Mere failure or inability to provide financial support is not sufficient to rise to the level of criminality under Section 5(i), even if mental and emotional anguish is experienced by the woman. – “XXX. Io other words, to be punishable by Section 5(i) of R.A. 9262, it must ultimately be proven that the accused had the intent of inflicting mental or emotional anguish upon the woman, thereby inflicting psychological violence upon her, with the willful denial of financial support being the means selected by the accused to accomplish said purpose.
This means that the mere failure or one’s inability to provide financial support is not sufficient to rise to the level of criminality under Section 5(i), even if mental or emotional anguish was is experienced by the woman. In other words, even if the woman were to suffer mental or emotional anguish due to the lack of financial support, but the accused merely failed or was unable to so provide support, then criminal liability would not arise. A contrary interpretation to the foregoing would result in absurd, if not outright unconstitutional, consequences.
To be sure, under the Family Code, the obligation to provide financial support is imposed mutually upon the spouses. In other words, bath the husband and the wife have the obligation to support mutually upon the spouses. The failure of the wife to financially support the husband only results in civil liability, whereas if it is the husband who fails to provide financial support to the wife, this will result not only in civil liability, but also criminal liability under Section 5(i) of R.A 9262. Surely, this cannot be the case, as the law recognizes no substantial distinction between the husband and the wife as regards their responsibility to provide financial support to each other and the family.”[1]
“It is beyond cavil that the denial of support is an incident of the criminal action under Section 5(i) of republic Act No. 9262. It is the mean by which psychological violence is committed upon women and their children. However, support, while inherently intertwined with the criminal action, is not the civil liability ex delicto contemplated by law. The liability for support is distinct and independent of any criminal prosecution. In fact, it may be filed separately based on Title VII of the Family Code”[2]
[1] Acharon v. People of the Philippines, G.R. No. 224946, November 9, 2021
[2] XXX260504 v. AAA260504, G.R. No. 260504, November 13, 2023