FIRST DIVISION
G.R. No. 252087, February 10, 2021
XXX, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
CARANDANG, J.:
In this Petition for Review on Certiorari1 under Rule 45 of the Rules of Court, XXX2 (petitioner) seeks his acquittal and the reversal of the Decision3 dated November 5, 2019 and Resolution4 dated January 23, 2020 of the Court of Appeals (CA) in C.A.-G.R. CR No. 41597 which denied reconsideration and affirmed the Judgment5 dated March 19, 2018 of the Regional Trial Court (RTC) of Balanga City, Bataan, Branch 93 in Criminal Case No. 16554 finding him guilty of beyond reasonable doubt of violating Section 5(i) of Republic Act No. (R.A.) 9262, otherwise known as the "Anti-Violence against Women and Children Act of 2004."
The undersigned accuses [XXX] of the crime of VIOLATION OF SEC. 5 (i) of R.A. 9262, committed as follows:
That in the year 2005, and subsequent thereto, in Balanga City, Bataan, Philippines, and within the jurisdiction of this Honorable Court, the accused did then and there willfully, unlawfully and feloniously deprive, deny, refuse his minor child [CCC] of financial support thereby causing mental and emotional anguish to his wife, [AAA].
CONTRARY TO LAW.7
- the offended party is a woman and/or her child or children;
- the woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode;
- the offender causes on the woman and/or child mental or emotional anguish; and
- the anguish is caused through x x x denial of financial support x x x54
WHEREFORE, the Court finds the accused [XXX] GUILTY beyond reasonable doubt of VIOLATION OF SECTION 5 (i) OF R.A. 9262. He is hereby SENTENCED to suffer an indeterminate prison term of SIX (6) MONTHS AND ONE (1) DAY of PRISION CORRECCIONAL as minimum to EIGHT (8) YEARS AND ONE (1) DAY OF PRISION MAYOR as maximum.
Costs against the accused.
SO ORDERED. (Emphasis omitted)
The appeal is DENIED. The Judgment dated 19 March 2018 rendered by Branch 93 of the Regional Trial Court, Balanga City, Bataan, finding the appellant ABC guilty beyond reasonable doubt of violation of Section 5(i), of Republic Act 9262 or the Anti-Violence Against Women and Their Children Act of 2004, is AFFIRMED WITH MODIFICATION, in that the appellant is additionally required (i) to pay a fine of One Hundred Thousand Pesos (P100,000.00), and (ii) to undergo mandatory psychological counselling or psychiatric treatment and report its compliance to this Court.
IT IS SO ORDERED.61
COURT: Cross?
PROS. LASAM: Yes, Your Honor. In paragraph 5 of you (sic) Panghukumang Salaysay, you said that you offered to [AAA] Php 1,000.00 to Php 2,000.00 as financial support to your child. Is that correct?
WITNESS ([XXX]): Yes, sir.
PROS. LASAM: That was sometime in 2005?
WITNESS: Yes, Sir.
PROS. LASAM: But [AAA] refused it?
WITNESS: Yes, Sir.
PROS. LASAM: But if you really wanted to support the child you could just have open (sic) a bank account for a child and deposit (sic) the amount you offered to [AAA], Is that correct?
WITNESS: That is correct, Sir.
PROS. LASAM: And you did not do that?
WITNESS: Kasi po ganito, nag-usap po kami sa barangay pinaguusapan na po namin kung paano ireremit iyong pera ng bata. Nag-offer po kami na magbubukas ng ATM card at pagaaralin ang bata kaya lang hindi sa private, sa pampublikong eskuwelahan. Siyempre iniisip ko din po iyong welfare nung bata kahit na ginaganon niya ako at tsaka magulang ko. Wala naman po akong ginawang masama sa kanya. Lahat po in favor sa kanya an ginagawa ko.
COURT: Okay record the answer of the witness in a vernacular.
PROS. LASAM: My question is, if you really have an intention to support the child you could just open a bank account of a child and deposit the amount which you offer to [AAA]?
WITNESS: That's correct, Sir.
PROS. LASAM: But you did not do that?
WITNESS: Opo hindi ko na nagawa iyon dahil nung nag-usap po kami sa barangay tumalikod na po siya at doon na siya gumawa ng eskandalo. Kasama po niya iyong Lupon ng Barangay Tenejero at Lupon ng Barangay Arellano. Iyon po ang naguusap, nung time po na iyon hindi na siya bumalik noon. Ang ginawa po niyang step noon nagdemanda na siya doon sa City Prosecutor ng abandonment.71
x x x
PROS. LASAM: You were mentioning an (sic) Resolution of the Prosecutor's Office?
WITNESS: Yes, sir.
PROS. LASAM: From what portion of the Resolution are you saying that you merely followed?
WITNESS: There is no exact amount stated there as to how much I am going to give. We were looking for a petition, Sir.
PROS. LASAM: Why are you expecting that the Prosecutor's Office will fix an amount for the support of the child when that is not the issue being complaint (sic) of by [AAA]?
WITNESS: Is it not that there should be a fix (sic) amount that I should give her? At the time when we talked to Assistant City Prosecutor Prunay there was a computation how much I should give, we ended an amount of Php5,000.00 to Php6,000.00.
PROS. LASAM: But are you aware that City Prosecutor Prunay computed the amount of the suggested support that you give to the child because Fiscal Prunay is trying her best to amicably settle the dispute between you and [AAA]. Is that correct?
WITNESS: That is correct, Sir.
PROS. LASAM: And since you did not arrived to (sic) an amicable settlement why do you expect for the Prosecutor's Office to fix the amount that you will give?
WITNESS: Actually hindi nga po kami nagkasundo doon ng nag-amicable. Before the pre-trial, nung kami na po ang nagdefend ng aming ano, nagpunta po kami sa inyo nagkausap po tayo then nag offer din po ako sa kanila kaya lang ayaw naman po nila makipagsettle. (Actually we did not arrive in (sic) the (sic) amicable settlement. During the pre-trial we went to Fiscal Lasam and offered for a settlement but she refused.)72
Q.9. (Atty. Layug): What was your initial findings?
A.9: Based on the result of intake interview, observation and collateral interview, Mr. [XXX] went through the most severe traumas and tends to have experienced a life-threatening event such as what happened to him. The client reported that he is experiencing repeated distressing memories and dreams. There were also observed defensiveness and suspiciousness in the way he responded to the interview.
Q.10: What examinations did you administer to him?
A.10: PTSD Diagnostic Scale for DSM 5. The two major methods of assessment that can be performed to measure symptoms of PTSD include clinical interviews and screening instruments just like this one. It measures symptoms but may also reflect the clinical diagnosis according to the Diagnostic Statistical Manual of Mental Disorders (DSM) or International Classification of Diseases.
Q.11: What were your findings after that?
A.11: The personality assessment and clinical profile of Mr. [XXX] is indicative of someone with PTSD symptoms or Post Traumatic Stress Disorder – events that involve people who experienced or witnessed a life-threatening event that are at their worst, both the physical and psychological manifestations of the disorder are very pronounced, making it impossible for him to perform his every day job responsibilities. Avoidance symptoms present in [XXX]'s behavior come with PTSD that cause him to feel or be detached from everyday life. Thoughts that other people are trying to harm them that are exaggerated or unfounded can be considered paranoid. Thus, being assaulted may understandably skew thinking in a paranoid direction.
Q12. Did you interview other persons regarding [XXX]"s state? Why or why not?
A12. Yes ma'am. The following person were interviewed during the evaluation: [h]is sister, Nerry Ann Paquing, his mother and a close relative named Nancy Dalisay.
Q13. What did you find out?
A13. According to them, they have witnessed how [XXX] have (sic) suffered emotionally because of his wife's violent behaviors.
Q14. What are the sources of his distress?
A14. His distress came from the negative experiences he had from his wife such as incidents of public humiliation, physical violence and threats that she will ruin his life. Such experiences skewed his thinking in a paranoid direction and produces significant anxiety and stress. He cited the following: "Patuloy pa rin ang pang[g]ugulo niya sa akin at sinabi pang sisirain nya ang buhay ko at di ako matatahimik; Kapag nakikita nya ako kahit saan nagwawala sya at hinihiya ako, sinisigawan at minumura sa harap ng tao, sa school ng anak ko, sa barangay hall, sa Chowking Balanga, sa Orion Parish Church; Hindi mawala ang trauma sa akin nang pagtatangka nya na saksakin ako ng tulis ng dustpan; May mga insidente na may nagsasabi sa aking kakilala ko na may naghahanap sa akin at nagtatanong-tanong sa akin; Dalawang beses na akong pinuntahan ng pulis sa bahay dahil sa reklamo ni [AAA].73
x x x
Q17. Can he be healed of his malady?
A17. As with most mental illnesses, no cure exists for PTSD, but the symptoms can be effectively managed to restore the affected individual to normal functioning. The best hope for treating PTSD is a combination of medication and therapy. By working with a healthcare professional, individuals with PTSD can resolve their triggering factors and learn new and effective ways of coping with the stress of the past trauma.
Q18. What was the effect of the case being filed against him?
A18. It aggravated his condition and added to the triggering factors of his anxieties and stress.74
PROS. LASAM: A person suffering from Post-Traumatic Stress Disorder can still do or can still find a job, is that correct?
WITNESS: No, Sir. Because one of the significant feature of PTSD, or person having a PTSD is one who have this (sic) exaggerated thoughts that other people might harm him, in short he has a developed a deserted cognitive thinking leading to a paranoid direction. So PTSD individuals have a paranoid ideation and they have exaggerated excuses or in short avoidance symptoms, Sir.
PROS. LASAM: But can you said (sic) that this is a (sic) curable?
WITNESS: As with other mental illness this is not a curable (sic) but the symptoms can effectively manage (sic) if they would undergo therapist (sic).
PROS. LASAM: So assuming that Mr. [XXX] was indeed suffering from Post-Traumatic Stress Disorder or PTSD that will still be cured (sic)?
WITNESS: The term is not cure, Sir, but management of symptom (sic).
PROS. LASAM: Were you able to find out when did this PTSD occur?
WITNESS: Base (sic) on the evaluation Sir, it has been existing already for several years since the time that PTSD was developed when an individual was exposed, experienced, or witness traumatic experiences regardless of its severity.75
x x x
PROS. LASAM: So he knows there is something wrong on (sic) him. So he should be faulted why he remain like that, if that is your findings?
WITNESS: Actually Sir, his thinking is already distorted that's why instead of doing something to improve his condition, avoidance symptoms were developed. He just tend (sic) to avoid or be detached everyday life and he was not capable of performing minimal role expectations like finding a job because that is his coping mechanism that he have (sic) learned. Avoidance symptoms are common for PTSD clients.76
x x x
PROS. LASAM: Are you saying that the person Suffering from PTSD should remain in the house because he was suffering from that?
WITNESS: No, Sir. I recommended the cognitive behavioral therapy in my report, that [XXX] should undergo treatment like this.
PROS. LASAM: Are you saying that Mr. [XXX] should always stay in the house?
WITNESS: No, Sir.
PROS. LASAM: If he should not always stay in the house he must go out of the house?
WITNESS: Yes, Sir.
PROS. LASAM: So he has a capability to work outside?
WITNESS: Maybe after the treatment, Sir. If he would go under therapy and he will be restored into normal functioning of an individual then will be the time he could. But for now Sir he could not be effectively perform (sic) minimal work expectations because of the paranoid and the avoidance symptoms.77
x x x
PROS. LASAM: But Mr. [XXX] is physically fit to work if he really wanted to?
WITNESS: According to him he has seen a medical doctor telling him that he suffered from cardiovascular disease.
PROS. LASAM: But that diagnosed (sic) was only lately during the hearing but on the very same day that he is going to testify that is the only time he issued a certification, is that correct? So prior to that he is fit to work. He is physically fit, is that correct?
WITNESS: Just like what I have said Sir, if the person is reporting that he is not capable while he can, the truth is he can, then, there is something wrong with him. There is really something wrong with him, and he needs professional help to correct his distorted thinking. To correct the skewed thinking that lead to the paranoid and avoidance symptoms. Because it influence (sic) him to be incapable of performing minimal role expectations. So working is a minimal role expectation for a person his age that is expected to work. And he is incapable of doing that, Sir. Because of his distorted thinking.78
COURT: Based on your findings is [XXX] insane?
WITNESS: Not insane. Your Honor. But he is suffering from mental illness called PTSD.
COURT: Okay, thank you. Since he is not insane he knows what is good, he knows what is bad?
WITNESS: Not in all aspects Sir. But in his case there is a distorted thinking[,] a paranoid ideation.79
x x x
COURT: Does he knows (sic) that he needs to work in order to earn money?
WITNESS: Yes, Your Honor, he knows that.
COURT: Does he knows (sic) that a father should support his daughter?
WITNESS: Yes, Your Honor.
COURT: Okay. So in other words his became (sic) PTSD did not anyway affected (sic) his mental faculty as a rational being?
WITNESS: The moral functioning, Your Honor, is not affected in his case. But his cognitive ability, especially to battle or fight his paranoid ideation are (sic) too strong for him.
COURT: Did [XXX], the accused in this case, told (sic) you that at present he takes care of his mother and that he does the household chores. Does (sic) he told (sic) you that?
WITNESS: Yes, Your Honor.
COURT: You said a while ago that [XXX] is suffering from PTSD that is why he does not want to work outside?
WITNESS: Yes, Your Honor.
COURT: How could you explain his attitude that despite the fact he is suffering from PTSD at present he can works (sic) at home [and] in fact he takes care of his mother who is elderly and sick, and at the same time do (sic) the household chores like washing the dishes, and washing the clothes, clean (sic) the house. How could you explain that?
WITNESS Your Honor, the person suffering from PTSD could not work in an environment that he feels he is not secure. But for the case of [XXX] the only place he could find security is their home. He felt secured with his mother, with his family that's why he could perform normally within the house.80
Endnotes:
1Rollo, pp. 8-20.
2 Section 44 of Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) requires the confidentiality of all records pertaining to cases of violence against women and their children. Per said section, all public officers and employees are prohibited from publishing or causing to be published in any format the name and other identifying information of a victim or an immediate family member. The penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00) shall be imposed upon those who violate the provision. Pursuant thereto, in the courts promulgation of decisions, final resolutions and/or final orders, the names of women and children victims shall be replaced by fictitious initials, and their personal circumstances or any information, which tend to identify them, shall likewise not be disclosed
3 Penned by Associate Justice Walter S. Ong, with the concurrence of Associate Justices Germano Francisco D. Legaspi and Ricardo D. Rosario (now a Member of this Court); id. at 27-40.
4 CA rollo, p. 135.
5 Penned by Presiding Judge Philger Noel Inovejas; records, pp. 308-322.
6 Records, p. 1.
7 Id.
8 Id. at 27.
9 Supra note 2.
10 Id.
11 Records, p. 309; rollo, p. 28.
12 TSN dated June 15, 2017, pp. 4-5.
13 Supra note 2.
14 Records, p. 79.
15 Id. at 80.
16 10 TSN dated June 15, 2017, pp. 4-5.
17 Id.
18 Id. at 9.
19 Id. at 5.
20 TSN dated June 8, 2017, p. 6.
21 TSN dated June 15, 2017, p. 11.
22 Id. at 13.
23 Records, p. 1.
24 TSN dated June 8, 2017, p. 5.
25 TSN dated July 13, 2017, pp. 2-3.
26 Id. at 11.
27 Id. at 4.
28 Id. at 14-15.
29 Id. at 5.
30 Id. at 16-17.
31 TSN dated January 23, 2018, p. 24
32 Records, p. 312.
33 Id.
34 Id. at 173, 312.
35 TSN dated January 23, 2018, p. 10.
36 Records, pp. 186-188.
37 Id. at 173, 312-313.
38 Id. at 172.
39 Id. at 199-200.
40 Id. at 174; TSN dated January 23, 2018, pp. 17-18.
41 Id. at 19, 23.
42 Records, pp. 172-175.
43 TSN dated January 23, 2018, pp. 28-30.
44 Records, p. 311.
45 Id. at 113.
46 TSN dated August 31, 2017, p 4.
47 Records, p. 311.
48 Id. at 160.
49 TSN dated December 7, 2017, pp. 2-3.
50 Records, p 311.
51 Id. at 210-211.
52 Id. at 211-213; TSN dated February 20, 2018, pp. 4-17.
53 761 Phil. 356 (2015).
54 Id. at 373; records, p. 317.
55 Records, pp. 318-319.
56 Id. at 318.
57 Id. at 320.
58 Id. at 318.
59 CA rollo, pp. 23-30.
60 Id. at 69-77.
61Rollo, p. 40.
62 CA rollo, pp. 112-126.
63 Supra note 3.
64Rollo, pp. 12-20.
65 Additional rollo, pp. 161-175.
66 Id. at 167, 172-173.
67Araza v. People, G.R. No. 247429, September 8, 2020.
68Dinamling v. People, supra note 53.
69Dinamling v. People, supta note 53 at 380.
70People v. Aranda, 297 Phil. 630, 640 (1993).
71 TSN dated January 23, 2018, pp. 8-9. Emphasis and underscoring supplied.
72 Id. at 11-12.
73 Records, pp. 211-212. Citations omitted; emphasis, underscoring, and italics supplied.
74 Id. at 213.
75 TSN dated February 20, 2018, p. 6. Emphasis and underscoring supplied.
76 Id. at 7. Emphasis and underscoring supplied.
77 Id. at 8. Emphasis and underscoring supplied.
78 Id. at 10-11. Emphasis and underscoring supplied.
79 Id. at 16. Emphasis and underscoring supplied.
80 Id. at 16-17.
81People v. Lacerna, 344 Phil. 100, 122 (1997).
82 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.
83 "Psychological 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.
84 826 Phil. 177 (2018).
85 Id. at 184-185.
86 Id. at 187.
87 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:
x x x
(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 harm, 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:
x x x
(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;
x x x xcralawredlibrary