Decision
-5-
G.R. No. 232678
expedient of claiming that his marriage with AAA 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. The CA opined that Reyes can also be convicted for
violation of Section 5(e), assuming that he is indicted for the said crime,
because said provision criminalizes the mere act of depriving a woman of
financial support legally due her.
Maintaining his innocence of the crime charged, Reyes filed the present
petition and posited the following issues, to wit:
I.
THE HONORABLE COURT OF APPEALS COMMITTED A
REVERSIBLE ERROR WHEN IT AFFIRMED THE RULING OF
THE HONORABLE REGIONAL TRIAL COURT DIRECTING
HEREIN PETITITONER TO RESUME GIVING REGULAR
MONTHLY FINANCIAL SUPPORT TO AAA IN THE AMOUNT
OF P20,000.00 TO BE DEDUCTED DIRECTLY FROM HIS NET
MONTHLY SALARY RECKONED FROM THE TIME IT WAS
WITHHELD IN JULY 2005.
II.
THE HONORABLE COURT OF APPEALS COMMITTED A
REVERSIBLE ERROR WHEN IT AFFIRMED THE DECISION
OF THE HONORABLE REGIONAL TRIAL COURT, FINDING
THE PETITIONER GUILTY BEYOND REASONABLE DOUBT
OF VIOLATING SECTION S(i) OF REPUBLIC ACT NO. 9262
OTHERWISE KNOWN AS THE ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT AND SENTENCING
HIM TO SUFFER AN INDETERMINATE PENALTY OF THREE
(3) YEARS OF PRIS/ON CORRECCJONAL, AS MINIMUM, TO
EIGHT (8) YEARS AND ONE (1) DAY OF PRIS/ON MAYOR, AS
MAXIMUM. 12
Petitioner insists that the Information, dated June 5, 2006, failed to
allege any of the acts punishable under either Section 5(e ), par. 2 or Section
5(i) of R.A. No. 9262. He contends that the defective criminal Information
should have been quashed at the first instance by the RTC because it
effectively deprived him of his right to due process.
The OSG counters that it is apparent from a perusal of the Information
that Reyes is charged under Section 5(e), par. 2 for having committed
economic abuse against AAA when he abandoned her and failed to give her
financial support. The OSG submits that the CA is correct in not only
affirming the conviction of Reyes under Section 5(i), but in finding that he
can be also held criminally liable under Section 5(e), par. 2 because his
purpose in depriving AAA with support is to cow her from further filing cases
against him or to withdraw those already filed. The OSG asserts that
petitioner's guilt for violation of the provisions of Sections 5{e), par. 2 ~
12
Id. at 15.