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(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;
(3)
Depriving or threatening to deprive the woman or her child of a legal right;
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Under this provision, the deprivation or denial of financial support to the child is
considered an act of violence against women and children.27 Notably, case law instructs
that the act of denying support to a child is a continuing offense.28
In this case, the courts a quo correctly found that all the elements of violation of
Section 5 (e) of RA 9262 are present, as it was established that: (a) Melgar and AAA
had a romantic relationship, resulting in BBB's birth; (b) Melgar freely acknowledged his
paternity over BBB; (c) Melgar had failed to provide BBB support ever since the latter
was just a year old; and (d) his intent of not supporting BBB was made more apparent
when he sold to a third party his property which was supposed to answer for, among
others, his support-in-arrears to BBB. Thus, the Court finds no reason to deviate from
the factual findings of the trial court, as affirmed by the CA, as there is no indication
that it overlooked, misunderstood or misapplied the surrounding facts and
circumstances of the case. In fact, the trial court was in the best position to assess and
detennine the credibility of the witnesses presented by both parties and, hence, due
deference should be accorded to the same.29
In an attempt to absolve himself from criminal liability, Melgar argues, inter alia, that
he was charged of violation of Section 5 (i) of RA 9262 as the Information alleged that
the acts complained of "caused mental or emotional anguish, public ridicule or
humiliation to [AAA] and her son[, BBB]." As such, he contends that he cannot be
convicted of violation of Section 5 (e) of RA 9262.30
Melgar's contention is untenable.
Section 5 (i) of RA 9262, a form of psychological violence,31 punishes the act of
"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 or denial of access to the
woman's child/children." Notably, "[p]sychological violence is an element of violation of
Section 5 (i) just like the mental or emotional anguish caused on the victim.
Psychological violence is the means employed by the perpetrator, while mental or
emotional anguish is the effect caused to or the damage sustained by the offended
party. To establish psychological violence as an element of the crime, it is necessary to
show proof of commission of any of the acts enumerated in Section 5 (i) or similar acts.
And to establish mental or emotional anguish, it is necessary to present the testimony
of the victim as such experiences are personal to this party."32 Thus, in cases of
support, it must be first shown that the accused's denial thereof - which is, by itself,