Marital infidelity alone not punishable under Anti-VAWC Law -- SC

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It must be proven that psychological violence was inflicted for marital infidelity to be punishable under the Anti-Violence Against Women and Their Children Act of 2004, the Supreme Court (SC) reiterated.

In a 16-page decision, the SC Second Division said this as it affirmed the conviction of a husband for violation of Section 5(i) of the Anti-VAWC Act, finding that the emotional anguish inflicted on his partner was established.

“The emotional or mental anguish of AAA and BBB due to the marital infidelity of XXX was proved beyond reasonable doubt,” the High Court said.

“AAA clearly narrated the trauma, humiliation, and depression she experienced due to XXX’s marital infidelity to the extent that she attempted to take her own life, not just one, but several times,” it added.

Citing a previous ruling, the SC said that marital infidelity per se is not punishable under the law. Instead, what the law penalizes is the psychological violence causing mental or emotional suffering upon the victim.

The SC noted that depending on the circumstances, an illicit relationship may or may not be causing mental or emotional anguish on the wife.

In the present case, the husband and wife married in 1999 and had two children.

The SC said their marital problems started in 2009 when the husband began to grow distant. A year later, he sent his wife text messages that would seek the nullity of their marriage and that he wanted to start a new life alone.

However, the wife later discovered that her husband was living with another woman, leading her to file a case with the Regional Trial Court (RTC).

During the trial, the psychologist found that the wife was suffering from depression, feelings of inferiority, sleep problems, had difficulty concentrating, and had problems relating with others. The psychologist linked these to the husband’s abandonment.

The RTC and the Court of Appeals found him guilty.

The SC affirmed the ruling.

“Marital infidelity destroys the stability and unity of the family at its core, shatters the self-worth and trust of the betrayed spouse, and fosters deep-seated trauma borne of emotional turmoil and related mental health issues,” the SC said.

“There is thus no question that marital infidelity, especially that which causes mental and emotional suffering oh the innocent spouse, cannot, in any degree, be condoned by the Court,” it added.

Meanwhile, in a dissenting opinion, Senior Associate Justice Marvic Leonen agreed that marital infidelity should not be considered as an act of violence under the law by itself.

However, he said that the prosecution failed to prove that the petitioner’s marital infidelity was precisely done to inflict mental or emotional anguish on his wife. He said that it appears the husband left the wife because he fell out of law.

Leonen said that the language of the law is clear that “deliberate intent to inflict mental or emotional anguish should be shown.”

“My vote to acquit petitioner should not be construed as an approval of marital infidelity, nor should this be used as an excuse to disregard one's commitments,” he said.

“There is no dispute that petitioner's wife experienced emotional suffering upon learning about petitioner's infidelity. However, emotional suffering is not sufficient to warrant a conviction for psychological violence,” he added. — RSJ, GMA News