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but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children." 32 Dinamling v. People, 761 Phil. 356, 376 (2015). See People v. Caoili, G.R. Nos. 196342 and 196848, August 8, 2017. See also Sections 4 and 5 of Rule 120 of the 2000 Revised Rules of Criminal Procedure, which read: Section 4. Judgment in case of variance between allegation and proof. - When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. 33 Section 5. When an offense includes or is included in another. - An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. 34 See G.R. No. 214497, April 18, 2017. Entitled "AN ACT TO PROVIDE AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES," approved on December 5, 1933. 35 36 See Quimvel v. People, supra note 34. See Peralta v. People, supra note 29, citing Mabunot v. People, G.R. No. 204659, September 19, 2016, 803 SCRA 349, 364. 37 Pertinent portions of Section 6 of RA 9262 read: Section 6. Penalties. - The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules: 38 xxxx In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

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Melgar v. People

Jurisprudence

Case number: G.R. No. 223477

Division: PH Supreme Court Second Division

Date of decision: Peb 14, 2018

Year of decision: 2018

GBV Case Type

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

Nature of the case: The accused have committed economic abuse against the victim and their son, when he stopped supporting them. Worse, he sold the property which was supposed to answer for his support-in-arrears. The accused 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 his wife and son. As such, he contends that he cannot be convicted of violation of Section 5 (e) of RA 9262. The Court denied his contention. The Court found the accused GUILTY beyond reasonable doubt of violating Section 5 (e) of Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004.

Summary of outcome: The Court found the accused GUILTY beyond reasonable doubt of violating Section 5 (e) of Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004.

The accused is sentenced to suffer the following: (a) to suffer the penalty of imprisonment for an indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum; (b) to pay a fine in the amount of P300,000.00; and (c) to undergo a mandatory psychological counselling or psychiatric treatment and report compliance to the Regional Trial Court of Cebu City, Branch 6.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERLAS-BERNABE, J.

Long title: CELSO M.F.L. MELGAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

Geolocation 1

Latitude: 10.293188

Longitude: 123.901328

: Geolocation 1

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MELGAR.pdf
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Commission on Human Rights

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Melgar v. People

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