The Supreme Court acquitted XXX256611 of violating the Anti-Violence Against Women and Their Children Act (RA 9262), specifically Section 5(e)(2) concerning the deprivation of financial support. The Court emphasized that mere failure to provide financial support is insufficient for a conviction; the act must be willful and intended to control or restrict the woman’s or child’s conduct. This ruling clarifies the essential elements needed to prove economic abuse under RA 9262, highlighting the importance of demonstrating a deliberate intent to control or cause anguish through the withholding of support.

Can Illness Excuse Failure to Provide Support?

This case revolves around XXX256611, who was initially found guilty by the lower courts of violating Section 5(i) of RA 9262 for causing psychological anguish to his former partner and children by depriving them of financial support. The Court of Appeals modified the decision, finding him guilty instead of violating Section 5(e)(2) of RA 9262, which penalizes the deprivation of financial support without the element of psychological violence. The central question is whether XXX256611’s failure to provide support, especially after a debilitating accident and subsequent health issues, constitutes a violation of RA 9262, considering the law’s intent to protect women and children from abuse.

The Supreme Court’s analysis hinged on the interpretation of Section 5(e)(2) of RA 9262, which addresses the act of depriving women or their children of financial support. To fully understand the gravity of this, let us quote the full text of Section 5(e)(2) of RA 9262:

(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 be 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:

(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;

The Court, citing the landmark case of Acharon v. People, emphasized that mere denial of financial support is not sufficient grounds for prosecution under Section 5(e) of RA 9262. The Acharon case clarified that the denial must have the “purpose or effect of controlling or restricting the woman’s… movement or conduct.” The use of “deprive” implies willfulness and intention; thus, the **willful deprivation of financial support** is the *actus reus* (the guilty act), and the *mens rea* (the guilty mind) is the intention to control or restrict the woman’s or her children’s conduct.

The Court also distinguished between Sections 5(e) and 5(i) of RA 9262, noting that they punish different things, making the variance doctrine inapplicable. Section 5(e) punishes the deprivation of financial support to control the woman or undermine her agency, whereas Section 5(i) penalizes the willful infliction of mental or emotional anguish through the denial of financial support.

In this case, the elements for violation of Section 5(e) of RA 9262, as laid down in Acharon, are crucial:

(1)	The offended party is a woman and/or her child or children;
(2)	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;
(3)	The offender either (a) deprived or (b) threatened to deprive the woman or her children of financial support legally due her or her financial support;
(4)	The offender committed any or all of the acts under the 3rd element for the purpose of controlling or restricting the woman’s or her child’s movement or conduct.

While the first two elements were not in dispute, the Court focused on the third and fourth elements. The evidence showed that XXX256611’s failure to provide financial support stemmed from a severe accident in 2012, which resulted in the amputation of his leg and rendered his left hand non-functional. His medical expenses were substantial, leading to the mortgage of his mother’s land and the exhaustion of his retirement benefits to pay off loans.

The Supreme Court acknowledged that XXX256611 did not deliberately choose to withhold support; his dire circumstances hindered his capacity to provide for his children. The prosecution failed to prove that his actions were intended to control the actions or movements of AAA256611 or their children. This lack of malicious intent cleared XXX256611 of criminal liability under Section 5(e)(2) of RA 9262.

Regarding Section 5(i) of RA 9262, which penalizes causing mental or emotional anguish through the denial of financial support, the Court reiterated that mere denial is insufficient. The prosecution must prove that the accused willfully withheld support to inflict mental or emotional anguish. In this case, no evidence suggested that XXX256611’s actions were aimed at causing such distress. AAA256611’s statement that she felt “mad” did not equate to mental or emotional anguish as defined by law.

The Court also disregarded the unauthenticated letter allegedly written by the children, as neither child testified to confirm its authenticity. The absence of concrete evidence demonstrating a deliberate intent to cause mental or emotional anguish further weakened the prosecution’s case.

FAQs

What was the key issue in this case?	The key issue was whether XXX256611’s failure to provide financial support to his children constituted a violation of the Anti-Violence Against Women and Their Children Act (RA 9262), specifically Section 5(e)(2), given his physical disability and financial constraints. The Court needed to determine if his actions were willful and intended to control or restrict the actions of his former partner or children.
What is Section 5(e)(2) of RA 9262?	Section 5(e)(2) of RA 9262 penalizes the act of depriving or threatening to deprive a woman or her children of financial support legally due to them or deliberately providing insufficient financial support, with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct. It addresses economic abuse within the context of violence against women and children.
What does the Acharon v. People case say about denying financial support?	Acharon v. People clarified that mere denial of financial support is insufficient for a conviction under Section 5(e) of RA 9262. The denial must be willful and intended to control or restrict the woman’s or child’s conduct, emphasizing the importance of proving the offender’s intent.
What is the difference between Section 5(e) and 5(i) of RA 9262?	Section 5(e) penalizes the deprivation of financial support to control the woman or undermine her agency, while Section 5(i) penalizes the willful infliction of mental or emotional anguish through the denial of financial support. The key difference lies in the intent behind the denial of support.
What are the elements needed to prove a violation of Section 5(e) of RA 9262?	To prove a violation of Section 5(e) of RA 9262, it must be established that the offended party is a woman and/or her child, the woman has a specific relationship with the offender, the offender deprived or threatened to deprive the woman or her children of financial support, and the offender acted with the purpose of controlling or restricting the woman’s or her child’s movement or conduct. All these elements must be proven beyond reasonable doubt.
Why was XXX256611 acquitted in this case?	XXX256611 was acquitted because the prosecution failed to prove that his failure to provide financial support was willful and intended to control or restrict the actions of his former partner or children. The evidence indicated that his inability to provide support stemmed from a severe accident and subsequent health issues, not a deliberate intent to cause harm or control.
What role did the unauthenticated letter play in the court’s decision?	The unauthenticated letter, allegedly written by the children, was disregarded by the Court due to its lack of authentication. Neither child testified to confirm its authenticity, and the former partner did not provide sufficient testimony to establish its validity.
What should a prosecutor prove to secure a conviction under Section 5(i) of RA 9262?	To secure a conviction under Section 5(i) of RA 9262, the prosecutor must prove that the offender willfully refused to give or consciously denied the woman financial support that is legally due to her, and the offender denied the woman the financial support for the purpose of causing the woman and/or her child mental or emotional anguish. The intent to cause anguish is a crucial element.

This case underscores the importance of proving intent in cases involving economic abuse under RA 9262. While the law aims to protect women and children from violence, it also recognizes that not every failure to provide financial support constitutes a criminal act. The prosecution must demonstrate a deliberate and malicious intent to control or inflict emotional distress on the victims.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: XXX256611 vs. People, G.R. No. 256611, October 12, 2022