Marital infidelity by itself is not enough to convict a person under the Anti-Violence Against Women and Their Children (Anti-VAWC) Act, the Supreme Court ruled.
The SC said psychological violence must result in mental or emotional suffering that is established by evidence.
In a decision penned by Associate Justice Amy C. Lazaro-Javier, the SC Second Division upheld the conviction of a husband under Section 5(i) of Republic Act No. 9262, or the Anti-VAWC Act of 2004.
The couple married in 1999 and had two children. Their relationship deteriorated after the husband became distant and eventually left the family for another woman.
The wife testified that his abandonment and infidelity caused severe emotional distress, depression, loss of self-esteem and dignity, and several suicide attempts. A psychologist also linked her emotional difficulties to the marital conflict and her husband’s abandonment.
The SC said an extramarital affair may amount to psychological violence depending on the circumstances, but the resulting mental or emotional anguish must still be proven.
In this case, the Court found the wife’s testimony, psychological evaluation and other evidence sufficient to establish the harm she suffered.
“All these pieces of evidence vividly paint a single picture: the intense and unbearable pain that [the wife] contended with for years as a result of [the husband’s] abandonment and infidelity,” the Court said.
The husband was sentenced to up to eight years in prison, fined P100,000, ordered to pay P30,000 in moral damages and required to undergo psychological counseling or psychiatric treatment.IMT
