence can understand what act is prohibited, and need not
guess as to its meaning nor differ in its application. The express language of
R.A. No. 9262 reflects the intent of the legislature for liberal construction as
will best ensure the attainment of the object of the law according to its true
intent, meaning and spirit - to promote the protection and safety of victims of
violence against women and children. 25
Lastly, the Court finds that Reyes should be compelled to comply with
the directive under the TPO pertaining to the resumption of providing monthly
financial support to AAA. It bears stressing that not an iota of evidence was
adduced by him to show that he is no longer employed and/or he failed to
obtain another gainful employment and/or that he has no resources or means
to provide the same.
Having ascertain the guilt of Reyes for violation of Section 5(i), We
shall now proceed to determine the appropriate penalty.
Section 6 of R.A. No. 9262 provides:
Section. 6. Penalties. - The crime of violence against women and their
children, under Section 5 hereof shall be punished according to the
following rules:
xxxx
(f) Acts falling under Section 5(h) and Section 5(i) shall
be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied shall be the
maximum period of penalty prescribed in this section. In addition):;-;{/
25
Go-Tan v. Spouses Tan, 588 Phil. 532, 541 (2008).
(_/ I