The Supreme Court ruled that the denial of financial support does not automatically constitute Violence Against Women and Their Children (VAWC) under Section 5(e) of Republic Act No. 9262.
The law penalizes acts that are done willfully and intentionally to control or restrict a woman's movement, behavior, or economic resources. Therefore, non-support becomes punishable only when it is shown that the denial was deliberately used as a means to exercise power and control over the woman.
Mere failure or inability to provide support, without intent to control or restrict, does not fall under the purview of the VAWC law. Criminal liability cannot be imposed for an omission that is not done with the requisite intent.
“Section 5(e) cannot be read as punishing the mere failure or one's inability to provide financial support.”
— Supreme Court
What Did the Supreme Court Decide?
Denial of financial support does not automatically constitute VAWC under Section 5(e) of RA 9262.
In Simple Terms
Not giving support is not a crime under VAWC unless the denial is used to control or restrict the woman.
Why Is This Important?
It protects individuals from being criminally charged for non-support if it is not done with the intent to abuse, control, or limit the woman.
Practical Takeaway
To be punishable under the law, the denial must be intentional and used as a weapon to assert power and control — not merely a failure to pay.
The TLG Takeaway
Under RA 9262, the law targets abuse, not mere non-support. Financial support becomes punishable only when the denial is intentional and used to control or restrict the woman. The law does not criminalize poverty or inability, but the abuse of power.
Case Citation
Acharon v. People of the Philippines
G.R. No. 224946
November 9, 2021
Supreme Court, En Banc
Associate Justice Alfredo Benjamin S. Caguioa
How TLG Can Help
Whether you are seeking support for your children or are facing a VAWC complaint, the facts and intent behind each act matter. A TLG lawyer can help you assess the situation and the remedies available to you.
Learn about our Criminal Litigation practice →
Next: Dismissal Valid, but Employer Liable for Failure to Observe Due Process