More years in jail for Italian who abandoned minor

CEBU, Philippines – The Court of Appeals in Cebu has affirmed the conviction of an Italian national who drove his pregnant live-in partner out of their house and denied her financial support.

Aside from affirming the lower court’s decision, the Court of Appeals also lengthened the accused’ prison sentence – from four years to 10 years.

“…with respect to the penalty imposed and the damages awarded, the Court finds that certain modifications are in order. In accordance with Section 6 of R.A. 9262, the penalty to be imposed on the accused-appellant is prision mayor in its maximum period considering that the offense was committed while the victim was then pregnant,” reads the decision penned by Associate Justice Edgardo delos Santos.

The FREEMAN is withholding the names of the parties due to the sensitive nature of the case.

The Regional Trial Court convicted the Italian national in 2012 for violation of the Anti-Violence against Women and Their Children.

The girl met the Italian in 2005 when she was still 15 years old and while working as a server at a restaurant on Colon Street. She said she stopped working at the restaurant because the Italian assured her that he would support her if she would be in a relationship with him and if she would get pregnant.

On November 24, 2007, how-ever, when the girl was nine months pregnant, the Italian reportedly left her after they finished having dinner at a restaurant.

When she went to their condominium, she found out that the Italian had packed her things up and placed them outside the door. He reportedly shouted at her to get her things and leave.

The girl said she had to ask help from her friend because she had no money at that time. She filed the complaint against the Italian a few days after she gave birth.

She said she suffered “severe damage and prejudice as well as psychological trauma since she was deprived of the material, physical and emotional support she so badly needed.”

She added that the Italian’s act of abandoning her and the child without justifiable reason caused her “physical harm and their child, and brought her mental and emotional anguish, public ridicule and humiliation.”

In his defense, the Italian said she met the girl at a KTV Bar where she worked as a guest relations officer. He said the victim told him she was already 18 years old when she was actually still a minor at that time.

On November 24, 2007, the girl reportedly wanted to go out but he reportedly refused considering that she was pregnant.

This reportedly made the girl angry and she allegedly threatened to walk away and end their relationship.

Believing that it was a “harmless threat,” he went to their room only to find out that the girl had left. A few days after, the girl reportedly told him that she was no longer interested to return to their place and demanded P1 million as settlement.

He reportedly told her that he could not give her such amount but promised to support her and their baby. He even allegedly pleaded for her to return to their place but the woman refused.

Contrary to the Italian’s claim, the Court of Appeals said the prosecution was able to prove his guilt and that the Italian’s denial could not overcome the clear and positive testimony of the girl.

“After a meticulous scrutiny of the record, the court is convinced that the court a quo committed no reversible error when it stamped full faith and credence on the testimony of the victim. A comprehensive reading of victim’s testimony discloses no material discrepancy that would warrant a reversal of the trial court’s findings,” the decision reads.

Delos Santos fined the Italian P100,000 and ordered him to pay another P30,000 for moral damages and P15,000 for exemplary damages. — (FREEMAN)