27/06/2026
SUPREME COURT SLAPS HUSBAND WITH UP TO 8 YEARS IN PRISON FOR PSYCHOLOGICAL VIOLENCE
The Supreme Court (SC) has convicted a husband of psychological violence under Republic Act No. 9262 after finding that his extramarital affair caused severe mental and emotional suffering to his wife, leading her to attempt su***de.
In a 16-page decision penned by Associate Justice Amy Lazaro-Javier, the SC's Second Division sentenced the husband to suffer the penalty of up to eight years in prison for violating Section 5(i) of the Anti-Violence against Women and their Children Act.
The victim married the accused in 1999. They were gifted with two children. Their marital problems began in October 2009 when the victim started to notice that the accused would come home very late at night.
Up until 2010, the complainant received a text message from the husband telling her that he will not return home anymore and would like to start a new life alone. He even told her not to call him anymore. She also received another message from him informing her that he will file a petition for the declaration of nullity of their marriage to finalize their separation.
The wife later pleaded to the accused to come back and try anew, which the latter ignored. The accused sent another message telling her that he wanted to see their sons, but the children should only be accompanied by their house helpers. The victim agreed: the accused was eventually allowed to see their children.
Upon arriving home, one of the house helpers who accompanied the children relayed a message to AAA that she should stop hoping for him to come home as he had another wife already.
Due to the information she received, her suspicion against her husband grew. To confirm this, she asked for help from her brother and a private detective to conduct a surveillance on her husband.
As a result of the surveillance, she found out that the accused was always with another woman, one of the salespersons in their convenience store. This prompted her to file a criminal case for psychological violence against her husband, claiming that she suffered mental and emotional torture to the extent that she even attempted to commit su***de due to her depression.
For his part, the accused denied all the allegations against him. He claimed that he never abandoned their children, but he had no opportunity whatsoever to see them again as the wife prevented him from doing so. He also denied the allegations of marital infidelity. In support of his denial, he stated that he, together with his supposed paramour, was acquitted in a separate case of concubinage filed by the complainant.
The Regional Trial Court convicted the accused, noting that the prosecution was able to prove marital infidelity, which caused emotional suffering to the wife. The Court of Appeals eventually affirmed the lower court's decision. This prompted the accused to elevate the case before the Supreme Court.
In upholding the conviction, the Supreme Court ruled that marital infidelity constitutes a form of psychological violence punishable under Republic Act No. 9262. It explained that marital infidelity not only violates the vows of faithfulness and commitment in marriage but also inflicts severe psychological and emotional harm on the aggrieved spouse and their children.
The high court emphasized that marital infidelity, particularly when it causes mental and emotional suffering to the innocent spouse, cannot be condoned. It said such acts are contrary to the constitutional principle of the inviolability of marriage and public policy and are penalized under the law.
It underscored that the prosecution was able to prove all the elements of the violation of Section 5(1) of Republic Act No. 9262. The Court gave great credence to the psychological assessment made of the complainant, which revealed that she suffered mental and emotional suffering that manifested through depression and self-harm.
It reiterated that marital infidelity in itself is not what VAWC punishes but the psychological violence that caused mental or emotional suffering to the wife, noting that the mental or emotional suffering of the victim is an essential and distinct element in the commission of the offense.
The highest bench meted out the penalty of up to 8 years imprisonment against the accused. He is also ordered to pay a fine of PHP 100,000 and indemnify the victim with PHP 30,000 as moral damages.
