Dear PAO,
I am planning to file a complaint for violation of the law on violence against women against my husband. This is because he had a sexual relation with his co-worker, which he admitted, although he claimed that he was just drunk when it happened. I felt betrayed. I cannot think clearly, and I cry every time I remember his infidelity.
I relayed this to my friend, but he emphasized that it is not enough that I suffered emotional abuse in order for my husband to be held criminally liable. Is he correct? Kindly guide me on this matter.
Clarity
Dear Clarity,
Psychological violence is one of the forms of abuse against women. Pursuant to Section 3 (c), Republic Act (RA) 9262 or Anti-Violence Against Women and Their Children Act of 2004, it is defined as:
"Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.”
Correlative thereto, Section 5 (i) of the same law provides that:
“SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:
"xxx
"(i) Causing 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.”
The act punishable in the preceding paragraph was fully explained in XXX264870 vs. People of the Philippines, G. R. No. 264870, April 21, 2025, where the Supreme Court, through Senior Associate Justice Marvic M.V. F Leonen, stated that:
“Taking these provisions together, the two elements for the commission of this offense are (1) actions or omissions that constitute psychological violence used as a means by the perpetrator, and (2) mental or emotional anguish caused to the victim.
"Although connected, these two elements are separate and distinct. The acts complained of, which are the means of committing the offense, should be evaluated on whether they were done with the intention of “causing mental or emotional anguish, public ridicule or humiliation to the woman or her child.” xxx To be sure, the effect on the victim alone, which is the second element, is not enough to sustain a conviction.”
Applying the above-quoted decision to your situation, there are two elements for committing violence under Section 5(i) of RA 9262 and these are: actions or omissions that constitute psychological violence used as a means by the perpetrator; and, mental or emotional anguish caused to the victim. In the given set of facts, the first element cannot be established. It is essential to prove beyond reasonable doubt that your husband committed sexual or marital infidelity intentionally to cause mental or emotional anguish, public ridicule or humiliation to you. Actual emotional suffering or anguish per se would not be sufficient to prove the criminal liability of your husband under RA 9262.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
