Financial support
Dear Atty. Nico,
I would like to ask for your legal opinion.
I’m a single mother of one boy. The father of my son and I used to date and eventually lived together. However, I decided to leave him when I found out that he had three other children with another woman.
At some point due to financial constraints, I reluctantly sought his assistance. Although there were times when he was able to provide financial support, the same was not enough to sustain our needs.
Do I have basis to file a criminal action (Section 5(i), RA 9262) against him for causing me “emotional and mental anguish or suffering” by reason of his continuous negligence as a father to our son?
Marlene
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Dear Marlene,
According to a Supreme Court ruling, the same cannot be enough ground to file such criminal case against him.
In the case of XXX273288 v People of the Philippines (G.R. No. 273288), it was held that to be liable under Section 5(i) via denial of financial support:
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 RA 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 RA 9262.
Meanwhile, under the Family Code, only legally married spouses are obliged to support each other. This statutory obligation does not extend to live-in or common-law partners. As expressly provided under Article 195, the obligation to give support is limited to spouses and specified blood relatives.
In the facts abovementioned, it can be alleged that you and the father of your son were never married. Hence, no legal obligation exists between the two of you to provide mutual support under the Family Code. As such, his failure to provide financial support to you alone cannot give rise to psychological violence within the contemplation of the law. Furthermore, the acknowledgement of his financial support, albeit insufficient, negates the notion of “willful denial.”