SECOND DIVISION
G.R. No. 223477, February 14, 2018
CELSO M.F.L. MELGAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
PERLAS-BERNABE, J.:
Before the Court is a petition for review on certiorari1 assailing the Decision2 dated August 28, 2015 and the Resolution3 dated February 10, 2016 of the Court of Appeals (CA) in CA-G.R. CEB-CR No. 02211, which affirmed the Judgment4 dated September 10, 2012 of the Regional Trial Court of Cebu City, Branch 6 (RTC) in Crim. Case No. CBU-87386 finding petitioner Celso M.F.L. Melgar (Melgar) guilty beyond reasonable doubt of violating Section 5 (e) of Republic Act No. (RA) 9262,5 otherwise known as the "Anti-Violence Against Women and their Children Act of 2004."
That on or about the month of August, 2001 and subsequent thereto, in the City of Cebu, Philippines and within the jurisdiction of this Honorable Court, the said accused, having the means and capacity to give financial support, with deliberate intent, did then and there commit acts of economic abuse against one [AAA,6] and her minor son, [BBB] (12 years old), by depriving them of financial support, which caused mental or emotional anguish, public ridicule or humiliation, to AAA and her son.After arraignment wherein Melgar pleaded not guilty to the charge against him, he and AAA entered into a compromise agreement8 on the civil aspect of the case. After the RTC's approval of the compromise agreement on June 24, 2010, the criminal aspect of the case was provisionally dismissed with Melgar's conformity. However, one (1) year later, or on June 24, 2011, the prosecution moved to set aside the compromise agreement and to revive the criminal action, on the ground that Melgar sold the property, which was supposed to, among others, answer for the support-in-arrears of his son, BBB, from 2001 to 2010 pursuant to their compromise agreement. Consequently, the RTC revived the criminal aspect of the case and allowed the prosecution to present its evidence.9
CONTRARY TO LAW.7
Section 3. Definition of Terms. - x x x.As may be gathered from the foregoing, "economic abuse" may include the deprivation of support of a common child of the man-accused and the woman-victim, whether such common child is legitimate or not.26 This specific act is penalized by Section 5 (e) of RA 9262, pertinent portions of which read:
x x x x
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victim's own money or properties or solely controlling the conjugal money or properties.
x x x x
Section 5. Acts of Violence Against Women and Their Children. - The crime of violence against women and their children is committed through any of the following acts: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
xxxx (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other hann, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: xxxx (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; xxxx
Meanwhile, Sec. 1 of Act No. 4103, otherwise known as the Indeterminate Sentence Law (ISL), provides that if the offense is ostensibly punished under a special law, the minimum and maximum prison term of the indeterminate sentence shall not be beyond what the special law prescribed. Be that as it may, the Court had clarified in the landmark mling of People v. Simon [(G.R. No. 93028, July 29, 1994, 239 SCRA 555)] that the situation is different where although the offense is defined in a special law, the penalty therefor is taken from the technical nomenclature in the RPC. Under such circumstance, the legal effects under the system of penalties native to the Code would also necessarily apply to the speciallaw.36Otherwise stated, if the special penal law adopts the nomenclature of the penalties under the RPC, the ascertainment of the indeterminate sentence will be based on the rules applied for those crimes punishable under the RPC.37
Endnotes:
1Rollo, pp. 12-43.
2 Id. at 50-61. Penned by Associate Justice Edgardo L. Delos Santos with Associate Justices Renato C. Francisco and Edward B. Contreras concurring.
3 Id. at 64-65. Penned by Associate Justice Edgardo L. Delos Santos with Associate Justices Edward B. Contreras and Germano Francisco D. Legaspi concurring.
4 Id. at 88-93. Penned by Presiding Judge Ester M. Veloso.
5 Entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004.
6 The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USINU FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.)
7Rollo, pp. 50-51 and 88.
8 Dated June 23, 2010. Id. at 85-87.
9 See id. at 51-52.
10 See id. at 89-90.
11 See id. at 90-91.
12 Id. at 52. See also id. at 92.
13 Id. at 88-93.
14 Id. at 93.
15 See id. at 92-93.
16 See motion for reconsideration dated February 4, 2013; id. at 94-98.
17 Id. at 99-101.
18 Not attached to the rollo.
19Rollo, pp. 50-61.
20 Id. at 60.
21 See id. at 55-60.
22 Id. at 60.
23 See motion for reconsideration dated October 7, 2015; id. at 66-78.
24 Id. at 64-65.
25 See Section 3 (a) ofRA 9262. See also Garcia v. Drilon, 712 Phil. 44, 66 (2013).
26 Under the Family Code, parents are obliged to provide for their children, whether legitimate or illegitimate, support which comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. This obligation to give support is demandable from the time the person who is entitled thereto needs it, and such obligation may be enforced through a civil action for this purpose. (See Articles 194, 195, and 203 of the Family Code.)
27Del Socorro v. Van Wilsem, 749 Phil. 823, 839 (2014).
28 Id. at 840.
29 See Peralta v. People, G.R. No. 221991, August 30, 2017, citing People v. Matibag, 757 Phil. 286, 293 (2015).
30 See rollo, pp. 21-34.
31 Under Section 3 (a) (C) of RA 9262, "'[p]sychological violence' refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as 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."
32Dinamling v. People, 761 Phil. 356, 376 (2015).
33 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.34 See G.R. No. 214497, April 18, 2017.
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.
35 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.
36 See Quimvel v. People, supra note 34.
37 See Peralta v. People, supra note 29, citing Mabunot v. People, G.R. No. 204659, September 19, 2016, 803 SCRA 349, 364.
38 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:
x x x x
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.