Psychological abuse penalized under Republic Act 9262

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