Dear Atty. Maan,

My aunt went to Dubai to work as an OFW. The following year, she discovered that her husband was in a romantic relationship with another woman. Worst, she later discovered that the other woman was pregnant with her husband’s child. Can her husband be charged under RA 9262 based on the information above?

Thelma

Dear Thelma,

In a recently decided case, the Supreme Court has upheld the conviction for violation of Republic Act 9262 or the Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWC Act) of a man who cohabited with another woman and impregnated the same while his wife was working abroad.

In the case of XXX vs. People of the Philippines, G.R. No. 250219, 1 March 2023, the Supreme Court held that there are several forms of abuse, the most visible form of which is physical violence. The others are sexual violence, psychological violence, and economic abuse.

Further, the Supreme Court emphasized that Marital infidelity is one of the forms of psychological violence. It is crucial that the essential elements of psychological abuse under RA 9262 be identified to categorically determine the jurisdiction and authority of the court over a criminal case, as well as determine whether liability for the crime can be ascribed to the accused. These elements are: 1) the offended party is a woman and/or her child or children; 2) the woman is either the wife or former wife of the offender; 3) the offender causes on the woman and/or child mental or emotional anguish; and 4) the anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar to such acts or omissions.

It bear emphasis that Section 5(i) of RA 9262 penalizes some forms of psychological violence that are inflicted on victims who are women and children. Psychological violence is an element of violation of Section 5(i) just like the mental or emotional anguish caused on the victim. Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. To establish psychological violence as an element of the crime, it is necessary to show proof of commission of any of the acts enumerated in Section 5(i) or similar such acts. And to establish mental or emotional anguish, it is necessary to present the testimony of the victim as such experiences are personal to this party.

Hope this helps.

Atty. Mary Antonnette M. Baudi