Melgar vs. People of The Philippines (G.R. No. 223477, 14 Feb 2018)

8/4/2020 SUPREME COURT REPORTS ANNOTATED 855

G.R. No. 223477. February 14, 2018.*

CELSO M.F.L. MELGAR, petitioner, vs. PEOPLE OF THE
PHILIPPINES, respondent.
Criminal Law; Anti-Violence Against Women and their

Children Act of 2004; Enacted in 2004, Republic Act (RA) No. 9262
is a landmark legislation that defines and criminalizes acts of
violence against women and their children (VAWC) perpetrated by
women’s intimate partners, i.e., husband, former husband, or any
person who has or had a sexual or dating relationship, or with
whom the woman has a common child, or against her child
whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in, inter alia, economic
abuse.—Enacted in 2004, RA 9262 is a landmark legislation that
defines and criminalizes acts of violence against women and their
children (VAWC) perpetrated by women’s intimate partners, i.e.,
husband, former husband, or any person who has or had a sexual
or dating relationship, or with whom the woman has a com-
_______________
* SECOND DIVISION.

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Melgar vs. People
mon child, or against her child whether legitimate or

illegitimate, within or without the family abode, which result in
or is likely to result in, inter alia, economic abuse. The said law
defines economic abuse as follows: Section 3. Definition of Terms.
— x x x D. “Economic abuse” refers to acts that make or attempt
to make a woman financially dependent which includes, but is not
limited to the following: 1. withdrawal of financial support or
preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code; 2. deprivation or threat
of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in
common; 3. destroying household property; 4. controlling the
victim’s own money or properties or solely controlling the conjugal
money or properties.
Same; Same; Psychological Violence; Section 5(i) of Republic
Act (RA) No. 9262, a form of psychological violence, punishes the
act of “causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited
to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children or denial of access to the
woman’s child/children.”—Section 5(i) of RA 9262, a form of
psychological violence, punishes the act of “causing mental or
emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support or
custody of minor children or denial of access to the woman’s
child/children.” Notably, “[p]sychological violence is an element of
violation of Section 5(i) just like the mental or emotional anguish
caused on the victim. Psychological violence is the means
employed by the perpetrator, while mental or emotional anguish
is the effect caused to or the damage sustained by the offended
party. To establish psychological violence as an element of the
crime, it is necessary to show proof of commission of any of the
acts enumerated in Section 5(i) or similar acts. And to establish
mental or emotional anguish, it is necessary to present the
testimony of the victim as such experiences are personal to this
party.” Thus, in cases of support, it must be first shown that the
accused’s denial thereof — which is, by itself, already a form of
economic abuse — further caused mental or emotional anguish to
the woman-victim and/or to their common child.

524
524 SUPREME COURT REPORTS ANNOTATED

Melgar vs. People
Same; Variance Doctrine; Variance doctrine allows the

conviction of an accused for a crime proved which is different from
but necessarily included in the crime charged.—In this case, while
the prosecution had established that Melgar indeed deprived AAA
and BBB of support, no evidence was presented to show that such
deprivation caused either AAA or BBB any mental or emotional
anguish. Therefore, Melgar cannot be convicted of violation of
Section 5(i) of RA 9262. This notwithstanding — and taking into
consideration the variance doctrine which allows the conviction of
an accused for a crime proved which is different from but
necessarily included in the crime charged — the courts a quo
correctly convicted Melgar of violation of Section 5 (e) of RA 9262
as the deprivation or denial of support, by itself and even without
the additional element of psychological violence, is already
specifically penalized therein.
Same; Anti-Violence Against Women and their Children Act of
2004; Penalties; Section 6 of Republic Act (RA) No. 9262 provides
that violations of Section 5(e) shall be punished by, inter alia,
prisión correccional.—As to the proper penalty to be imposed on
Melgar, Section 6 of RA 9262 provides that violations of Section
5(e) shall be punished by, inter alia, prisión correccional. Notably,
while such crime is punishable by a special penal law, the penalty
provided therein is taken from the technical nomenclature in the
Revised Penal Code (RPC). In Quimvel v. People, 823 SCRA 192
(2017), the Court succinctly discussed the proper treatment of
prescribed penalties found in special penal laws vis-à-vis Act No.
4103, otherwise known as the Indeterminate Sentence Law.
PETITION for review on certiorari of the decision and

resolution the Court of Appeals.
The facts are stated in the opinion of the Court.
Cañete, Cañete Law Firm for petitioner.
Office of the Solicitor General for respondent.

525
VOL. 855, FEBRUARY 14, 2018 525
Melgar vs. People
PERLAS-BERNABE, J.:

Before the Court is a petition for review on certiorari1
assailing the Decision2 dated August 28, 2015 and the
Resolution3 dated February 10, 2016 of the Court of
Appeals (CA) in C.A.-G.R. CEB-CR No. 02211, which
affirmed the Judgment4 dated September 10, 2012 of the
Regional Trial Court of Cebu City, Branch 6 (RTC) in Crim.
Case No. CBU-87386 finding petitioner Celso M.F.L.
Melgar (Melgar) guilty beyond reasonable doubt of
violating Section 5(e) of Republic Act No. (RA) 9262,5
otherwise known as the “Anti-Violence Against Women and
their Children Act of 2004.”

The Facts

An Information was filed before the RTC charging
Melgar with violation Section 5 of RA 9262, the accusatory
portion of which reads:
That on or about the month of August 2001 and

subsequent thereto, in the City of Cebu, Philippines and
within the jurisdiction of this Honorable Court, the said
accused, having the means and capacity to give financial
support, with deliberate intent, did then and there com-
_______________
1 Rollo, pp. 12-43.

2 Id., at pp. 50-61. Penned by Associate Justice Edgardo L. Delos
Santos, with Associate Justices Renato C. Francisco and Edward B.
Contreras, concurring.
3 Id., at pp. 64-65. Penned by Associate Justice Edgardo L. Delos
Santos, with Associate Justices Edward B. Contreras and Germano
Francisco D. Legaspi, concurring.
4 Id., at pp. 88-93. Penned by Presiding Judge Ester M. Veloso.
5 Entitled “AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES,” approved on March 8, 2004.

526
Melgar vs. People
mit acts of economic abuse against one [AAA,]6 and her

minor son, [BBB] (12 years old), by depriving them of
financial support, which caused mental or emotional
anguish, public ridicule or humiliation, to AAA and her son.
CONTRARY TO LAW.7

After arraignment wherein Melgar pleaded not guilty to
the charge against him, he and AAA entered into a
compromise agreement8 on the civil aspect of the case.
After the RTC’s approval of the compromise agreement on
June 24, 2010, the criminal aspect of the case was
provisionally dismissed with Melgar’s conformity. However,
one (1) year later, or on June 24, 2011, the prosecution
moved to set aside the compromise agreement and to revive
the criminal action, on the ground that Melgar sold the
property, which was supposed to, among others, answer for
the support-in-arrears of his son, BBB, from 2001 to 2010
pursuant to their compro-
_______________
6 The identity of the victim or any information which could establish or

compromise her identity, as well as those of her immediate family or
household members, shall be withheld pursuant to RA 7610, entitled “AN
ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES,”

approved on June 17, 1992; RA 9262, entitled “AN ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES
FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES,”
approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC,

otherwise known as the “Rule on Violence against Women and Their
Children” (November 15, 2004). (See footnote 4 in People v. Cadano, Jr.,
729 Phil. 576, 578; 719 SCRA 234, 237-238 [2014], citing People v.
Lomaque, 710 Phil. 338, 342; 697 SCRA 383, 389 [2013]. See also
Amended Administrative Circular No. 83-2015, entitled “PROTOCOLS AND
PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE
WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING

FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES,” dated September 5, 2017)
7 Rollo, pp. 50-51, 88.
8 Dated June 23, 2010. Id., at pp. 85-87.

527
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Melgar vs. People
mise agreement. Consequently, the RTC revived the

criminal aspect of the case and allowed the prosecution to
present its evidence.9
The prosecution alleged that in 1995, AAA had a
romantic relationship with Melgar, which resulted in the
birth of BBB, an illegitimate child. Melgar freely
acknowledged the paternity of BBB as evidenced by the
latter’s Certificate of Live Birth, as well as numerous
photographs showing Melgar with BBB. However, AAA’s
relationship with Melgar turned sour as the latter had an
affair with a younger woman. When BBB was just about
one (1)-year-old, Melgar stopped giving support, prompting
AAA to file a case for support, which was eventually
granted. This notwithstanding, Melgar still refused to give
support for her and BBB. As such, AAA was constrained to
file the instant criminal case against Melgar.10
To substantiate her claims, AAA averred that Melgar
could afford to provide support of P8,000.00 per month
because he has a lavish lifestyle with his family. He owns a
Toyota Avanza and his children are enrolled. On the other
hand, her son, BBB, is a scholar and she spends the
amount of P20,000.00 a month for his needs, of which she
asked Melgar for P8,000.00 as support.11
For his part, Melgar was deemed to have waived his
right to adduce evidence due to his repeated failure to
appear during trial.12

The RTC’s Ruling

In a Judgment13 dated September 10, 2012, the RTC
found Melgar guilty beyond reasonable doubt of violating
Section
_______________
9 Id., at pp. 51-52.

10 Id., at pp. 89-90.
11 Id., at pp. 90-91.
12 Id., at pp. 52, 92.
13 Id., at pp. 88-93.

528

Melgar vs. People
5(e) of RA 9262 and, accordingly, sentenced him to suffer

the penalty of imprisonment for an indeterminate period of
six (6) months of arresto mayor, as minimum, to four (4)
years and two (2) months of prisión correccional, as
maximum.14
The RTC found Melgar to have committed economic
abuse against AAA and their son, BBB, when he stopped
supporting them. Worse, he sold the property which was
supposed to answer for his support-in-arrears from 2001 to
2010.15
Melgar moved for reconsideration,16 which was,
however, denied in an Order17 dated May 9, 2013 of the
RTC. Aggrieved, Melgar appealed18 to the CA.

The CA’s Ruling

In a Decision19 dated August 28, 2015, the CA affirmed
Melgar’s conviction. It held that Melgar is legally obliged to
support BBB.20 As such, when he deliberately and with
evident bad faith deprived BBB of support, he committed
economic abuse under Section 5(e) of RA 9262. In this
regard, the CA observed that the reinstatement of the
criminal case was prompted by Melgar’s evident refusal to
comply with the judgment based on compromise
agreement, particularly, in providing support to his son;
and worse, in conveying to another person the parcel of
land which was supposed to, among others, answer for the
support-in-arrears of his son from 2001 to 2010.21 Lastly,
the CA ruled that Melgar’s acts “has clearly
_______________
14 Id., at p. 93.
15 Id., at pp. 92-93.
16 See motion for reconsideration dated February 4, 2013; id., at pp.
94-98.
17 Id., at pp. 99-101.
18 Not attached to the Rollo.
19 Rollo, pp. 50-61.
20 Id., at p. 60.
21 Id., at pp. 55-60.

529
VOL. 855, FEBRUARY 14, 2018 529

Melgar vs. People
caused mental or emotional anguish, public ridicule or

humiliation to [AAA] and her child[, BBB].”22
Undaunted, Melgar moved for reconsideration,23 which
was, however, denied in a Resolution24 dated February 10,
2016; hence, this petition.

The Issue Before the Court

The issue for the Court’s resolution is whether or not the
CA correctly upheld Melgar’s conviction for violation of
Section 5(e) of RA 9262.

The Court’s Ruling

The petition is bereft of merit.
Enacted in 2004, RA 9262 is a landmark legislation that
defines and criminalizes acts of violence against women
and their children (VAWC) perpetrated by women’s
intimate partners, i.e., husband, former husband, or any
person who has or had a sexual or dating relationship, or
with whom the woman has a common child, or against her
child whether legitimate or illegitimate, within or without
the family abode, which result in or is likely to result in,
inter alia, economic abuse.25 The said law defines economic
abuse as follows:
Section 3. Definition of Terms.—x x x.

x x x x
D. “Economic abuse” refers to acts that make or
attempt to make a woman financially dependent which
includes, but is not limited to the following:
_______________
22 Id., at p. 60.
23 See motion for reconsideration dated October 7, 2015; id., at pp. 66-
78.
24 Id., at pp. 64-65.
25 See Section 3(a) of RA No. 9262. See also Garcia v. Drilon, 712 Phil.
44, 66; 699 SCRA 352, 422-423 (2013).

530

Melgar vs. People
1. withdrawal of financial support or preventing the

victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victim’s own money or properties or
solely controlling the conjugal money or properties.
x x x x

As may be gathered from the foregoing, “economic
abuse” may include the deprivation of support of a common
child of the man-accused and the woman-victim, whether
such common child is legitimate or not.26 This specific act is
penalized by Section 5(e) of RA 9262, pertinent portions of
which read:
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 x
_______________
26 Under the Family Code, parents are obliged to provide for their
children, whether legitimate or illegitimate, support which comprises
everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial
capacity of the family. This obligation to give support is demandable from
the time the person who is entitled thereto needs it, and such obligation
may be enforced through a civil action for this purpose. (See Articles 194,
195 and 203 of the FAMILY CODE)

531
VOL. 855, FEBRUARY 14, 2018 531
Melgar vs. People
(e) Attempting to compel or compelling the woman

or her child to engage in conduct which the
woman or her child has the right to desist from
or to desist from conduct which the woman or
her child has the right to engage in, or
attempting to restrict or restricting the woman’s
or her child’s freedom of movement or conduct
by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or
child. This shall include, but not limited to, the
following acts committed with the purpose or
effect of controlling or restricting the woman’s or
her child’s movement or conduct:

x x x x
(2) Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or
deliberately providing the woman’s
children insufficient financial support;
(3) Depriving or threatening to deprive the
woman or her child of a legal right.

x x x x

Under this provision, the deprivation or denial of
financial support to the child is considered an act of
violence against women and children.27 Notably, case law
instructs that the act of denying support to a child is a
continuing offense.28
In this case, the courts a quo correctly found that all the
elements of violation of Section 5(e) of RA 9262 are present,
_______________
27 Del Socorro v. Van Wilsen, 749 Phil. 823, 839; 744 SCRA 516, 532
(2014).
28 Id., at p. 840; pp. 532-533.

532
Melgar vs. People
as it was established that: (a) Melgar and AAA had a

romantic relationship, resulting in BBB’s birth; (b) Melgar
freely acknowledged his paternity over BBB; (c) Melgar had
failed to provide BBB support ever since the latter was just
a year old; and (d) his intent of not supporting BBB was
made more apparent when he sold to a third party his
property which was supposed to answer for, among others,
his support-in-arrears to BBB. Thus, the Court finds no
reason to deviate from the factual findings of the trial
court, as affirmed by the CA, as there is no indication that
it overlooked, misunderstood or misapplied the
surrounding facts and circumstances of the case. In fact,
the trial court was in the best position to assess and
determine the credibility of the witnesses presented by
both parties and, hence, due deference should be accorded
to the same.29
In an attempt to absolve himself from criminal liability,
Melgar argues, inter alia, that he was charged of violation
of Section 5(i) of RA 9262 as the Information alleged that
the acts complained of “caused mental or emotional
anguish, public ridicule or humiliation to [AAA] and her
son[, BBB].” As such, he contends that he cannot be
convicted of violation of Section 5(e) of RA 9262.30
Melgar’s contention is untenable.
Section 5(i) of RA 9262, a form of psychological
violence,31 punishes the act of “causing mental or
emotional an-
_______________
29 See Peralta v. People, G.R. No. 221991, August 30, 2017, 838 SCRA
350, citing People v. Matibag, 757 Phil. 286, 293; 754 SCRA 529, 536-537
(2015).
30 See Rollo, pp. 21-34.
31 Under Section 3(a)(C) of RA 9262, “‘[p]sychological 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 marital infidelity. It includes causing or
allowing the victim to witness the physical, sexual or

533
VOL. 855, FEBRUARY 14, 2018 533

Melgar vs. People
guish, public ridicule or humiliation to the woman or

her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or
custody of minor children or denial of access to the woman’s
child/children.” Notably, “[p]sychological violence is an
element of violation of Section 5(i) just like the mental or
emotional anguish caused on the victim. Psychological
violence is the means employed by the perpetrator, while
mental or emotional anguish is the effect caused to or the
damage sustained by the offended party. To establish
psychological violence as an element of the crime, it is
necessary to show proof of commission of any of the acts
enumerated in Section 5(i) or similar acts. And to establish
mental or emotional anguish, it is necessary to present the
testimony of the victim as such experiences are personal to
this party.”32 Thus, in cases of support, it must be first
shown that the accused’s denial thereof — which is, by
itself, already a form of economic abuse — further caused
mental or emotional anguish to the woman-victim and/or to
their common child.
In this case, while the prosecution had established that
Melgar indeed deprived AAA and BBB of support, no
evidence was presented to show that such deprivation
caused either AAA or BBB any mental or emotional
anguish. Therefore, Melgar cannot be convicted of violation
of Section 5(i) of RA 9262. This notwithstanding — and
taking into consideration the variance doctrine which
allows the conviction of an accused for a crime proved
which is different from but necessar-
_______________
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.”
32 Dinamling v. People, 761 Phil. 356, 376; 760 SCRA 27, 49 (2015).

534

Melgar vs. People
ily included in the crime charged33 — the courts a quo

correctly convicted Melgar of violation of Section 5(e) of RA
9262 as the deprivation or denial of support, by itself and
even without the additional element of psychological
violence, is already specifically penalized therein.
As to the proper penalty to be imposed on Melgar,
Section 6 of RA 9262 provides that violations of Section 5(e)
shall be punished by, inter alia, prisión correccional.
Notably, while such crime is punishable by a special penal
law, the penalty provided therein is taken from the
technical nomenclature in the Revised Penal Code (RPC).
In Quimvel v. People,34 the Court succinctly discussed the
proper treatment of prescribed penalties found in special
penal laws vis-à-vis Act No. 4103,35 otherwise known as the
Indeterminate Sentence Law, viz.:
_______________
33 See People v. Caoili, G.R. Nos. 196342 and 196848, August 8, 2017,
835 SCRA 107. See also Sections 4 and 5 of Rule 120 of the 2000 Revised
Rules of Criminal Procedure, which read:
Section 4. Judgment in case of variance between allegation and
proof.—When there is variance between the offense charged in the
complaint or information and that proved, and the offense as charged is
included in or necessarily includes the offense proved, the accused shall be
convicted of the offense proved which is included in the offense charged, or
of the offense charged which is included in the offense proved.
Section 5. When an offense includes or is included in another.
—An offense charged necessarily includes the offense proved when some
of the essential elements or ingredients of the former, as alleged in the
complaint or information, constitute the latter. And an offense charged is
necessarily included in the offense proved, when the essential ingredients
of the former constitute or form part of those constituting the latter.
34 See G.R. No. 214497, April 18, 2017, 823 SCRA 192.
35 Entitled “AN ACT TO PROVIDE AN INDETERMINATE SENTENCE AND PAROLE
FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE
PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO
PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES,” approved on December

5, 1933.

535
VOL. 855, FEBRUARY 14, 2018 535

Melgar vs. People
Meanwhile, Sec. 1 of Act No. 4103, otherwise known as

the Indeterminate Sentence Law (ISL), provides that if the
offense is ostensibly punished under a special law, the
minimum and maximum prison term of the indeterminate
sentence shall not be beyond what the special law
prescribed. Be that as it may, the Court had clarified in the
landmark ruling of People v. Simon [(G.R. No. 93028, July
29, 1994, 239 SCRA 555)] that the situation is different
where although the offense is defined in a special law, the
penalty therefor is taken from the technical nomenclature
in the RPC. Under such circumstance, the legal effects
under the system of penalties native to the Code would also
necessarily apply to the special law.36

Otherwise stated, if the special penal law adopts the
nomenclature of the penalties under the RPC, the
ascertainment of the indeterminate sentence will be based
on the rules applied for those crimes punishable under the
RPC.37
Applying the foregoing to this case, the courts a quo
correctly imposed on Melgar the penalty of imprisonment
for an indeterminate period of six (6) months of arresto
mayor, as minimum, to four (4) years and two (2) months of
prisión correccional, as maximum. In addition, Melgar is
also ordered to pay a fine in the amount of P300,000.00, to
undergo a mandatory psychological counselling or
psychiatric treatment, and report compliance to the court.38
_______________
36 See Quimvel v. People, supra note 34.

37 See Peralta v. People, supra note 29, citing Mabunot v. People, G.R.
No. 204659, September 19, 2016, 803 SCRA 349, 364.
38 Pertinent portions of Section 6 of RA No. 9262 read:
Section 6. Penalties.—The crime of violence against women and
their children, under Section 5 hereof shall be punished according to the
following rules:
x x x x
In addition to imprisonment, the perpetrator shall (a) pay a fine
in the amount of not less than One hundred thousand pesos

536

Melgar vs. People
WHEREFORE, the petition is DENIED. Accordingly,

the Decision dated August 28, 2015 and the Resolution
dated February 10, 2016 of the Court of Appeals in C.A.-
G.R. CEB-C.R. No. 02211 finding petitioner Celso M.F.L.
Melgar GUILTY beyond reasonable doubt of violating
Section 5(e) of Republic Act No. 9262, otherwise known as
the “Anti-Violence Against Women and Their Children Act
of 2004,” are hereby AFFIRMED with MODIFICATION,
sentencing petitioner Celso M.F.L. Melgar: (a) to suffer the
penalty of imprisonment for an indeterminate period of six
(6) months of arresto mayor, as minimum, to four (4) years
and two (2) months of prisión correccional, as maximum;
(b) to pay a fine in the amount of P300,000.00; and (c) to
undergo a mandatory psychological counselling or
psychiatric treatment and report compliance to the
Regional Trial Court of Cebu City, Branch 6.
SO ORDERED.
Carpio (Chairperson), Peralta and Reyes, Jr., JJ.,

concur.
Caguioa, J., On Official Business.
Petition denied, judgment and resolution affirmed with

modification.
Notes.—It is fundamental that a person is to be tried

and found guilty only of the offense charged in the
information, or of the offense proved that is necessarily
included in the offense charged, conformably with Section
4, Rule 120 of the Rules of Court. (People vs. Reyes, 806
SCRA 513 [2016])
To determine whether the temporary protection order
should be made permanent and a complete, substantive
relief
_______________
(P100,000.00) but not more than Three hundred thousand pesos

(P300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.

537
VOL. 855, FEBRUARY 14, 2018 537

Melgar vs. People
extended to the alleged victim, Section 15 of the Anti-

Violence Against Women and Their Children Act of 2004
(Anti-VAWC Law) mandates the conduct of hearing within
the thirty (30)-day effectivity of the temporary protection
order. (Pavlow vs. Mendenilla, 823 SCRA 499 [2017])

——o0o——
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8/4/2020 SUPREME COURT REPORTS ANNOTATED 855

G.R. No. 223477. February 14, 2018.*

Criminal Law; Anti-Violence Against Women and their

VOL. 855, FEBRUARY 14, 2018 523

mon child, or against her child whether legitimate or

524 SUPREME COURT REPORTS ANNOTATED

Same; Variance Doctrine; Variance doctrine allows the

PETITION for review on certiorari of the decision and

VOL. 855, FEBRUARY 14, 2018 525

Melgar vs. People

That on or about the month of August 2001 and

1 Rollo, pp. 12-43.

526 SUPREME COURT REPORTS ANNOTATED

Melgar vs. People

mit acts of economic abuse against one [AAA,]6 and her

6 The identity of the victim or any information which could establish or

CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES,”

approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC,

PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE

WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING

VOL. 855, FEBRUARY 14, 2018 527

mise agreement. Consequently, the RTC revived the

9 Id., at pp. 51-52.

528 SUPREME COURT REPORTS ANNOTATED

5(e) of RA 9262 and, accordingly, sentenced him to suffer

VOL. 855, FEBRUARY 14, 2018 529

caused mental or emotional anguish, public ridicule or

Section 3. Definition of Terms.—x x x.

530 SUPREME COURT REPORTS ANNOTATED

1. withdrawal of financial support or preventing the

Section 5. Acts of Violence Against Women and Their

VOL. 855, FEBRUARY 14, 2018 531

Melgar vs. People

(e) Attempting to compel or compelling the woman

532 SUPREME COURT REPORTS ANNOTATED

Melgar vs. People

as it was established that: (a) Melgar and AAA had a

VOL. 855, FEBRUARY 14, 2018 533

guish, public ridicule or humiliation to the woman or

psychological abuse of a member of the family to which the victim belongs,

534 SUPREME COURT REPORTS ANNOTATED

ily included in the crime charged33 — the courts a quo

PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO

PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES,” approved on December

VOL. 855, FEBRUARY 14, 2018 535

Meanwhile, Sec. 1 of Act No. 4103, otherwise known as

36 See Quimvel v. People, supra note 34.

536 SUPREME COURT REPORTS ANNOTATED

WHEREFORE, the petition is DENIED. Accordingly,

Carpio (Chairperson), Peralta and Reyes, Jr., JJ.,

Petition denied, judgment and resolution affirmed with

Notes.—It is fundamental that a person is to be tried

(P100,000.00) but not more than Three hundred thousand pesos

VOL. 855, FEBRUARY 14, 2018 537

extended to the alleged victim, Section 15 of the Anti-

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