Atty Angelito R Orozco

The has acquitted a man charged with violence against women and their children, or VAWC, for allegedly refusing to provide financial support to a child not proven to be his, emphasizing that a legal duty to provide financial support arises only after filiation or paternity has been established.

In a Decision written by Associate Justice Japar B. Dimaampao, the SC’s Third Division reversed the rulings of the Regional Trial Court and the Court of Appeals, which found the accused guilty of economic abuse under Republic Act No. 9262, or the 𝘈𝘯𝘵𝘪-𝘝𝘪𝘰𝘭𝘦𝘯𝘤𝘦 𝘈𝘨𝘢𝘪𝘯𝘴𝘵 𝘞𝘰𝘮𝘦𝘯 𝘢𝘯𝘥 𝘛𝘩𝘦𝘪𝘳 𝘊𝘩𝘪𝘭𝘥𝘳𝘦𝘯 𝘈𝘤𝘵 𝘰𝘧 2004 (𝘈𝘯𝘵𝘪-𝘝𝘈𝘞𝘊 𝘈𝘤𝘵).

The case arose from a complaint filed by a woman against her former boyfriend, accusing him of refusing to provide financial support for her child.

The accused consistently denied he was the father, claiming that the child was born only eight months after they last had sexual relations.

During trial, the woman presented the child’s birth certificate as evidence. However, the portion indicating the father’s name, was marked "𝘕/𝘈" and left unsigned.

The woman also admitted in court that the accused refused to give financial support because he doubted that he was the child’s father.

In reversing the accused’s conviction, the SC explained that to convict a person for economic abuse under Section 5(i) of the 𝘈𝘯𝘵𝘪-𝘝𝘈𝘞𝘊 𝘈𝘤𝘵, the prosecution must show the following: (1) the victim is a woman and/or her child; (2) the woman is the offender’s wife or partner, or someone with whom the offender has a common child; (3) the offender refused to give financial support due; and (4) the refusal was intended to cause mental or emotional suffering.

In this case, the SC ruled that the prosecution failed to prove two essential elements: that the accused and the woman share a common child, and that the refusal to provide support was done to inflict psychological harm.

As the accused’s paternity was not proven in this case, no legal obligation to provide support could be imposed.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=164663.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=164655.

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SBMA Reviews 5.31B Proposal To Upgrade Subic Airport

The Subic Bay Metropolitan Authority is reviewing a 5.31 billion peso unsolicited proposal from US based Cerberus Asia Pacific Investments to manage, operate, and upgrade Subic Bay International Airport. The proposal has received a go signal from the Public Private Partnership Center.

If approved, the project will follow an operate add transfer scheme, with Cerberus set to gain Original Proponent Status and undergo a Swiss Challenge. Plans include rehabilitating airport assets and building new facilities like hangars and storage areas to boost its role as a cargo and logistics hub.