The Supreme Court has issued a warning to abusive, drunkard and philandering husbands that they could face 8-year imprisonment and a fine of at least P100,000.
The warning came after it released a decision that affirmed the conviction of a husband by the trial court and the Court of Appeals (CA) for violation of the Anti-Violence Against Women and Their Children Act under Republic Act No. 9262.
The names of the wife and children were not stated in the decision to protect their privacy.
Associate Justice Edgardo L. Delos Santos wrote that apart from the jail term, the husband was also ordered to undergo psychological counselling or psychiatric treatment.
His petition or motion was also denied by the high court.
The decision revealed that the wife said that her husband was a drunkard in their 23 years of marriage.
After a huge fight in 2010, the husband evicted his wife and their other children from their house. Some of the children returned to the house to force the husband in sustaining their needs.
The children told their mother that their father was always drunk and even brought another woman at home.
“The Court ruled that ‘a judicious study of the case reveals that all the elements of the crime charged were duly established,” the SC said.
“The offended party is a woman and/or her child or children; the woman is either the wife or former wife of the offender, or is a woman a woman with whom such offender has a common child, and for the woman’s child or children, they may be legitimate or illegitimate, or living within or without the family abode,”RA 9262 Section 5 stated.
“The offender causes on the woman and/or child mental or emotional anguish; and the anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar such acts or omissions,” it added.
“WHEREFORE, premises considered, the Petition for Review on Certiorari is DENIED. The Decision dated March 19, 2018 of the Court of Appeals in CA-G.R. CR No. 39690 are hereby AFFIRMED with MODIFICATION: (1) Petitioner XXX is found GUILTY beyond reasonable doubt of violation of Section S(i) of Republic Act No. 9262 and is hereby sentenced to suffer an indeterminate penalty of six (6) months and one (1) day of prision correccional as minimum, to eight (8) years and one (1) day of prision mayor as maximum. (2) Petitioner is ORDERED to PAY a fine in the amount of Pl00,000.00; and (3) Petitioner is DIRECTED to UNDERGO mandatory psychological counseling or psychiatric treatment and to report his compliance therewith to the court of origin within 15 days after the completion of such counseling or treatment. SO ORDERED,” the Supreme Court decision stated.
