The Supreme Court has recently reaffirmed and clarified an important principle under the Anti-Violence Against Women and Their Children Act (VAWC) (Republic Act No. 9262): marital infidelity is one of the forms of psychological violence punishable under RA 9262. The Supreme Court also ruled that criminal intent is automatically presumed in cases of marital infidelity that result in psychological violence as defined in RA 9262. Please see G.R. No. 252739, April 16, 2024.
This pronouncement strengthens an evolving line of legislation and jurisprudence recognizing that abuse and violence under the law is not limited to physical harm, but extends to acts that inflict emotional and psychological suffering within intimate relationships.
Section 3(c) of RA 9262 defines psychological violence as acts or omissions causing mental or emotional suffering, explicitly including marital infidelity among its examples.
The gravamen of the offense is not the infidelity itself, but the mental and emotional anguish it causes. Thus, to prosecute for violation of RA 9262 for psychological violence due to martial infidelity, the prosecution must still establish that:
The marital or intimate relationship
The act/s which caused the mental and emotional suffering on the victim (i.e., acts of infidelity)
Resulting psychological or emotional suffering; and
A causal connection between the act and the suffering.
Relatedly, in another case, the Supreme Court reiterated that a psychological evaluation from an expert witness is not required to prove psychological violence under RA 9262. The victim’s testimony is sufficient to prove emotional or mental suffering. Please see G.R. No. 270257, August 12, 2024.
Acts constituting as psychological violence under RA 9262 carry the penalty of prision mayor (6 years and 1 day to 12 years imprisonment).