The Supreme Court has clarified that marital infidelity on its own is not punishable under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act (VAWC), emphasizing that the law specifically penalizes the resulting emotional and mental suffering inflicted on the victim.
In a ruling penned by Associate Justice Amy Lazaro-Javier, the high tribunal affirmed the conviction of a husband for psychological violence, dismissing his argument that his prior acquittal in a concubinage case should clear him of liability under VAWC.
The Court noted that concubinage and psychological violence constitute distinct offenses with separate legal elements.
Court records show the couple married in 1999 and had two children. The husband’s behavior shifted in 2009 when he became distant, eventually texting his wife in January 2010 that he was leaving to start a new life and seek a marriage annulment. The wife later confirmed through surveillance and witness accounts that he was living with another woman.
The trial court found that the husband’s abandonment and cohabitation with another partner triggered severe depression, sleep issues, loss of dignity, and multiple suicide attempts by the wife. Her condition was substantiated by testimony from a psychologist and the couple’s son.
The Regional Trial Court sentenced the husband to up to eight years in prison, imposed a ₱100,000 fine, and ordered mandatory psychological treatment—a ruling later sustained by the Court of Appeals.
In affirming the lower courts’ rulings, the Supreme Court emphasized the foundational purpose of the law.
“is a landmark legislation meant to equalize the gender-based power imbalance that exists between men and women, recognizing that violence against women is a form of men’s expression of control over women to retain the power in the relationship.”
The Court added that the legislation:
“aims to address the discrimination brought about by biases and prejudices against women, by recognizing and penalizing all forms of abuse that may be committed against them.”
Reviewing the lower courts’ assessment, the high court noted that the prosecution’s evidence:
“vividly paint a single picture: the intense and unbearable pain that AAA (the wife) contended with for years as a result of XXX’s (the husband) abandonment and infidelity.”
Upholding the findings of credibility established during the trial, the tribunal concluded:
“Both the trial court and the Court of Appeals found that the testimonies of the prosecution’s witnesses were all clear, straightforward, and convincing. It is well-settled that the factual findings of the trial court as regards its assessment of the credibility of witnesses are entitled to great weight and respect by the Court, particularly when the same carry the full concurrence of the appellate court, absent any showing that the trial court overlooked certain facts and circumstances which could substantially affect the outcome of the case, as here.”
“Accordingly, the Petition for Review on Certiorari is dismissed. The Decision dated Feb. 27, 2023 and Resolution dated July 31, 2023 of the Court of Appeals in CA-G.R. CR No. 46060 are affirmed in full.”