Psychological violence is an intentional conduct

Dear PAO,

My former girlfriend, with whom I have a minor child, filed a complaint against me for violation of Section 5(i) of Republic Act (RA) 9262, citing my failure to provide additional funds for our child's tuition. She claims this has caused her mental anguish. Our problem started after she decided to transfer our child to an expensive school, a move I opposed due to the high tuition that I could not afford. Despite this, I still contribute to our child's tuition on top of the regular monthly allowance, though my contributions are insufficient given my limited income. Is my mere failure to provide additional support punishable under the said law?

Ronald

Dear Ronald,

Before the Supreme Court promulgated its decision in Acharon vs. People (GR 224946, Nov. 9, 2021), through Associate Justice Alfredo Benjamin S. Caguioa, mere proof of mental or emotional anguish suffered by the woman and/or her child or children as a result of the acts of the accused constituted a violation of RA 9262. However, in the case of Acharon, the Supreme Court introduced the concept of criminal intent. This means that to convict the accused under Section 5(i) of RA 9262, it must be shown that the denial (and not mere failure or inability) to provide financial support was purposely intended to cause the woman or child mental or emotional anguish.

This concept was reiterated in the latest decision in the case of XXX v. People, GR 256759, Nov. 13, 2023, penned by Associate Justice Antonio T. Kho, Jr., viz.:

«Verily, psychological violence is defined as any intentional conduct that seriously impairs another person's psychological integrity through coercion or threats. It includes a range of behaviors that encompass acts of emotional abuse and controlling behavior. These often coexist with physical and sexual violence by intimate partners and are acts of violence in themselves. It is thus an indispensable element of violation of Section 5(i) of RA 9262.

»In Acharon v. People, the Court En Banc, through Associate Justice Alfredo Benjamin S. Caguioa, expounded that the crime contemplated under Section 5(i) of RA 9262 is mala in se, despite it being a special penal law x x x

«It is