Dear PAO,
My best friend wants to file a complaint for emotional and psychological abuse against the illegitimate father of her child because of the latter’s failure to provide adequate support. Her son has special needs and requires weekly therapy sessions. My best friend’s meager income simply cannot meet all their needs, especially for the child’s therapy. She already told the child’s father about it, but he still has not given enough for their son’s needs. No matter how many times she has explained and even begged him, he still refuses to provide adequate support, causing my friend so much stress and depression. Someone told my friend to file a complaint for psychological abuse. Can my friend pursue such legal action?
Perla

Dear Perla,
Psychological violence is one of the categories of abuses that is punishable under Republic Act (RA) 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. As defined thereunder:

“‘Psychological violence’ refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.” (Section 3C, id)
Insofar as denial, refusal, or withdrawal of support, a person who is obliged to provide financial support may be held criminally liable for violation under RA 9262 if such omission is clearly and patently intended to cause mental or emotional anguish to the woman victim and her child, in consonance with Section 5(i) of RA 9262, which states:

“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
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, x x x denial of financial support x x x”

In the situation of your friend, we submit that it is essential for her to prove not only the lack or insufficiency of support from the illegitimate father of her child, but also that his denial or refusal to provide financial support for their child is evidently aimed to cause her mental or emotional anguish, in order for her to properly and successfully pursue a complaint for psychological abuse under Section 5 (i) of RA 9262. If your friend can prove the lack or insufficiency of support but will not be able to clearly establish that the failure of the illegitimate father to provide support is intended to cause her mental or emotional anguish, then filing a complaint for psychological abuse under RA 9262 will not prosper. As clarified by our Supreme Court, through Associate Justice Alfredo Benjamin Caguioa:
“In this connection, the Court deems it proper to clarify, as Associate Justices Amy C. Lazaro-Javier and Mario V. Lopez pointed out in their respective Opinions that the crimes penalized under Sections 5(i) and 5(e) of R.A. 9262 are mala in se, not mala prohibita, even though R.A. 9262 is a special penal law. The acts punished therein are inherently wrong or depraved, and the language used under the said penal law requires a mental element. Being a crime mala in se, there must thus be a concurrence of both actus reus and mens rea to constitute the crime. ‘Actus reus pertains to the external or overt acts or omissions included in a crime’s definition while mens rea refers to the accused’s guilty state of mind or criminal intent accompanying the actus reus.’

“It is not enough, therefore, for the woman to experience mental or emotional anguish, or for her partner to deny financial support that is legally due her. In order for criminal liability to arise under Section 5(i) of R.A. 9262, insofar as it deals with ‘denial of financial support,’ there must, therefore, be evidence on record that the accused willfully or consciously withheld financial support legally due the woman for the purpose of inflicting mental or emotional anguish upon her. In other words, the actus reus of the offense under Section 5(i) is the willful denial of financial support, while the mens rea is the intention to inflict mental or emotional anguish upon the woman. Both must thus exist and be proven in court before a person may be convicted of violating Section 5(i) of R.A. 9262.” (Christian Pantonial Acharon v. People of the Philippines, GR 224946, Nov. 9, 2021)

Notwithstanding, if your friend is unable to prove the intent of the child’s father to cause her mental or emotional anguish but she can establish the needs of her child, the capacity and/or income of the child’s father, the lack of financial support of the latter to the former, she may consider pursuing a civil action for support.

We hope that we are 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.
Thank you for your continued trust and support.

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].