The Supreme Court ruled that marital infidelity alone is not punishable under the Anti-Violence Against Women and Their Children (Anti-VAWC) Act and stressed that mental or emotional suffering caused by psychological violence must be proven.
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.
Records showed that the couple, married in 1999, had two children, but 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 confirmed signs of depression and linked her emotional difficulties to the marital conflict and her husband’s abandonment.
The SC said an extramarital affair may constitute psychological violence depending on the circumstances, but the resulting mental or emotional anguish must be established by evidence.
In this case, the SC found the wife’s testimony, psychological evaluation and other evidence sufficient to prove 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.
He 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.#