2018 Criminal Law, Q16

For the past five years, Ruben and Rorie had been living together as husband and wife without the benefit of marriage. Initially, they had a happy relationship which was blessed with a daughter, Rona, who was born on March 1, 2014. However, the partners’ relationship became sour when Ruben began indulging in vices, such as women and alcohol, causing frequent arguments between them. Their relationship got worse when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a tipsy Ruben barged into their house and, for no reason, repeatedly punched Rorie in the stomach. To avoid further harm, Rorie ran out of the house. But Ruben pursued her and stripped her naked in full view of their neighbors; and then he vanished.
Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie expressed her wish to live separately from Ruben and asked him to continue providing financial support for their daughter Rona. At that time, Ruben was earning enough to support a family. He threatened to withdraw the support he was giving to Rona unless Rorie would agree to live with him again. But Rorie was steadfast in refusing to live with Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could not reach an agreement, no further support was given by Ruben.
What crimes did Ruben commit:
(a) For beating and humiliating Rorie? (2.5%)
(b) For withdrawing support for Rona? (2.5%)

Quick check

What offense is committed under RA 9262 by repeatedly punching a former cohabitating partner?

What crime is committed by stripping a common-law partner naked in full view of neighbors?

What crime is committed by unlawfully withholding financial support for a common child to force cohabitation?

Does RA 9262 apply to partners living together as husband and wife without marriage?

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Can financial support for a minor child be conditioned upon the mother agreeing to resume cohabitation?

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1. Violence Against Women
Under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004, acts of violence committed against a woman with whom the offender has or had a sexual or dating relationship, or with whom he has a common child, are criminally punishable. Physical violence includes any act causing bodily or physical harm, such as punching or beating. Psychological violence includes acts causing mental or emotional suffering, such as public humiliation or harassment. These protective statutory provisions apply equally to married couples and unmarried cohabitating partners with a common child.

2. Public Humiliation Acts
Under Section 3(a) and Section 5 of Republic Act No. 9262, psychological violence encompasses acts that cause severe emotional distress, mental suffering, or public humiliation to a woman. Stripping a former partner naked in full view of neighbors and the public constitutes severe psychological violence and harassment. The offender cannot evade criminal liability under Republic Act No. 9262 by claiming the absence of formal marriage, as the statutory protection specifically covers women who share a common child or dating history with the perpetrator.

3. Economic Abuse Support
Under Section 3(d) and Section 5(e) of Republic Act No. 9262, economic abuse includes acts that make or attempt to make a woman financially dependent, such as the unlawful withdrawal or denial of financial support legally due to the woman or her child. Threatening to withhold financial support for a common child to compel a former partner to resume cohabitation constitutes both economic abuse and psychological violence. Financial support for a child is a statutory obligation that cannot be conditioned upon coerced personal relationships.

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