Dear PAO,
My sister and 10-year-old twin nephews have been suffering emotionally because of the incessant refusal of my brother-in-law, my sister’s estranged husband, to provide support, even if he has more than enough means to provide for them. I want to help them by filing a complaint for psychological violence under Section 5(i) of Republic Act 9262. Can I do that? My sister is not sure if she can testify regarding their ordeal.
Gloria
Dear Gloria,
Republic Act (RA) 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004, was enacted to ensure the protection of women and their children from different forms of abuse. While the recognized victims under this law are the abused women and children, any person having personal knowledge of the commission of the crime may initiate the filing of the complaint, as RA 9262 is a public crime. To be certain, Section 25 thereof expressly provides:
“SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.”
Corollary, you may initiate the filing of the criminal complaint against your brother-in-law so long as you have personal knowledge of the circumstances involving the emotional and psychological abuses he has committed or is committing towards your sister and nephews.
Nevertheless, it bears stressing that the testimony of your sister and nephews is very essential for the case to be successfully prosecuted in court.
They must be able to clearly and convincingly describe and demonstrate their personal experiences, particularly their sufferings, pains, and distress, to prove their spouse’s commission of the crime. This is because one of the vital elements of Section 5(i) of RA 9262 is the anguish caused to the victims by reason of the offender’s denial of financial support, among others. As clearly explained by the Supreme Court, through Associate Justice Ramon Paul Hernando, in the case of XXX v. People (GR 250219, March 1, 2023):
“The elements of a violation of Sec. 5(i) of RA 9262 are as follows:
“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 causes on the woman and/or child mental or emotional anguish; and,
“4. The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar acts or omissions.
“x x x
“It is crucial that the essential elements of psychological abuse under RA 9262 be identified to categorically determine the jurisdiction and authority of the court over a criminal case, as well as determine whether liability for the crime can be ascribed to the accused. In Dinamling v. People, this Court enumerated the elements of psychological violence under Sec. 5(i) of RA 9262, as follows:
“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 x]
“(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman’s child/children. x x x
“Psychological 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 such 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.” (Underlining supplied).
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].
