10.

Esteban Donato Reyes v People of the union, only 3 are living and who are all now of
Philippines legal ages.
G.R. No. 232678 July 3, 2019
PERALTA, J. 7. Reyes used to render military service as
Philippine Air Force pilot and later worked as a
Case: commercial pilot for the Philippine Airlines.
This is a petition for review on certiorari filed by
Reyes seeking to reverse CA decision finding him 8. At the time the complaint was filed, he was
guilty beyond reasonable doubt of the crime of employed as a pilot based in Angola, Africa tasked
violation of Section 5(i) of RA 9262, Anti-Violence to deliver relief goods and in 2005, AAA learned
against Women and Their Children Act of 2004 that Reyes got married to a certain Ramboanga
(VAWC), committed against AAA. who had borne him 4 children and with whom he
is living with up to the present.
Facts:
1. June 2009, Reyes filed a Motion to Quash the 9. AAA claimed that Reyes used to give her and
Information on the ground that the allegations set their children monthly financial support ranging
forth do not constitute the crime of violation of from 10,000Php-20,000Php, but he suddenly
Section 5(e), par. 2 of RA 9262. ceased giving in July 2005.

2. He contended that “abandoning without 10. On top of this, AAA got sick requiring her to
financial support” which is different from take maintenance medicines and treatment to
“deprivation or denial of financial support”, is prevent organ damage.
not criminalized under RA 9262, thus the
information should be quashed otherwise, his 11. AAA was impelled to file the complaint against
constitutional right to due process and right to Reyes due to his failure to provide monthly
be informed of the nature and cause of the financial support.
accusation against him would be infringed.
12. Reyes assailed the validity of his marriage with
3. In its Order, RTC ruled that Reyes is being AAA alleging that he never attended nor signed
charged with violation of Section 5(i) and not with the certificate and he only lived with AAA in a
5(e) par. 2 on the basis of the allegations of the common-law relationship which produced three
Information and directed the Office of the City daughters and a son.
Prosecutor to amend the Information.
13. Reyes claimed that he indeed gave AAA
4. RTC held that the amendment of the monthly financial support of 20,000Php, gave
Information was proper since Reyes has not been Christmas bonuses, shouldered her expenses for
arraigned at that time and it would not prejudice cataract operation as well as paid for the
his rights, thus his Motion to Quash was denied. matriculation of her grandchildren.

5. Upon arraignment, Reyes pleaded not guilty to 14. He admitted that he stopped providing
the crime of violation of Section (i). financial support since 2006 because he was
disappointed with her for institution a criminal
6. Evidence would show that AAA and Reyes were case for bigamy against him which he considered
married and 4 children were born out of this as an act of ingratitude.
15. In 2007, he stopped flying as a pilot after he then and there abandoning her without any
was prevented from leaving by virtue of a Hold financial support thereby depriving her of her
Departure Order at the instance of AAA. basic needs and inflicting upon her psychological
and emotional suffering and/or injuries, to the
damage and prejudice of the said offended party.
RTC: CONTRARY TO LAW.
Reyes guilty of violation of Section 5(i) of Ra 9262
In the context of Section 6, Rule 110, the
CA: Court finds that the afore-quoted Information
Affirmed RTC contains the recital of facts necessary to
constitute the crime charged. The June 5, 2006
Issue: Information stated in no uncertain terms that: (1)
Whether or not the Information is defective the offended party, AAA, is the wife of the
offender Reyes; (2) AAA sustained mental and
SC Ruling: No emotional anguish; and (3) such anguish is
Under Section 6, Rule 110 of the Rules of inflicted by offender Reyes when he deliberately
Court, the complaint or information is sufficient and unlawfully denied AAA with financial support.
if it states the names of the accused, the
designation of the offense given by the statute; Psychological violence is certainly an
the acts or omission complained of as indispensable element of violation of Section 5 (i)
constituting the offense, the name of the of R.A. No. 9262. Equally essential is the element
offended party; the approximate date of the of the mental or emotional anguish which is
commission of the offense; and the place where personal to the complainant. Psychological
the offense was committed. It is imperative that violence is the means employed by the
an indictment fully states the elements of the perpetrator, while mental or emotional suffering
specific offense alleged to have been committed. is the effect caused to or the damage sustained by
the offended party.
Every element constituting the offense
must be alleged in the Information since the To establish psychological violence, it is
prosecution has the duty to prove each and every necessary to adduce proof of the commission of
element of the crime charged to warrant a finding any of the acts enumerated in Section 5 (i) or
of guilt, thus the Information must correctly similar of such acts. We concur with the similar
reflect the charge against the accused before any findings of the courts a quo that the prosecution
conviction may be made. had duly proved, through the clear and
convincing testimonies of AAA and her daughter,
Were the elements of violation of Section that Reyes committed psychological violence
5 (i) sufficiently alleged in the June 5, 2006
against AAA when he deprived her of financial
Information? To answer this, the accusatory
portion of the Information is reproduced, as support beginning July 2005 and onwards which
follows: caused her to experience mental and emotional
suffering to the point that even her health
That on or about the month of July, 2005 condition was adversely affected.
and continuously up to the present, in Quezon
City, Philippines, the said accused, did then and
there, willfully, unlawfully and feloniously
commit economic abuse upon his wife, AAA, by