In Celso M.F.L. Melgar v. People of the Philippines, the Supreme Court affirmed that the deprivation of financial support to a child constitutes economic abuse under Republic Act No. 9262 (RA 9262), the “Anti-Violence Against Women and Their Children Act of 2004.” The Court emphasized that the denial of support is a continuing offense, highlighting the state’s commitment to protecting women and children from economic violence. Melgar’s deliberate failure to provide for his child, coupled with his actions to evade his support obligations, underscored the severity of his offense. This decision reinforces the legal duty of parents to financially support their children and underscores the repercussions of failing to do so, particularly within the context of domestic relations. It serves as a potent reminder that economic abuse is a form of violence punishable under the law.

Neglecting Support, Facing Justice: How RA 9262 Protects Children from Economic Abuse

The case revolves around Celso M.F.L. Melgar, who was charged with violating Section 5(e) of RA 9262 for depriving his son, BBB, of financial support. The prosecution argued that Melgar, despite having the means, intentionally failed to provide support, causing emotional and mental anguish to both BBB and his mother, AAA. The Regional Trial Court (RTC) found Melgar guilty, a decision later affirmed by the Court of Appeals (CA). Melgar then elevated the case to the Supreme Court, questioning the validity of his conviction. This case provides a crucial interpretation of RA 9262, specifically addressing economic abuse within the context of parental responsibility.

Enacted in 2004, RA 9262 is designed to protect women and children from violence, including economic abuse. The law defines economic abuse as acts that make or attempt to make a woman financially dependent, including the withdrawal of financial support. Section 5(e) of RA 9262 specifically penalizes the act of depriving a woman or her children of financial support legally due to them.

Section 3. Definition of Terms. – x x x.

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;

The Supreme Court emphasized that the deprivation of support to a common child, whether legitimate or not, falls under the definition of economic abuse. This obligation is rooted in the Family Code, which mandates parents to provide for their children’s sustenance, dwelling, clothing, medical attendance, education, and transportation, in accordance with the family’s financial capacity. The Court also noted that denying support to a child is a continuing offense, meaning the accused can be prosecuted repeatedly for the duration of the neglect.

In this particular case, the Court highlighted several key facts that supported Melgar’s conviction. First, Melgar and AAA had a romantic relationship that resulted in the birth of BBB. Second, Melgar acknowledged his paternity of BBB. Third, Melgar failed to provide support for BBB since he was a year old. Finally, he sold property intended to cover his support arrears. These circumstances led the Court to conclude that Melgar had indeed violated Section 5(e) of RA 9262, affirming the lower courts’ findings.

Melgar attempted to argue that he was wrongly charged under Section 5(i) of RA 9262, which pertains to acts causing mental or emotional anguish. He contended that since the information alleged that his actions caused mental anguish to AAA and BBB, he should not have been convicted under Section 5(e). The Court clarified the distinction between Section 5(e) and Section 5(i). Section 5(i) focuses on psychological violence, which includes causing mental or emotional anguish through acts like repeated verbal abuse or denial of financial support. The Court explained that psychological violence is the means, while mental or emotional anguish is the effect on the victim.

[P]sychological violence is an element of violation of Section 5 (i) just like the mental or emotional anguish caused on the victim. Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. To establish psychological violence as an element of the crime, it is necessary to show proof of commission of any of the acts enumerated in Section 5 (i) or similar acts. And to establish mental or emotional anguish, it is necessary to present the testimony of the victim as such experiences are personal to this party.

The Court noted that while the prosecution had established that Melgar deprived AAA and BBB of support, it failed to prove that such deprivation caused them mental or emotional anguish. Therefore, a conviction under Section 5(i) was not appropriate. However, applying the variance doctrine, the Court upheld Melgar’s conviction under Section 5(e), as the deprivation of support is specifically penalized under that provision, even without the element of psychological violence. This is because the crime punished by 5(e) is necessarily included in the crime punished by 5(i).

Regarding the appropriate penalty, the Court referred to Section 6 of RA 9262, which prescribes penalties including prision correccional for violations of Section 5(e). The Court also cited Quimvel v. People, clarifying that when a special penal law adopts penalties from the Revised Penal Code (RPC), the rules for indeterminate sentences under Act No. 4103 apply. Thus, the Court affirmed the RTC’s imposition of an indeterminate sentence of six months of arresto mayor to four years and two months of prision correccional. Additionally, Melgar was ordered to pay a fine of P300,000.00 and undergo mandatory psychological counseling.

This case underscores the importance of parental responsibility and the legal consequences of neglecting financial support. By affirming Melgar’s conviction, the Supreme Court reinforced the state’s commitment to protecting women and children from economic abuse. The decision clarifies the elements of Section 5(e) of RA 9262 and its relationship to Section 5(i), providing guidance for future cases involving similar circumstances.

FAQs

What is economic abuse under RA 9262?	Economic abuse includes acts that make a woman financially dependent, such as withdrawing financial support or preventing her from engaging in legitimate economic activities. It also covers deprivation of financial resources and controlling the victim’s money or properties.
What is the significance of Section 5(e) of RA 9262?	Section 5(e) of RA 9262 penalizes the act of depriving a woman or her children of financial support legally due to them. This provision specifically addresses economic violence against women and children within domestic relationships.
Is denial of support to a child a continuing offense?	Yes, the Supreme Court has clarified that the act of denying support to a child is considered a continuing offense. This means that the accused can be prosecuted repeatedly for the duration of the neglect.
What is the difference between Section 5(e) and Section 5(i) of RA 9262?	Section 5(e) focuses on the deprivation of financial support, while Section 5(i) addresses psychological violence, which includes causing mental or emotional anguish. While denial of support can be a factor in psychological violence, Section 5(e) does not require proof of such anguish.
What evidence is needed to prove a violation of Section 5(e) of RA 9262?	To prove a violation of Section 5(e), it must be established that the accused had a relationship with the woman and/or child, that the accused had a legal obligation to provide support, and that the accused intentionally deprived the woman or child of that support.
What penalties can be imposed for violating Section 5(e) of RA 9262?	Violations of Section 5(e) can result in imprisonment, a fine ranging from P100,000 to P300,000, and mandatory psychological counseling or psychiatric treatment.
What is the variance doctrine, and how did it apply in this case?	The variance doctrine allows a court to convict an accused of a crime proved that is different from, but necessarily included in, the crime charged. In this case, the Court used the variance doctrine to convict Melgar under Section 5(e) even though he was initially charged under Section 5(i).
What is the Indeterminate Sentence Law, and how does it affect penalties under RA 9262?	The Indeterminate Sentence Law requires courts to impose a minimum and maximum term of imprisonment. When RA 9262 adopts penalties from the Revised Penal Code, the rules for indeterminate sentences apply, allowing for a range of imprisonment terms.

In conclusion, the Supreme Court’s decision in Melgar v. People serves as a critical reminder of the legal and moral obligations parents have towards their children. Economic abuse, as defined and penalized under RA 9262, is a serious offense that undermines the well-being of women and children. The Court’s affirmation of Melgar’s conviction underscores the importance of upholding these obligations and ensuring that perpetrators are held accountable for their actions.

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: CELSO M.F.L. MELGAR, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT., G.R. No. 223477, February 14, 2018