Key Takeaway: Marital Infidelity as Psychological Violence Under RA 9262

XXX v. People of the Philippines, G.R. No. 243049, October 05, 2020

Imagine discovering that the person you vowed to spend your life with has been unfaithful. The emotional turmoil can be devastating, leading to feelings of betrayal and psychological distress. In the Philippines, such marital infidelity can now be legally recognized as a form of psychological violence under Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004. This case, XXX v. People of the Philippines, illustrates how the Supreme Court has interpreted this law to include infidelity as a punishable offense, shedding light on the broader implications for victims of domestic abuse.

XXX was convicted for violating Section 5(i) in relation to Section 6(f) of RA 9262 after his wife, AAA, discovered his extramarital affair. The central legal question was whether his infidelity constituted psychological violence, causing mental or emotional anguish to his wife.

Legal Context: Understanding RA 9262 and Psychological Violence

Republic Act No. 9262, known as the Anti-Violence Against Women and Their Children Act, was enacted to protect women and their children from various forms of abuse. Section 5 of the law lists specific acts considered as violence against women and their children, including psychological violence.

Psychological violence, as defined in Section 3(c) of RA 9262, refers to acts or omissions causing or likely to cause mental or emotional suffering to the victim. This includes, but is not limited to, intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity.

To establish psychological violence, the prosecution must prove that the accused caused mental or emotional anguish to the victim through acts listed in Section 5(i) or similar acts. The victim’s testimony is crucial in demonstrating the personal impact of such violence.

For instance, if a husband repeatedly belittles his wife in public or engages in an extramarital affair, these actions can be considered psychological violence under RA 9262, provided they cause significant emotional distress to the wife.

Case Breakdown: The Journey of XXX v. People of the Philippines

XXX and AAA were married for 17 years, and their relationship deteriorated due to XXX’s infidelity. In February 2013, AAA overheard XXX discussing his financial support for another woman, leading to a confrontation and his eventual departure from their home.

On June 6, 2013, AAA received a threatening text message from XXX, prompting her to report to the police and file a criminal case. She also applied for a protection order, which was granted and later made permanent.

The Regional Trial Court (RTC) found XXX guilty of violating RA 9262, citing his admission of past infidelity during cross-examination. The RTC sentenced him to imprisonment and a fine, but failed to mandate psychological counseling or psychiatric treatment as required by the law.

XXX appealed to the Court of Appeals (CA), which affirmed the RTC’s decision. The CA emphasized the credibility of AAA’s testimony and the judicial admission of XXX’s infidelity.

The Supreme Court upheld the conviction, stating:

“Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. To establish psychological violence as an element of the crime, it is necessary to show proof of commission of any of the acts enumerated in Section 5(i) or similar such acts. And to establish mental or emotional anguish, it is necessary to present the testimony of the victim as such experiences are personal to this party.”

The Supreme Court also noted:

“In the case at bar, it is clear that the first two elements of the crime are undoubtedly present. What remains to be done by the Court is the establishment of the last two elements.”

The procedural journey included:

• Initial filing of the criminal case and application for a protection order by AAA.
• Conviction by the RTC, followed by an appeal to the CA.
• Denial of the appeal by the CA, leading to a petition for review on certiorari to the Supreme Court.
• Final affirmation of the conviction by the Supreme Court, with modifications to include mandatory psychological counseling or psychiatric treatment for XXX.

Practical Implications: Navigating RA 9262 in Future Cases

This ruling expands the scope of RA 9262, recognizing marital infidelity as a form of psychological violence. It sets a precedent for future cases, emphasizing the importance of the victim’s testimony in proving emotional anguish.

For individuals facing similar situations, it is crucial to document any evidence of psychological violence, including text messages, witness accounts, or any other form of communication that may demonstrate the perpetrator’s actions and their impact on the victim.

Key Lessons:

• Victims of psychological violence, including marital infidelity, can seek legal protection under RA 9262.
• The testimony of the victim is essential in establishing the emotional impact of the perpetrator’s actions.
• Courts may mandate psychological counseling or psychiatric treatment for the perpetrator as part of the penalty.

Frequently Asked Questions

What constitutes psychological violence under RA 9262?

Psychological violence includes acts or omissions causing mental or emotional suffering, such as intimidation, harassment, and marital infidelity.

Can marital infidelity be considered a crime under RA 9262?

Yes, if the infidelity causes mental or emotional anguish to the victim, it can be considered psychological violence under RA 9262.

What evidence is needed to prove psychological violence?

The victim’s testimony is crucial, along with any documentation of the perpetrator’s actions, such as text messages or witness accounts.

What are the penalties for violating RA 9262?

Penalties include imprisonment, fines, and mandatory psychological counseling or psychiatric treatment for the perpetrator.

How can victims of psychological violence seek protection?

Victims can file a criminal case and apply for a protection order through the courts to seek legal protection and remedies.

ASG Law specializes in family law and domestic violence cases. Contact us or email hello@asglawpartners.com to schedule a consultation.