Supreme Court rules that marital infidelity has criminal intent for causing 'psychological violence' under Anti-VAWC Act
The Supreme Court (SC) has ruled that there's criminal intent when committing marital infidelity as it causes "psychological violence" under Republic Act No. 9262 or the Anti-Violence Against Women and Their Children (VAWC) Act.
In a press release published on its website, the SC said Associate Justice Ramon Paul Hernando denied the petition for certiorari, or a higher court's review of a lower court's decision, of a man who challenged his conviction for violating the Anti-VAWC Act's Section 5(i).
The section states that "[c]ausing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children" is a form of VAWC.
The man was charged with psychological violence for giving his wife mental and emotional distress for having an affair and a child with another woman.
The Regional Trial Court found him guilty and the Court of Appeals affirmed the decision.
In his petition, the man argued that his unfaithfulness didn't amount to psychological violence since he had no intention to cause his wife mental and emotional distress.
But the SC said that all the elements of a violation under Section 5(i) of the Anti-VAWC Act were present: (1) the victim is a woman and/or her child; (2) the victim is the wife of or has a relationship with the offender; (3) the offender causes the victim mental or emotional anguish; and (4) the anguish is caused through public ridicule or humiliation, verbal and emotional abuse, denial of financial support, or similar acts.
For the third element, the SC said it's a question of whether criminal intent to cause anguish must be proven.
It explained that the Anti-VAWC Act's main thrust is the protection of women and their children, and the law is more concerned with defending them as victims rather than penalizing the offenders.
"Hence, the law looks at the effects of a certain act or omission against a woman or their child rather than the offender’s motive," the SC said.
According to the high court, there's already criminal intent to cause mental and emotional suffering once the offender commits the act of infidelity. It's because infidelity is "inherently wrong under current social, cultural, and religious norms."
The SC also pointed out that not all extramarital relationships are punishable under Section 5(i) of the Anti-VAWC Act.
Citing as examples non-traditional family setups and modern relationship arrangements with consciously consenting spouses, the SC said such extramarital relationships "may not inflict mental or emotional suffering and is not punishable as a crime under the law."