5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly The bail bond posted by accused Ernst Johan Brinkman Van Wilsem for his provisional liberty is hereby cancelled (sic) and ordered released. SO ORDERED. Cebu City, Philippines, February 19, 2010.[22] Thereafter, petitioner filed her Motion for Reconsideration thereto reiterating respondent’s obligation to support their child under Article 195[23] of the Family Code, thus, failure to do so makes him liable under R.A. No. 9262 which “equally applies to all persons in the Philippines who are obliged to support their minor children regardless of the obligor’s nationality.”[24] On September 1, 2010, the lower court issued an Order[25] denying petitioner’s Motion for Reconsideration and reiterating its previous ruling. Thus: x x x The arguments therein presented are basically a rehash of those advanced earlier in the memorandum of the prosecution. Thus, the court hereby reiterates its ruling that since the accused is a foreign national he is not subject to our national law (The Family Code) in regard to a parent’s duty and obligation to give support to his child. Consequently, he cannot be charged of violating R.A. 9262 for his alleged failure to support his child. Unless it is conclusively established that R.A. 9262 applies to a foreigner who fails to give support to his child, notwithstanding that he is not bound by our domestic law which mandates a parent to give such support, it is the considered opinion of the court that no prima facie case exists against the accused herein, hence, the case should be dismissed. WHEREFORE, the motion for reconsideration is hereby DENIED for lack of merit. SO ORDERED. Cebu City, Philippines, September 1, 2010.[26] Hence, the present Petition for Review on Certiorari raising the following issues: 1. Whether or not a foreign national has an obligation to support his minor child under Philippine law; and 2. Whether or not a foreign national can be held criminally liable under R.A. No. 9262 for his unjustified failure to support his minor child.[27] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58780 3/13